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

High Court of Andhra Pradesh: Passing through State GST officers cannot detain/confiscate goods in interstate (IGST) transit merely for valuation issues or when they lack jurisdiction over the taxpayer [Order attached]

Karnataka High Court: GST authorities can use material collected by other commissionerates, especially in multi-state tax evasion investigations; SCN stays valid if based on relevant evidence, even from cross-jurisdictio...

Gujarat High Court : ITC can be transferred across states after amalgamation; GST portal restrictions cannot override the law [Order attached]

Orissa High Court: Limitation for filing an appeal begins from the date of communication of order, not from when the assessee claims knowledge; Writ dismissed being Appeals not filed within time limits [Order attached]

Karnataka High Court: Concessional benefits for exports not available when goods sent to third party manufacturer for exports and not to the mechant exporter [Order attached]

Gauhati High Court: Summary SCN cannot replace a proper SCN, and absence of hearing and authentication makes the entire demand invalid [Order attached]

Gauhati High Court: GST demand fails when issued without a proper SCN, without signing and authentication, even if summary forms are uploaded [Order attached]

Delhi High Court : Refund delayed is justice denied: Courts expect GST orders to be implemented, not revisited; Directed to process refund within 3 weeks [Order attached]

Delhi High Court : Relying on Ambika Traders, GST law permits consolidation of multiple financial years in a single SCN; Writ not maintainable where GST Appellate Remedy Exists [Order attached]

Gujarat High Court : omission of Rule 96(10) applies to all pending proceedings and not just only future cases; Petitioner entitled to refund [Order attached]

Madras High Court: Extended Limitation not Invokable for interpretational disputes regarding claim of exemption on “Branded vs Unbranded” Goods [Order attached]

Bombay High Court: GST authorities cannot seize cash under Section 67 without proper “reason to believe” and legal backing, making such seizure is illegal [Order attached]

Karnataka High Court: ITC cannot be blocked under Rule 86A for supplier’s actions when alleged fraud is by the recipient [Order attached]

Madras High Court : Demand order exceeding the amount proposed in the Show Cause Notice violates Section 75(7) and is legally impermissible [Order attached]

Gauhati High Court: Mandatory 10% pre deposit cannot be waived where the Section 74 order confirming wrongful ITC availment contains reasoned findings [Order attached]

Allahabad High Court: Appellate order without considering the key contentions raised by the taxpayer regarding the reliability of the laboratory report and the sampling process is invalid [Order attached]

Allahabad High Court: Adjudication order demanding interest not quantified in the SCN is beyond the scope of the notice and liable to be set aside [Order attached]

Madras High Court upheld the validity of Rule 39(1)(a) of the CGST/TNGST Rules requiring Input Service Distributors to distribute ITC in the same month as the underlying invoice [Order attached]

Madhya Pradesh High Court: IGST paid even prior to struck down of GST levy on ocean freight by the Supreme Courton must be refunded since the levy was itself declared unconstitutional [Order attached]

Gujarat High Court : Heavy penalty under Section 129 cannot be imposed merely for E-way bill expiry when goods are meant for export being zero-rated supplies with no tax liability [Order attached]

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