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

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AAR Gujarat: Since Notification referred only to “fuel”, concessional rate cannot be extended to ele... Bombay High Court: Second GST refund application cannot be rejected merely because a prior applicati... Gujarat High Court: Section 16(2)(c) is constitutionally valid, ITC is denied if the supplier fails... Calcutta High Court: False declaration in e-way bill and improper documentation can attract penalty...

GST

Madras High Court: Adjudication order without affording an opportunity of personal hearing violates Section 75(4) - Coercive recovery stayed [Order attached]

GST – Calcutta High Court: Appellate Authority cannot enhance tax liability without notice; Enhancement beyond show cause violates Section 107(11) [Order attached]

Bombay High Court: Assignment of long-term leasehold rights is transfer of immovable property and not liable to GST [Order attached]

Gujarat High Court: Refund of accumulated ITC cannot be denied due to size limitation of GST portal; Allowed fresh refund application permitted without limitation bar [Order attached]

Delhi High Court: Mere uploading of a notice or order on the GST portal does not constitute valid or effective service on the taxpayer; Adjudication order quashed and remanded for fresh consideration [Order attached]

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]

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