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No Digital/Physical SignatureYet ‘Valid’ as Telangana HC Full Bench Upholds Portal Authenticated GST Notices and Orders

The Hon’ble Telangana High Court (Full Bench) in Gudla Vanaja and Ors. answered the reference against the assessees and rejected the challenge to the Show Cause Notices and adjudication orders uploaded on the common portal without a visible physical or digital signature, and held that the presence of a digital signature on the Forms is not a requirement for documents covered under Chapter XVIII of the Central Goods and Services Tax Rules, 2017

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Annuity for Building a Road is Not Annuity for Access to a Road – GST on Annuity Payments under Concession Agreement Upheld

The Hon’ble Rajasthan High Court, Jodhpur Bench in M/s NagaurMukundgarh Highways Pvt. Ltd. held that annuity payments received by a concessionaire under a concession agreement for design, construction, operation and maintenance of a road are consideration for “works contract services” are not exempt under Entry 23A of Notification No. 12/2017-Central Tax (Rate) dated June 28, 2017.

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Landmark judgment on Section 16(2)(c) of the CGST Act holds the provision valid but ITC of a genuine buyer cannot be reversed mechanically for default of the supplier

The Hon’ble Punjab and Haryana High Court in Shaurya Alloys Pvt. Ltd. disposed of a batch of 424 writ petitions challenging the vires of Section 16(2)(c) of the CGST Act and upheld the constitutional validity of the provision, but held that Section 16(2)(c) read with Section 155 of the CGST Act cannot be construed as a standalone provision so as to mechanically saddle the purchasing dealer with reversal of Input Tax Credit (“ITC”) merely because the supplier has failed to deposit the tax or its registration has been cancelled retrospectively.

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Delhi HC extends Section 14 Limitation benefit for claiming construction ITC of past period post Safari Retreats

The Hon’ble Delhi High Court in Riveria Commercial Developers Limited disposed of a batch of writ petitions challenging the constitutional validity of clauses (c) and (d) of Section 17(5) of the CGST Act”, thereby granting liberty to the Assessees to file appropriate applications before the Adjudicating Authority for availing ITC pertaining to the past peri