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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]
Rajasthan High Court: Order against a non-existent company post-amalgamation is void, and its GST registration is deemed cancelled upon merger intimation [Order attached]
Kerala High Court: Under amended GST law, goods detained for confiscation under Section 130 cannot be provisionally released by paying fine in lieu of confiscation; Release is permissible only after a final confiscation...
GST - Orissa High Court: Refund of tax paid twice (by cash ledger as well as credit ledger) under a mistake cannot be denied on limitation-retention of such amount violates Article 265 of the Constitution [Order attached...
Gauhati High Court: SCN for FY 2020–21, issued on 29.11.2024 (annual return due date: 28.02.2022), is valid and within limitation, having satisfied the “minimum three months prior” requirement under Section 73 [Order att...
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