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GST - Andhra Pradesh High Court: Issue of refund of ocean freight tax - Held that since such refunds... GST - Orissa High Court: Ex-parte refund rejection was set aside since the petitioner SEZ could not... GST - Andhra Pradesh High Court: Since SCN lacked DIN, Order of GST registration cancellation is set... GST - Orissa High Court: Writ petitions must be filed within a reasonable time; unexplained delay (1...

GST

GST – Calcutta High court: Delay in filing GST appeal to be computed from date of adjudication order, not its communication - Delay of 19-days condoned [Order attached]

GST – Calcutta High Court: 60-day timeline under Section 54(7) of the GST Act for refund processing is mandatory, non-adherence by tax authorities vitiates the refund rejection, entitling the taxpayer to a full refund wi...

GST – Calcutta High Court: 394-days of delay in filing GST appeal cannot be condoned under Section 107(4); Natural justice is not violated if a hearing date is given but ignored by the taxpayer [Order attached]

GST – Himachal Pradesh High Court: Delay condoned in filing GST appeal, as registration cancellation affects livelihood - Right to carry on business is protected under Article 21 [Order attached]

GST – Patna High Court: Refund of wrong tax paid (CGST & SGST) is allowable under Section 77 if IGST is later paid correctly; limitation runs from date of IGST payment, not original wrong payment [Order attached]

GST - Gujarat High Court : Refund allowed of compensation cess on coal used in manufacturing export goods even when exports are made with payment of IGST - Circular being contrary to GST and Cess is set aside [Order atta...

GST – Calcutta HC dismisses Writ Petition filed against Section 74 order due to lack of evidence such as bank statements to support ITC claims within 180 days - Held appeal is proper remedy, not writ, when jurisdiction i...

GST – Delhi High Court: 285 Crore penalty on GST consultant on account of support in creating fake firms to fraudulently avail ITC - Court held Section 122(1A) of CGST Act is clearly applicable - Remedy lies in appeal [...

GST - Supreme Court: Flavored milk is to be classified under HSN 04030000 and taxed at 5% GST, and not 12% [Order attached]

GST – Orissa High Court: Writ petition is not maintainable when an effective alternative remedy by way of appeal is available, and no breach of natural justice or jurisdictional error is demonstrated [Order attached]

GST – Supreme Court: GST authorities must pass a reasoned order under Section 129(3) even if penalty is paid under protest, to safeguard appeal rights and ensure due process [Order attached]

GST – Allahabad High Court: Penalty cannot be imposed merely due to technical non-filling of Part-B of an e-way bill, especially when no tax evasion intent is evident [Order attached]

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