ITC Claimed for FY 2017-18 Is Allowable as Belated Returns Filed Before Section 16(5) Cut-Off ITC Claimed for FY 2017-18 Is Allowable as Belated Returns Filed Before Section 16(5) Cut-Off Issue Whether Input Tax Credit (ITC) for FY 2017-18 can be disallowed as time-barred under Section 16(4) when GSTR-3B returns were filed belatedly prior to… Read More »
Invocation of Section 74 Quashed as Availing Ineligible ITC Without Fraud Proof Does Not Constitute Suppression Issue Whether invoking the extended limitation period under Section 74 based on bald allegations of suppression—without proving contumacious intent or disclosing specific grounds in the SCN—is legally sustainable. Facts Business Activity & Audit: The assessee, a manufacturer of centrifugal… Read More »
Refund of Accumulated ITC Upheld as Toll Receipts Are Unnecessary to Prove Export Transportation Issue Whether accumulated ITC refund on exports can be denied based on toll plaza discrepancies despite valid E-way bills, shipping bills, and Bill-To-Ship-To export documentation. Facts Business Activity: The respondent was engaged in the supply and export of iron/non-alloy steel bars… Read More »
Exceeding Composition Threshold Automatically Lapses Option, but Post-Lapse Tax Must Be Calculated Cum-Tax Issue Whether exceeding the aggregate turnover threshold of ₹1.50 crore automatically terminates the composition scheme option under Section 10(3) from the exact date of the breach. Whether post-lapse supplies made by a composition taxpayer who issued non-GST invoices are entitled to cum-tax… Read More »
Developer Must Pass On Residual ₹14.94 Lakh Anti-Profiteering ITC Benefit With Interest and Penalty Issue Whether a real estate developer is liable under Section 171 of the CGST Act, 2017 to pass on a residual profiteered Input Tax Credit (ITC) amount of ₹14,94,622 along with interest and penalty to 25 homebuyers after making partial pass-through… Read More »
Real Estate Developer Must Pass On Profiteered ITC Benefit of Rs 7.31 Lakh to Homebuyers Issue Whether a real estate developer is obligated under Section 171 of the CGST Act, 2017 to pass on the benefit of additional Input Tax Credit (ITC) accruing after the GST rollout to homebuyers through a commensurate reduction in property… Read More »
No Penalty Under Section 129 for Missing E-Way Bill During Same-GSTIN Stock Transfer Without Tax Liability Issue Whether penalty under Section 129 can be levied for transit without an e-way bill when the movement of goods is an internal stock transfer between premises carrying the same GSTIN with no underlying tax liability. Facts Movement of… Read More »
Developer Must Pass On Rs. 95 Lakhs Profiteered Additional ITC Benefit With Interest To Buyers Issue Whether a developer is liable under Section 171 of the CGST Act to pass on the benefit of additional Input Tax Credit (ITC) accrued during the transition to the GST regime to flat buyers through a commensurate reduction in… Read More »
Delay In Passing MOV-09 Order Beyond Mandatory Seven-Day Period Invalidates Detention Penalty Under Section 129 Issue Whether a penalty order passed under Section 129 in Form MOV-09 after a delay of 47 days from the date of notice is legally valid, especially when e-invoices were generated without any intention to evade tax. Facts Interception &… Read More »
No Anti-Profiteering Holds as Post-GST Input Tax Credit Ratio Declined and No Additional Credit Accrued No Anti-Profiteering Holds as Post-GST Input Tax Credit Ratio Declined and No Additional Credit Accrued Issue Whether the builder-respondent indulged in profiteering under Section 171 of the CGST/MGST Act, 2017, by failing to pass on benefits of additional Input Tax… Read More »