Refund eligible on ITC received from Input Service Distributor lying unutilized due to exports : High Court HIGH COURT OF GUJARAT IPCA Laboratories Ltd. v. Commissioner J.B. PARDIWALA AND MS. NISHA M. THAKORE, JJ. SPECIAL CIVIL APPLICATION NO. 638 OF 2021 FEBRUARY 18, 2022 Anandodaya S. Mishra for the Petitioner. Nikunt K. Raval for the Respondent. ORDER J.B. Pardiwala, J.—… Read More »
ITC is blocked on assignment rights of an industrial plot : AAR AUTHORITY FOR ADVANCE RULINGS, GUJARAT J M Chemicals Trade Name Manjuben Rameshchandra Gupta (Legal Name), In re SANJAY SAXENA AND ARUN RICHARD, MEMBER ADVANCE RULING NO. GUJ/GAAR/R/55 OF 2021 (IN APPLICATION NO. ADVANCE RULING/SGST & CGST/2021/AR/29) OCTOBER 18, 2021 Darshan D. Jain, CA for the Applicant.… Read More »
No Penalty even if E-Way Bill Expired : High Court Calcutta High Court Ashok Kumar Sureka Vs Assistant Commissioner WPA No. 11085 of 2021 01/03/2022 Heard learned advocates appearing for the parties. In this writ petition, petitioner has challenged the impugned order of the appellate Commissioner dated March 18, 2021 confirming the original order dated… Read More »
New order on GST Summon , no need to appear personally : High Court Facts of the Case The precise contention of the learned counsel for the petitioner is that while appearing in response to a notice under Section 70 of the Central Goods and Services Tax Act, 2017 (for short the CGST Act), Section… Read More »
New Order on Blocking of ITC u/r 86A of GST I CA Satbir Singh Facts of the case Assistant Commissioner of GST & Central Excise is proposed a demand for recovery of certain sums of money, on the alleged ground of nonpayment of IGST on ocean freight charges; wrong/ excess availment of Input Tax Credit… Read More »
Pre-deposit for GST Appeal should be made from Cash Ledger Only Facts of the Case Ground-1 : GST Commissioner (appeal) rejected the appeal filed by the Petitioner under Section 107 (1) of the GST Act and holding that the appeals filed are defective since the Petitioner herein had made payment of the pre-deposit being… Read More »
Cancellation of GST registration not valid if Show cause notice not issued in prescribed format : High Court The impugned order being order for cancellation of GST Registration dated 30.10.2019 is set aside solely on the ground that SCN which preceded the same has not been issued in the prescribed template i.e., REG-17 under Rule… Read More »
GST Best Judgment Assessement Order set aside if GST returns filed by order of High Court HIGH COURT OF KARNATAKA Associate Decor Ltd. v. Assistant Commissioner of Commercial Taxes, Bengaluru S. SUNIL DUTT YADAV, J. WRIT PETITION NO. 45290 OF 2019 (T-RES) JULY 2, 2021 K.P. Kumar, Sr. Adv., Ajay Rao and Adith Jahgirdar, Advs. for the Petitioner. Hema Kumar AGA for… Read More »
Registration of buyer can not be cancelled if seller committed fraud Facts of the case Proper Officer issued show cause notice that “you have claimed ITC (Input Tax Credit) against fake invoices issued by nonexistent supplier”. Thereafter proper officer cancelled taxpayer registration on the ground that “in case, Registration has been obtained by means… Read More »
Reverse ITC on inputs used in Expired Cakes and Pastries : AAR AUTHORITY FOR ADVANCE RULINGS, GUJARAT Kanayalal Pahilajrai Balwani, In re SANJAY SAXENA AND ARUN RICHARD, MEMBER ADVANCE RULING NO. GUJ/GAAR/R/16/2021 JUNE 30, 2021 Pravin Sahu, CA for the Applicant. RULING A. BRIEF FACTS 1. The applicant M/s. Kanayalal Pahilajrai Balwani, (Sidharth Foods), GSTIN 24AALPB4368H1ZS (hereinafter referred to as… Read More »