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Meghalaya High Court - GST disputes on classification, exemption, and taxability should generally be...
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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]
High court of Himachal Pradesh allows manual filing of GSTR-3B to claim missed ITC, but clarifies no automatic impact on existing GST demand [Order attached]
GST – Allahabad High court: Mere clerical error in mentioning the PIN code, where consignor and consignee addresses are otherwise correctly stated, does not warrant initiation of proceedings under Section 129 [Order atta...
GST – Madras High court: Assessment order passed without personal hearing violates principles of natural justice; Assessing authority must explore alternative communication modes when there is no response from the taxpay...
GST – Allahabad High Court: Mere uploading of adjudication orders on GST portal, without proof of notice or alert, does not amount to valid communication [Order attached]
GST - Gujarat High court: GST Appeal filed beyond 120 Days cannot be entertained; Article 226 cannot override statutory limitation [Order attached]
GST - Delhi High court: Considering severe air pollution in Delhi, High Court urged GST Council to reconsider 18% GST on air purifiers and consider a concessional 5% rate [Order attached]
GST – Karnataka High Court: Clubbing multiple financial years in a single Section 74 show cause notice enables misuse of extended limitation, thus impermissible [Order attached]
GST - Allahabad High Court: Penalty at 200% under Section 129(1)(b) upon interception of goods is attracted only where the owner of the goods does not come forward or where ownership cannot be ascertained from the accomp...
GST - Delhi High Court: Fresh demand cannot be raised for pre-Insolvency Resolution Process after approval of resolution plan [Order attached]
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