Tag: ITC CREDIT

Order denying ITC u/s 16(2) for non payment of GST by seller quashed by High Court holding that purchasing dealer cannot be left at the mercy of the selling dealer.  Ina recent judgment, Allahabad High Court has quashed order denying ITC u/s 16(2) for non payment of GST …

Allahabad High Court dismissed Patanjali challenge to GST penalty of more than 273 crores on charges of indulging in circular trading of paper tax invoices without actual supply of goods.  In a recent judgment, Allahabad High Court dismissed the challenge of Patanjali to GST penalty of more than …

If seller is registered with GST department at the time of the transaction, no adverse inference can be drawn against the purchaser if the GST Registration of the seller is cancelled from a further date. In a recent judgment, Hon’ble Allahabad High Court has held that once the …

CBIC clarifies various doubts related to Section 128A of the CGST Act, 2017 relating to waiver of interest or penalty or both in respect of demands under section 73 CBIC has issued Circular No. 238/32/2024-GST dated 15th October, 2024 to clarify various doubts regarding newly inserted section 128A …

CBCI clarifies issues on eligibility and conditions for taking input tax credit u/s 16(5) and 16(6) of CGST Act 2017  As per sub-section (5) and sub-section (6) of section 16 of the Central Goods & Services Tax Act, 2017 (the “CGST Act”) inserted in section 16 of the …

Building can also be treated as a plant u/s 17(5)(d) of CGST Act 2017 for giving benefit of ITC – SC remands case to High Court to decide whether the shopping mall is a “plant” In a recent judgment, the Hon’ble Supreme Court has held that a building …

GST Proceedings u/s 73 if finalized cannot be reopened u/s 74 except the case of fraud or wilful mis-statement or suppression of facts to evade tax.  In a recent judgment, the Hon’ble Allahabad High Court has held that if the proceedings under Section 73 of the CSGT Act …

Adjustment of ITC appearing in second GSTN  when two GSTN allotted – Hon’ble High Court directs fresh order to be passed. In a recent judgment, the Hon’ble Allahabad High Court has quashed the GST demand and directed GST authorities to pass a fresh order allowing adjustment of ITC …

ITC denial confirmed by High Court for non production of details of freight charges, delivery receipts, toll receipts to prove actual physical movement of goods. In a recent judgment, the Hon’ble Allahabad High Court confirmed the denial of Input Tax Credit (ITC) where dealer could not produce details …

CBIC clarifies Myths and Facts on strict amendments in GST Laws to prevent frauds  According to CBIC, the notification dated 23.12.2020 has been issued in order to curb the GST fake invoice frauds the Government on the recommendations of the GST Council’s Law Committee. The amendments aim to …