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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...

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Gujarat High Court: Partial transfer of ITC on amalgamation permissible; refund of unutilised ITC cannot be denied merely because entire credit was not transferred [Order attached]

GST – Gujarat High Court: Refund of IGST paid on ocean freight under reverse charge cannot be denied on grounds of limitation or any technical reason post case of Mohit Minerals; appellate directions quashed [Order attac...

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]

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