GST Judgements
Refund of ITC on account of IDS allowed where goods supplied under concessional rate notification
Bimal Jain 19 September 2022 at 17:02
The Hon'ble Telangana High Court in Micro Systems and Services v. Union of India and 5 others [Writ Petition No.37465 of 2021 dated September 5, 2022] remanded back the matter to the assessing authority for reconsidering the refund claimed by the ass
Quashed the detention order passed by non-jurisdictional authority
Bimal Jain 19 September 2022 at 13:33
The Hon'ble Madras High Court in M/S Macmet Engineering Limited v. State Tax Officer (Intelligence) [W.P. Nos.19395 to 19399 of 2022 and W.P.M Nos. 14157 & 14159, 14158 & 14161, 14163 & 14167, 14160 & 14162, and 14164 & 14166 of 2022 dated September
Expiration of e-way bill and minor negligence will not amount to tax evasion
Bimal Jain 12 September 2022 at 16:23
The Hon'ble Madhya Pradesh High Court in M/S Daya Shanker Singh v. State of Madhya Pradesh [Writ Petition No. 12324 of 2022, dated August 10, 2022] directed the assessing authority to refund back the penalty charged from the assessee because of the m
Amusement Park rides cannot be classified as Motor Vehicle, will attract GST @18%
Bimal Jain 07 September 2022 at 09:38
The AAR, Karnataka in the matter of M/s KNK Karts (P) Ltd [Advance Ruling No. KAR ADRG 20/2022 dated August 12,2022] has held that the amusement park ride karts ("the Product") cannot be classified as Motor Vehicle and will attract GST @ 18% under HS
The CESTAT, Mumbai in the matter of M/s Oil States Industries India Pvt. Ltd v. Commissioner of CGST & Central Excise, Raigad [FINAL ORDER NO. A/85680 / 2022 dated August 5, 2022] has held that the assessee is entitled to get cash refund, if any, aga
Ex-parte Order are violative of principles of natural justice
Bimal Jain 27 August 2022 at 16:29
The Hon'ble High Court, Patna in the matter ofM/s G. Power Solution v. State of Bihar [Civil Writ Jurisdiction Case No. 11384 of 2022 dated August 17, 2022]set aside the order passed by the revenue department for denying Input Tax Credit ("ITC"), rai
Provisionally attachment cannot extend after One Year: Delhi HC
Bimal Jain 25 August 2022 at 09:51
The Hon'ble High Court, Delhi in the matter of M/s SH. NITIN SINGHANIA v. COMMISSIONER OF CENTRAL TAX GST, DELHI (EAST)[W.P.(C) 10389/2022 & CM No.29962/2022 dated July 29, 2022] set aside the order passed by the department in order to attach the ba
The Hon'ble High Court, New Delhi in the matter of [Railsys Engineers Private Limited & Anr v. The Additional Commissioner of Central Goods and Services Tax [W.P.(C) 4712/2022 dated July 21,2022] sets aside order cancelling Goods and Services Tax ("G
No ITC on invoices raised for the past period as hit by Period of Limitation
Bimal Jain 23 August 2022 at 09:34
The AAR, Andhra Pradesh, in the matter of M/s. Vishnu Chemicals Limited, [AAR No.21lAP/GST/2021 dated July 20, 2021] has held that no Input Tax Credit ("ITC") on monthly rental tax invoices raised after the expiry of the period of limitation.
SC direction to Open GSTN portal available to any aggrieved assessee
Bimal Jain 23 August 2022 at 09:34
The Hon'ble Madras High Court in M/s Proventus Life Sciences Pvt. Ltd,v. Revenue Department [W.P.No.7423 of 2019 & W.M.P.No.8093 of 2019 dated July 28, 2022] has clarified that the benefit of the Supreme Court decision directing the Government to ope
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