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Tag: ITC

GST ArticleHigh Court

IGST refund claim cannot be withheld when ITC towards purchase from risky supplier had already been reversed

byCA Bimal Jain09/02/202309/02/2023

The Revenue Department cannot withheld the refund on the grounds that the assessee had been marked as “risky exporters”, when the assessee has not been prosecuted under the Central Goods and Service Tax Act, 2017

GST in Media

Maharashtra: Contractor arrested by GST department in Rs.15 crore ITC fraud

byAdmin07/02/202307/02/2023

The Maharashtra Goods & Services Tax (GST) department on Saturday arrested a contractor for availing input tax credit (ITC) by…

GST ArticleHigh Court

Credit of unadjusted TDS under VAT can be transitioned into GST regime

byCA Bimal Jain05/02/202305/02/2023

Whether the Petitioner is entitled to migrate and transition the TDS amount as ‘a credit of the amount of VAT’ in GST regime in its ECL? Jharkhand High Court held that the assessee is entitled for migration of the TDS amount in terms of Section 140(1) of the Central Goods and Services Tax Act, 2017.

GST ArticleHigh Court

Alternative remedy against order not applicable when SCN is issued in violation of principles of natural justice

byCA Bimal Jain03/02/202303/02/2023

The Hon’ble Jharkhand High Court in Santosh Kumar Roy v. the State of Jharkhand & Ors. [W.P.(T) No. 4782 of…

GST ArticleHigh Court

Ex-parte assessment order passed in violation of the principles of natural justice entails civil consequences

byCA Bimal Jain30/01/202330/01/2023

The Hon’ble Patna High Court in M/s Balram Singh v. Union of India & Ors. [Civil Writ Jurisdiction Case No.…

GST ArticleHigh Court

Opportunity of hearing to be granted before denying ITC where sufficient documents are available to show genuineness of the transactions

byCA Bimal Jain28/01/202328/01/2023

The Hon’ble Calcutta High Court in Vishal Kumar Arya v. Assistant Commissioner, State Tax, Ultadanga Charge & Ors. [M.A.T. No.2004…

GST ArticleSupreme Court

Bail Condition to deposit INR 70 Lakhs for alleged wrongful availment of ITC is not sustainable

byCA Bimal Jain27/01/202328/01/2023

The Hon’ble Supreme Court in the matter of Subhash Chouhan v. Union of India [Criminal Appeal No. 186 /2023 dated…

GST ArticleHigh Court

Bail granted for alleged availment/ passing of fake ITC to avoid prolonged detention beyond the statutory period

byCA Bimal Jain25/01/202325/01/2023

The Hon’ble Rajasthan High Court in the case of Gaurav Kakkar v. Directorate General of GST Intelligence, Jaipur Zonal Unit…

Budget 2023

Government may restrict Input Tax Credit on CSR expenditure in the upcoming Budget 2023-24

byAdmin25/01/202325/01/2023

The government is likely to introduce amendments to Goods and Services Tax (GST) law through the Finance Bill, 2023, denying…

GST ArticleHigh Court

Assessee cannot claim supplementary refund based on fresh calculation, after the original refund application has already been processed

byCA Bimal Jain24/01/202324/01/2023

The Hon’ble Odisha High Court in the matter of Vedanta Ltd. v. Union of India [W.P.(C) No. 33278 of 2020…

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