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

Allahabad High Court: In absence of enquiry to establish reuse of documents in relation to expired e-way bill, seizure cannot be permitted [Order attached]

Allahabad High Court: Adjudication under Wrong GSTIN and tax demand exceeding proposed liability held invalid [Order attached]

Gujarat AAR - ITC allowed on underground transmission cables, switchyards, and related equipment being movable and relocatable [Order attached]

Allahabad High Court: SCN issued under Section 74 held invalid being lacking allegation of fraud, willful mis-statement or suppression [Order attached]

Gujarat AAR – Transfer of the redevelopment project with its operations on a going concern is exempt from GST [Order attached]

Gauhati High Court - Bail granted in GST fake invoicing worth 658 Cr; Held Custodial interrogation not required [Order attached]

GST - Delhi High Court – The audit report was only communicated after due date, but since has been prepared within time limit , the same is not beyond limitation [Order attached]

Gujarat AAR – Consultancy Services to R&B Department being unrelated functions under Eleventh and Twelfth Schedules of the Constitution is not exempt from GST [Order attached]

GST – Telangana High Court: Multiple or overlapping assessment orders for same tax period is invalid; SOP notified for rectification under Section 161 TGST Act [Order attached]

GST – Allahabad High Court: Lien on bank account invalid as best judgment assessment stood withdrawn after timely filing of returns and payment of dues [Order attached]

GST - Bombay High Court: GST levy on ocean freight being unconstitutional, interest allowed from the date of payment of tax [Order attached]

Delhi VAT – Supreme Court: Bona fide purchasing dealer entitled to ITC even if selling dealer defaults in tax payment [Order attached]

High Court of J&K: If the reply to SCN is received before passing the order under Section 73(9), the officer must consider it in the interest of justice and fairness [Order attached]

GST - Madras High Court: Notifications levying IGST on ocean freight under reverse charge quashed — reaffirming Mohit Minerals ruling [Order attached]

Delhi High Court – GST demand based on total turnover held unsustainable; Pre-deposit to be restricted to tax on disputed classification of combo battery packs [Order attached]

GST – Bombay High Court: Transfer of CGST credit to transferee entity allowed irrespective of intra State or inter State supply [Order attached]

GST – Allahabad High Court: Expiry of e-way bill due to vehicle breakdown is not tax evasion; Seizure and penalty quashed [Order attached]

GST – Allahabad High Court: Since goods and invoices were genuine and ownership undisputed, penalty limited to tax payable under Section 129(1)(a), not double under 129(1)(b) [Order attached]

GST - Allahabad High Court – DGCA-approved flight training courses are exempt from GST [Order attached]

GST – Gujarat High Court: Recovery (including interest) must be preceded by an intimation in Form GST DRC-01D, advisory or demand letters are not valid recovery notices [Order attached]

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