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Category: GST Article

Gist of GST Articles

ArticleGST Article

Any restrictive amendment for filling refund claim to be applied prospectively and cannot curtail vested rights

byCA Bimal Jain21/06/202621/06/2026

The Hon’ble Delhi High Court in the case of Kanika Exports held that the relevant date for computing limitation period of two years under Section 54 for refund of unutilised ITC (including exports without payment of tax and inverted duty structure)

ArticleGST Article

Recovery proceedings cannot be initiated when statutory appeal remedy is available and time to file appeal has not expired

byCA Bimal Jain21/06/202621/06/2026

The Hon’ble Bombay High Court in the case of Matrix Cellular (International) Services Pvt. Ltd. held that recovery proceedings cannot be resorted to when the statutory period to file an appeal is still available, as it would render the appellate remedy illusory.

ArticleGST ArticleGSTAT

June 30 deadline for appeals in older GST cases

byCA Bimal Jain18/06/202618/06/2026

GSTAT has fixed June 30 as the deadline for filing appeals against GST orders passed before April 1, 2026, and no appeals will be accepted after the portal closes..

ArticleGST Article

Partners Personally Liable to Penalty u/s 122(1A) of the CGST Act Even for Pre-2021 Transactions

byCA Bimal Jain18/06/202618/06/2026

The Hon’ble Gauhati High Court in Mayank Bansal upheld the imposition of personal penalty on partners of a partnership firm under Section ..

ArticleGST Article

No ITC be denied solely for absence of lorry receipts and e-way bills where supplier was registered and tax stood discharged

byCA Bimal Jain18/06/2026

The Hon’ble Madras High Court in M/s. Akal Trade Links quashed the order passed by the Assistant Commissioner (ST) confirming the demand on the ground of wrongful availment of ITC

ArticleGST Article

COVER NOTE / PREFACE TO CERTIFICATE OF NON-AVAILMENT OF ITC

byRAJAGOPAL K14/06/202614/06/2026

This note is issued as an explanatory preface to the Certificate of Non-Availment of Input Tax Credit (ITC) and Non-requirement of ITC Reversal under Section 34 of the CGST Act, 2017, furnished by the recipient of goods for GST compliance, audit verification, and other statutory or departmental purposes.

ArticleGST Article

ITC on import of goods and SEZ procurements cannot be denied for FY 2018-19 as GSTR 2A did not capture Import data during impugned period

byCA Bimal Jain13/06/202613/06/2026

The Hon’ble Karnataka High Court in Biocon Limited on account of mismatch between ITC claimed in Form GSTR-3B and ITC reflected in Form GSTR-2A, holding that during

ArticleGST Article

Recovery from Legal Heir without Prior Adjudication and Notice is Jurisdictionally Invalid

byCA Bimal Jain13/06/202613/06/2026

The Hon’ble Bombay High Court in the case of Navin Vishwanathan Prop. of M/s. Oriental Facility held that invocation of recovery proceedings under Section 79 of the CGST Act, 2017 against the bank account of a legal heir, without prior adjudication of liability under Section 93 of the CGST Act, 2017 …

Recovery is Valid post adjudication, Without Prior Notice to Dealer
ArticleGST Article

Recovery is Valid post adjudication, Without Prior Notice to Dealer

byCA Bimal Jain13/06/202613/06/2026

The Hon’ble Andhra Pradesh High Court in the case of V.V.S. Enterprises held that once tax liability is crystallized through an assessment order, recovery proceedings under Section 79(1)(c) can be directly initiated ..

ArticleGST Article

GST Exemption on Healthcare Services Available Even When Rendered Through Another Hospital Under Revenue-Sharing Arrangement

byCA Bimal Jain13/06/202613/06/2026

The Hon’ble Karnataka High Court in Healthcare Global Enterprises Ltd. quashed the Show Cause Notices issued under Section 73 of the CGST Act, 2017 seeking to tax the services rendered by the Petitioner under SAC 9985 as “Support Services” at 18% GST, and held that the benefit of exemption under..

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