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

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Calcutta High Court - Narayana Hrudayalaya secured a stay on GST recovery for inpatient medicines, w... Orissa High Court - Due to interest demand wrongly classified as "Tax" in the Order, taxpayer cannot... Allahabad High Court - Demand order cannot confirm tax and penalty demand higher than what was propo... Uttarakhand High Court - Genuine typographical error in GST Invoice ["32" instead of "32/(2023-24)"]...

GST

GST – Rajasthan High Court: It cannot be said that the demand of bank guarantee by respondent could be equated with providing solvent security in terms of the order passed under Section 54 (11) - Direction to furnish ban...

GST – Madras High Court: The amnesty scheme under GST can be availed even after the rejection of appeal on the aspect of delay – Writ petition allowed [Order attached]

GST – Allahabad High Court: Once the goods were found with proper tax invoice and E-way bill belonging to the petitioner, he would be deemed to be the owner of the goods; Goods would have to be released in terms of Secti...

GST – Madhya Pradesh High Court: Whether or not the petitioners have specifically asked for personal hearing, it was obligatory and mandatory on the part of respondents to provide the petitioners opportunity of personal...

GST – New Delhi High Court: Section 54 does not prescribe grant of refund where the input and the output are the same; It merely restricts the refund of unutilised ITC to cases where there is accumulation on account of r...

GST – Patna High Court: Appeals can be filed by paying 10% of amount remaining due from the Electronic Credit Ledger – Writ petition allowed [Order attached]

GST – Allahabad High Court: As per Section 67(1) it is only after reasons are provided to the Joint Commissioner that he can authorize in writing any search and seizure to be carried out, which is missing in this case an...

GST – New Delhi High Court: Requisite procedure under Rule 142 has not been complied as Form GST DRC-04 was not issued acknowledging the voluntary payment of tax – Since the deposit made by the petitioner has been held t...

GST – New Delhi High Court: The deposit made by the petitioner in the FORM GST DRC-03 at about 9:00 pm while the Department were conducting the inspection, hence the same is not voluntary – Writ petition disposed [Order...

GST – New Delhi High Court: Acknowledgement accepting the deposit in form GST DRC-04 was not issued and no notice issued under Rule 142 (1A) communicating the details of any tax, interest or liability - Not following the...

GST – New Delhi High Court: Reversal of ITC has been made while the petitioner’s premises were being searched and he was being subjected to questioning/ enquiries - Hence it is unable to accept that the reversal of ITC w...

GST – Calcutta High Court: Unsigned order is no order in the eyes of law - Merely uploading of the unsigned order, may be by the Authority competent to pass the order, would not cure the defect which goes to the very roo...

GST – Calcutta High Court: Issue of imposition of penalty for transporting goods in vehicle other than mentioned in e-way bill due to mechanical failure - Held that absence of requirement to establish mens rea by the dep...

GST – New Delhi High Court: If multiple notices have been issued, Additional / Joint Commissioner of Central Tax in the location where the highest demand is covered under notice would have jurisdiction to adjudicate the...

GST – Madhya Pradesh High Court: SCN cannot be termed as deficient or inadequate as no representation was made by the petitioner pursuant to the SCN to submit additional evidence; it is presumed that petitioner has no gr...

GST – Allahabad High Court: Difference in ITC claimed in Form of GSTR-3B and proceedings initiated under Section 74- Matter remitted back to pass fresh order considering Circular dated 2.1.2023 – Writ petition disposed [...

GST – New High Court: Amount paid during the search cannot be said to be paid voluntary and within the scheme of Section 73(5) as no determination of the petitioner’s liability to pay tax and the requisite procedure unde...

GST – New High Court: There is no infirmity with the process of adjusting interest as payable on the admitted tax against the amount refundable to a tax payer – Writ petition dismissed [Order attached]

GST – Allahabad High Court: Issue of ITC availment when the supplier is found to be non-existent - Held that petitioner has failed to discharge its onus to prove and establish beyond doubt the actual transaction, actual...

GST – Andhra Pradesh High Court: The petitioner cannot be said to have deprived of the claim of input tax credit as a consequence of not submitting Form GST ITC-02 electronically - Petitioner is directed to approach the...

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