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...

GST

GST – Tripura High Court: The Court had earlier passed direction to release the seized goods due to expired e-way bill, still seizing officer issued demand notice - This act is purely non-compliance of the order passed b...

GST – Madras High Court: As the proceedings have been concluded contrary to the principles of natural justice as no opportunity to hearing was granted, hence the Impugned Order is set aside – Petition allowed [Order atta...

GST – Jharkhand High Court: SCN issued without striking out the irrelevant particulars and which does not even enumerate the contravention made by the petitioners is vague and hence is quashed – As per GST law, the Prope...

GST – Orissa High Court: Furnishing incorrect amount while preparing e-way bill is a human error, hence demand is liable to be quashed – Matter remanded back for reconsideration – Petition allowed [Order attached]

GST – Jharkhand High Court: As Supreme Court has granted stay, hence no recovery of GST can be made for grant of mining lease/royalty/DMF from the petitioners until further orders – Petition allowed [Order attached]

GST – Rajasthan AAR: GST rates for works contracts involving construction services for a government or local authority have been increased to 18% basis Notification dated July 13 2022 [Order attached]

Service Tax – New Delhi High Court: MTNL had received the compensation during the financial year 2015-16, which was prior to 14.05.2016, the date on which the Finance Act, 2016 came into force - Surrender of any right to...

GST – Punjab and Haryana High Court: If tax is collected without any authority of law, it would infringe the constitutional right of the person – Amount deposited by the Petitioner under protest were liable to be refunde...

GST – Rajasthan AAR : Works contract involving construction, erection, commissioning etc. rendered to Government or Local authority is taxable @ 18% after 13 July 2022 – [Order attached]

GST – AAR Gujarat: One time premium received on allotment of completed commercial units/building on a long-term lease basis for a period of 90 year is not sale of land but it is a lease, classified under SAC 9972 and tax...

GST – AAR Gujarat: As per the Circular, the subsidized deduction towards food made by the applicant from the employees in the factory would not be considered as a 'supply' - ITC on GST charged by the canteen service prov...

GST – Karnataka High Court: As no specific date was specified in the show cause notice before which the petitioner should have furnished the documents, hence the cancellation of registration is not valid - Directed to r...

GST – AAR Gujarat: Subsidized deduction towards mandatory canteen facility from the employees who are availing food in the factory and the Corporate Office would not be considered as a 'supply' - ITC will be available in...

GST – AAR Gujarat: As Application for advance ruling was not filed by the actual supplier of the services but was filed by Chartered Accountant in his own name, hence application dismissed [Order attached]

GST – New Delhi High Court: As the SCN issued to the petitioner did not mention that the proper officer proposed to cancel the registration with retrospective effect, thus, the cancellation cannot be cancelled ab-initio...

GST – Maharashtra AAAR: The other charges viz. water connection charges, legal fees, development charges etc. inextricably linked with the construction of residential apartments, shall be taxable as per the rate of const...

GST – High Court Calcutta: Physical invoices were required to be carried by the person-in-charge of the conveyance and produced in physical form - Petitioner given a chance to produce the relevant invoices in physical fo...

GST - Calcutta High Court: Despite the fact that the concerned authority was informed, as the Notice was issued in the name of dead person, the same is liable to be quashed – Writ Petition allowed [Order attached]

GST – Allahabad High Court: Demand of tax and penalty solely based on the search conducted under Section 130, without resorting to the provisions of Section 74 is invalid - Serving SCN would be completed only when it is...

GST – Bombay High Court: Prior to issuance of show cause notice a pre-show cause notice consultation is mandatory which is beneficial to the assessee as well as revenue – Directed to fix the date for pre-show cause notic...

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