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

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Himachal Pradesh High Court - When a matter is remanded for fresh adjudication, the appellate author... Meghalaya High Court - GST disputes on classification, exemption, and taxability should generally be... Gauhati High Court - Bona fide purchaser cannot be denied ITC merely because the supplier failed to... Gauhati High Court - ITC cannot be denied to a bona fide purchaser merely because the supplier faile...

GST

Bombay High Court: Damages paid under an arbitral award for breach of contract not liable to GST, not covered under tolerating an act [Order attached]

Bombay High Court: Consolidated GST SCN under Section 73 and 74 for multiple financial years may be valid if limitation requirements for each year are independently satisfied [Order attached]

AAAR Gujarat: ITC on GST paid for lease of land used for factory construction is completely blocked, regardless of timing, usage, or vacant portions [Order attached]

Andra Pradesh High Court: Transitional CENVAT credit available before GST cannot be denied by misinterpreting Section 140(5) while ignoring Section 140(1) [Order attached]

Bombay High Court: Department is legally obligated under Section 56 to pay interest on delayed IGST refunds, even if they claim the delay was for "bona fide" investigations [Order attached]

Bombay High Court: Cancellating GST registration due to temporarily disruption of business operations is illegal [Order attached]

Himachal Pradesh High Court: Parallel adjudicatory proceedings under GST on the same subject matter are barred once one authority has already initiated proceedings, but investigation can still continue [Order attached]

Madras High Court: Late fee under Section 47 is valid for delay in filing GSTR-9C, as it forms part of the annual return under Section 44 [Order attached]

Delhi High Court: Refund limitation for unutilised ITC must be computed as per Explanation 2(e) i.e., end of the financial year, and not as per Explanation 2(a) [Order attached]

Madras High Court: Advance rulings are binding on assessee but still open to challenge to Courts to prevent unequal tax treatment [Order attached]

Allahabad High Court: Penalty not specified in Show Cause Notice cannot be imposed later in the adjudication order [Order attached]

Bombay High Court: GST dues of a deceased person cannot be recovered from legal heir without proper adjudication, notice, and proof of business continuation [Order attached]

Madras High Court: Demand u/s 76 of CGST cannot be invoked when tax collected is fully remitted to the Government, even if routed through another GST registration of the same entity [Order attached]

Bombay High Court: Refund rejection without following due process (deficiency memo + hearing) is void; Procedural lapses in filing Appeal can override limitation barriers [Order attached]

Madras High Court: Writ jurisdiction cannot be used to decide disputed classification and Section 74 cases, proper remedy lies before the appellate authority [Order attached]

Telengana High Court: Composite GST demand orders against Company and its Managing Director is invalid; Separate orders must be issued to enable independent legal remedies [Order attached]

Orissa High Court: DGGI alert alone is Insufficient without independent inquery; Pre-SCN ITC reversal nullifies Sec 74; No interest where adequate ITC available [Order attached]

High Court at Calcutta: Detention of goods without passing a formal seizure order within statutory timelines is unjustified; Authorities cannot insist on personal appearance when representation through an advocate is leg...

High Court of Himachal Pradesh: Parallel GST adjudication on the same subject matter is barred, once one authority initiates proceedings; however, investigation like summons can still continue [Order attached]

High Court of Karnataka: Pigmy agents do not fit RBI’s definition of business facilitators, instead are in the nature of employment, hence not taxable under RCM GST as per Schedule III [Order attached]

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