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Tag: Karnataka HC

ArticleGST Article

Time-limit for filing waiver application of interest and penalty under Section 128A is directory, not mandatory

byCA Bimal Jain24/06/202624/06/2026

The Hon’ble Karnataka High Court in the case of Sri Laxmi Borewell Agencies held that the time-limit prescribed for filing an application under Section 128A of the CGST Act for waiver of interest/penalty is directory and not mandatory

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

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..

ArticleGST Article

Ex-parte assessment order passed without granting sufficient time to reply to SCN is liable to be quashed

byCA Bimal Jain13/06/202613/06/2026

The Hon’ble Karnataka High Court in M/s Leadingly Trading LLP quashed the ex-parte assessment order passed under Section 73 of the CGST Act for the period April 2021 to March 2022, on the ground that out of three notices allegedly issued by the Revenue, the

ArticleGST Article

Two-Year Limitation for filing refund application in GST is Mandatory; Delay Condonable Only via Article 226 Subject to Statutory Safeguards

byCA Bimal Jain31/05/202631/05/2026

The Hon’ble Karnataka High Court in the case of Assistant Commissioner of Central Taxes & Ors. held that the two-year limitation period under Section 54 of the CGST Act

ArticleGST Article

Audit Officer Cannot pass Assessment Order

byCA Bimal Jain22/05/202622/05/2026

The Hon’ble Karnataka High Court in M/s. Sumukha Ventures v. Joint Commissioner of Commercial Taxes (Admn.) [W.P. No. 7772 of 2026 dated April 24, 2026] set aside the Order-in-Original passed by the Deputy Commissioner of Commercial Taxes (Audit) and remanded the matter back, holding that the issue ..

ArticleGST Article

No liability of TCS in GST on e-commerce operator not collecting consideration

byCA Bimal Jain11/05/202611/05/2026

The Hon’ble Karnataka High Court in the case of Hiveloop Technology Private Limited held that an e-commerce operator who does not collect consideration for supplies made through its platform is not liable to collect TCS under Section 52, and consequently, invocation of Section 74 against such operator is without jurisdiction.

ArticleGST Article

GST Show Cause Notices Can Cover Multiple Financial Years — No Statutory Bar Under Sections 73/74 of the GST Act: Karnataka HC

byCA Bimal Jain04/05/202604/05/2026

The Hon’ble Karnataka High Court (Division Bench) in The Commissioner of Central Tax allowed the intra-court appeals filed by the Revenue, setting aside the orders of the learned Single Judge ..

ArticleGST Article

Cross-Charge Mechanism Valid for Distribution of Common ITC Prior to April 01, 2025

byCA Bimal Jain13/04/202613/04/2026

The Hon’ble Karnataka High Court in the case of M/s. Micro Labs Limited held that distribution of common ITC through cross-charge mechanism by raising invoices under Section 31 of the CGST Act is permissible, and any order passed in disregard of the CBIC’s Circular No. 199/11/2023-GST dated July 17, 2023 is illegal, arbitrary, and without jurisdiction.

ArticleGST Article

Karnataka High Court Quashes IGST Demand on Expat Salaries

byCA Hunny Munjal25/02/202625/02/2026

In a significant relief to multinational companies operating in India, the Karnataka High Court has quashed the GST demand on salaries paid to expatriate employees, holding that:

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