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Category: GST Article

Gist of GST Articles

ArticleGST Article

Is furnishing of GSTR-3B by the supplier, rather than payment of tax, the real test for ITC reversal under Section 41?

byAdmin21/08/202621/08/2026

Beyond Section 16(2)(c), Section 41 read with Rule 37A and GSTR-2B raises a critical question: What exactly is the recipient required to verify?

ArticleGST Article

Assessee entitled to fresh opportunity of hearing where adjudicating authority ignored reply filed to DRC-01A intimation

byCA Bimal Jain21/08/202621/08/2026

The Hon’ble Karnataka High Court in the case of M/s K.K. Steel Traders disposed of the writ petition filed against the ex parte adjudication order passed under Section 74 of the Central Goods and Services Tax Act, 2017

ArticleGST Article

Typographical Error in the SCN Cannot Be a Shield for the Assessee Who Participated in the Proceedings Without Raising Any Objection

byCA Bimal Jain19/08/202619/08/2026

The Hon’ble Gujarat High Court in the case of M/s Shivani Enterprise Proprietor Vibhor Shivkumar Vaid dismissed the writ petition challenging the Show Cause Notice and the consequent Order-in-Original imposing penalties for alleged fraudulent availment of ITC from a non-existent supplier

ArticleGST Article

Penalty on partners under Section 122(1A) of the CGST Act upheld where complicity in fake invoicing and hawala-linked ITC fraud stands established

byCA Bimal Jain18/08/202618/08/2026

The Hon’ble Gujarat High Court in Manoj Ramkishan Agrawal & Anr. dismissed the writ petition filed by the partners of a partnership firm challenging the Order-in-Original imposing penalties upon them under Section 122(1A) and Section 122(3) of the CGST Act,

ArticleGST ArticleGSTAT

GSTAT-No Appeal due to monetary limits by Department-But what about a Cross-Objection?

byCA Dr Arpit Haldia16/08/202616/08/2026

Once a cross-objection is treated as an appeal, the restrictions applicable to appeals should logically apply to it as well.

ArticleGST Article

Can GST be levied on charges for sanctioning a Building Plan?

bySHAILESH P. SHETH16/08/202616/08/2026

Karnataka High Court has delivered an important ruling on the legality of various charges demanded by the Bangalore Development Authority (BDA) for sanctioning a building plan.

ArticleGST Article

Article 136, Article 141, and the Doctrine of Merger: A Question of Jurisdiction

byCA Dr Arpit Haldia16/08/202616/08/2026

Sharing a short presentation on the principle explained by the Supreme Court in Kunhayammed v. State of Kerala. The decision offers a nuanced exposition of the Doctrine of Merger, Article 136 and Article 141. It lays down that

ArticleGST Article

Penalty Cannot Be Confirmed Beyond What is Specified in Statutory Form GST DRC-01

byCA Bimal Jain14/08/202614/08/2026

The Hon’ble High Court of Judicature at Allahabad in the case of Comfort Battery vs Additional Commissioner Central Goods and Services Tax [Writ Tax No. 2097 of 2026, order dated April 22, 2026] held that penalty demand cannot be confirmed…

ArticleGST Article

Education Consultancy Services to Foreign Universities Not Intermediary Services; Refund of IGST on Export of Services Allowed

byCA Bimal Jain14/08/202614/08/2026

The Hon’ble Delhi High Court in the case of Fateh Education Consulting Private Limited v. Assistant Commissioner & Ors [W.P.(C) 17500/2025 order dated May 08, 2026] held that education consultancy/marketing and recruitment support services rendered by an Indian entity to…

ArticleGST Article

Non-Supply of Field Visit Report Vitiates Rejection of Revocation Application

byCA Bimal Jain14/08/202614/08/2026

The Hon’ble Calcutta High Court in the case of Scorp Industries & Anr. held that where cancellation of GST registration was founded upon a field visit report, such report ought to have been supplied to the taxpayer before rejection of the application for revocation under Section 30 of the CGST/WBGST Act.

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