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

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GST Advisory: Pre-deposit paid via DRC-03 is not considered for appeal filing unless linked to deman... Bombay High Court: GST authorities cannot seize cash under Section 67 without proper “reason to beli... Karnataka High Court: ITC cannot be blocked under Rule 86A for supplier’s actions when alleged fraud... Madras High Court : Demand order exceeding the amount proposed in the Show Cause Notice violates Sec...

GST

Calcutta High Court: Changing basis of demand from short declaration of turnover to isssue of forward charge liability amounts to a substantive, not technical, deviation; Adjudication order cannot travel beyond SCN [Orde...

GST – Gujarat High Court: Revenue-neutral errors in debit/credit note reporting cannot justify ITC reversal; rectification of GSTR-1 and GSTR-3B must be allowed [Order attached]

Himachal Pradesh High Court: Being different financial years involving different issues composite DRC-01A and SCN under Section 74 for multiple financial years held unsustainable [Order attached]

GST – Himachal Pradesh High Court: Parallel adjudication by Central and State GST authorities on same subject matter barred under Section 6(2)(b); Authorities directed to refer Supreme Court guidelines [Order attached]

GST – Madras High Court: Assessment proceedings for FY 2024–25 under Section 73 held to be without jurisdiction owing to omission of Sections 73 and 74 [Order attached]

GST – Bombay High Court: GST statutory scheme does not permit consolidation of different financial years in a single show cause notice under Section 74 [Order attached]

GST – Calcutta High Court: Delay of 234 days in filing appeal cannot be condoned; Condonation of delay requires specific, cogent, and satisfactory explanation [Order attached]

GST – Calcutta High Court: ITC on imports cannot be denied merely due to IGST paid under manual Bills of Entry does not appear on the GST portal [Order attached]

GST – Madras High Court: Where repeated notices uploaded on portal elicit no response from the taxpayer, other modes of service prescribed under Section 169 must be explored to ensure effective communication - Matter rem...

GST – Himachal Pradesh High Court: Composite DRC-01A intimation and DRC-01 SCN under Section 74 for multiple financial years on different subject matters held invalid [Order attached]

GST – Orissa High Court: Uploading notices/orders under “Additional Notices/Orders” tab on GST portal is not valid service; Ex-parte demand and rejection of rectification quashed [Order attached]

GST – Kerala High Court: GST exemption on health insurance applies only to individual policies including family floater policies; Group insurance for retired bank employees remains taxable [Order attached]

GST – Madras High Court: ITC availed for FYs 2017–18 to 2020–21, if claimed on or before 30.11.2021, cannot be denied on limitation in view of retrospective Section 16(5) [Order attached]

GST – Madras High Court: Delay in filing GST appeal condoned; Petitioner directed to deposit an additional 40% of the disputed tax, over and above the pre-deposit [Order attached]

GST – Telangana High Court: Rule 39(1)(a), to the extent it mandates same-month distribution of ITC, declared ultra vires the parent statute [Order attached]

High court of Himachal Pradesh allows manual filing of GSTR-3B to claim missed ITC, but clarifies no automatic impact on existing GST demand [Order attached]

GST – Allahabad High court: Mere clerical error in mentioning the PIN code, where consignor and consignee addresses are otherwise correctly stated, does not warrant initiation of proceedings under Section 129 [Order atta...

GST – Madras High court: Assessment order passed without personal hearing violates principles of natural justice; Assessing authority must explore alternative communication modes when there is no response from the taxpay...

GST – Allahabad High Court: Mere uploading of adjudication orders on GST portal, without proof of notice or alert, does not amount to valid communication [Order attached]

GST - Gujarat High court: GST Appeal filed beyond 120 Days cannot be entertained; Article 226 cannot override statutory limitation [Order attached]

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