Tag: sec 142 of cgst act

ArticleGST Article

Refund of pre-deposit made partly in cash and partly through ITC  must be granted entirely in cash along with interest

byCA Bimal Jain

The Hon’ble Karnataka High Court in the case of Flipkart India Private Limited held that refund of pre-deposit made under the KVAT regime, whether through cash or by utilization of Input Tax Credit (ITC) balance in the Electronic Credit Ledger, must be paid entirely in cash in terms of Sections 142(7)(b) and 142(8)(b) of the Karnataka GST Act, 2017. The Court ruled that the Revenue, having accepted the pre-deposit through ITC, is estopped from denying a cash refund based on departmental circulars, and directed the refund with interest from the date of deposit till the date of payment.​

GST ArticlePre-GST

Tax liability can be paid in monthly installments

byCA Bimal Jain

The Hon’ble Madras High Court in the case of M/s Ohm Srinivasa Paper Boards (P.) Ltd. directed the Assessee to pay balance amount for the past period in 12 monthly installments from August 01, 2024 to July 01, 2025, considering the accumulated losses and partial payment is already made, where the Assessee failed to discharge the liability as per law under Section 142 of the CGST Act. Hence, the writ petition was disposed of.

GST ArticleHigh Court

Issuance of attachment order under the provisions of the Customs Act for recovery of Service Tax dues is not valid

byCA Bimal Jain

The Hon’ble Madras High Court in Zest Buildtek Promotors, the Hon’ble High Court quashed the attachment order passed against the Assessee, thereby holding that, the issuance of attachment order under the provisions of the Customs Act for recovery of Service Tax dues is not valid as the same is recoverable under Section 142(8)(a) of the CGST Act read with Section 174 of the CGST Act. Also, the Hon’ble High Court provided an opportunity to file statutory appeal irrespective of limitation period due to the non-availability of the physical order.