ArticleGST Article

No Recovery on mismatch of GSTR-1 & 3B, as Self-Assessed Tax under Section 75(12) of the CGST Act

The Hon’ble Gauhati High Court (Kohima Bench) in M/s ITI Ltd. v. Union of India & Ors. [WP(C)/150/2024 dated March 20, 2026] set aside the order dated April 30, 2024 passed by the Assistant Commissioner, Central Goods and Services Tax (CGST), Dimapur Division under Section 73 of the Central Goods and Services Tax Act, 2017 (“the CGST Act”) for Financial Year 2018–19 on two grounds: ..

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Does claiming depreciation on a portion of the tax component bar under the GST law

The Hon’ble Kerala High Court, in the case of M/s South Indian Bank Ltd. examined the prevalent connection between Input Tax Credit (ITC) and Income Tax depreciation, particularly considering the case of banking industries, Financial Companies, Non-Banking Financial Companies (NBFCs). The Court addressed this issue in the specific context of banking companies, financial institutions, and NBFCs, and held that claiming depreciation on the unavailed portion of the tax credit  does not disentitle the assessee from claiming ITC on the remaining portion, where no depreciation has been claimed.

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Confirmation of Reversal of Input Tax Credit (ITC) in respect of Credit Notes issued

Section 34 of CGST Act, 2017 requires the recipient to reverse the Input tax credit already taken basis the credit note issued by the supplier so that the supplier can reduce his output tax liability. CBIC has issued Circular no. 212/06/2024 dated 26.06.2024 providing mechanism for evidencing the compliance of condition of section 15(3)(b)(ii) of CGST Act, 2017.

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SC: Prolonged Pre-Trial Custody and Likely Delay in Trial Justify Grant of Bail Even in Serious Fake-ITC Allegations

The Hon’ble Supreme Court of India in the case of Amit Mehra v. Union of India [Special Leave to Appeal (Crl.) No.20996/2025, order dated January 12, 2026] held that notwithstanding the gravity of the alleged offence relating to fake input tax credit, the petitioner was entitled to regular bail considering prolonged judicial custody, non-commencement of trial, absence of charge-framing, the offences being triable by a Magistrate, and the maximum punishment being up to five years, and accordingly set aside the order of the Punjab & Haryana High Court declining bail.