Retrospective Cancellation of GST Registration Does Not Bar Audit of Earlier Records Under Section 65: Delhi High Court

Delhi High Court rules that retrospective GST registration cancellation does not prevent departmental audit under Section 65 of the CGST Act, including examination of earlier records. Introduction The cancellation of GST registration with retrospective effect does not automatically deprive the …

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Gauhati High Court Stays GST Penalty Proceedings Against Individual Partner Over Alleged Wrongful ITC Claim of ₹16.21 Crore

The Gauhati High Court stayed GST penalty proceedings against an individual partner over alleged wrongful ITC claims of ₹16.21 crore by a partnership firm, raising important questions on partner liability under Section 122(1)(A) of the CGST Act. Case Reference: Shri …

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Allahabad High Court Dismisses PIL Challenging 18% GST on Online Legal Research Services: Key Observations in Aniket Gupta Case

The Allahabad High Court has dismissed a Public Interest Litigation (PIL) challenging the levy of 18% GST on subscriptions to online legal research and legal education databases. However, the Court did not examine the constitutional validity or substantive reasonableness of …

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Failure to Issue GST DRC-04 Acknowledgement Makes Tax Proceedings Unsustainable: Madras High Court Orders Refund to Taxpayer

Madras High Court rules that failure to issue GST DRC-04 acknowledgement under Rule 142(2) can render GST proceedings unsustainable, sets aside assessment orders and directs refund of tax collected. Introduction The Madras High Court has reiterated the importance of following …

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Madras High Court: GST Liabilities Do Not Automatically Disappear When a Company Is Sold as a Going Concern During Liquidation

The Madras High Court held that GST liabilities do not automatically extinguish when a corporate debtor is sold as a going concern during liquidation. Read the judgment, legal principles and implications for buyers. Introduction The Madras High Court has clarified …

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GSTAT Chandigarh Allows Deltron to Claim ₹2.90 Lakh Transitional ITC on Imported Capital Goods

GSTAT Chandigarh allows Deltron ₹2.90 lakh transitional ITC on imported capital goods received after GST implementation but rejects ₹6.99 lakh export-related credit. The Goods and Services Tax Appellate Tribunal (GSTAT), Chandigarh, has partly allowed a transitional Input Tax Credit (ITC) …

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Thiruvananthapuram GSTAT Allows ₹19.79 Lakh IGST Refund to Cashew Exporter for Duplicate Tax Payment

Thiruvananthapuram GSTAT allows a ₹19.79 lakh IGST refund to Associated Cashews, ruling that a genuine clerical error cannot justify denial of excess tax refund. Introduction In a significant ruling concerning GST refunds and errors in return filing, the Thiruvananthapuram Bench …

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