GST Portal, e-Invoice Login & ITC Updates – Taxrealtime

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Delhi High Court - Limitation is determined by the dates of the substantive SCN and adjudication ord... Allahabad High Court - Central CGST authority had initiated proceedings first, the subsequent State... Madras High Court - Assessment order set aside for improper service of notices, as uploading notice... Gujarat AAR - Rice Husk Board is a fibre board under HSN 4411, not a particle board; Attracts GST @1...

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GST – Allahabad High Court: As the invoice itself contained the details of the truck and the error committed by the petitioner was of a technical nature only and without any intention to evade tax, no penalty is leviable...

GST – AAR Gujarat: Transaction of sale of goods on High Seas Sale [HSS] is covered under Entry 8(b) of Schedule III, which would form part of transaction value under section 15, ibid, for computing the value of work cont...

GST – AAR Gujarat: Subsidized deduction of amount by the applicant from the salary of the employees who are availing facility of food provided in the factory premises would not be considered as a 'supply' - ITC is restri...

GST – AAR Gujarat: Roof top solar system with installation and commissioning constitute plant and machinery of the applicant and hence is not blocked ITC [Order attached]

GST - New Delhi High Court: Even though the Petitioner may not have claimed interest in his refund applications, his claim of interest cannot be denied under Section 56 of the Act as the same is mandatory and payable au...

GST – Madras High Court: Issue of ITC claim rejected as the same was not claimed ITC in the GSTR-3B - Held that when the registered person asserts that he is eligible for ITC by referring to GSTR-2A and GSTR-9 returns, t...

GST – Madras High Court: CGST Act mandates that a personal hearing be given either if such hearing is requested for or if an order adverse to the assessee is proposed to be issued; Even after petitioner expressly request...

GST – New Delhi High Court: Petitioner missed receiving the SCN which was uploaded on the portal in the category of “Additional Notices‟ and not under the heading of “Notices‟ - Granted one opportunity to respond to the...

GST – Allahabad High Court: Detention of goods on the ground that the goods were being transported on a vehicle different from that declared on e-way bill is error in the documents is only that of a clerical or typograph...

GST – Allahabad High Court: Breach of not extending time period of e-way bill is only a technical breach and it cannot be the sole ground for detention and penalty order being passed under Section 129(3) of Act – Writ pe...

GST – Allahabad High Court: Short time of five days granted by the notice itself suggests the unnecessary hurry in which the proceedings were sought to be concluded - Order is liable to set aside – Writ petition allowed...

GST – Allahabad High Court: Power of the Superintendent, CGST & Central Excise is limited to not exceeding Rs.10,00,000/- in case of input tax credit wrongly availed or utilized - As the amount involved is more than Rs.1...

GST – New Delhi High Court: In case the Proper Officer was of the view that reply is incomplete and further details were required, the same could have been sought from the Petitioner, however, no such opportunities were...

GST – New Delhi High Court: Cash is clearly excluded from the definition of the term ‘goods’ - Seizing of cash was a coercive action from the department; Act does not support such an action of forcibly taking over the po...

GST – Allahabad High Court: Mere technical error committed by the petitioner in mentioning incorrect address in e-way bill cannot result in imposition of such harsh penalty upon the petitioner – Writ petition allowed [Or...

GST – Madras High Court: Imposition of tax, penalty and interest on the basis of total expenditure incurred by drawing on figures provided in the respective financial statement is a conclusion reached without proper appl...

GST – Madras High Court: Issue of reversal of ITC due to cancellation of supplier's registration from retrospective effect - Held that the petitioner purchased goods in 2017-2018 and, at the highest, the petitioner may b...

GST – Madras High Court: In spite of having sufficient opportunity, the petitioner did not submit the relevant documents, it is not appropriate to adjudicate the issue when principles of natural justice were not violated...

GST – New Delhi High Court: Appeal was filed within 5 days through the online portal and forwarded the hard copy to the Department of GST-I instead of GST-II - Since the action of the petitioner is bonafide, no delay att...

GST – Allahabad High Court: Detention and imposition of penalty as E-way Bill was expired due to a breakdown; Held that there is nothing which indicate any intention to evade tax hence cannot impose penalty – Writ petiti...

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