Category: GST Law

Archive for the ‘GST Law’ Category


PCIT v. Backbone Projects Ltd. (2023) 457 ITR 50 /295 Taxman 54 (Guj.)(HC)

S. 153A : Assessment-Search-Industrial undertakings-Original assessment completed-No incriminating material was found-Disallowance of deduction under section 80IA is not valid. [S. 80IA(4), 132, 260A]

Ascendas IT Park (Pune ) Pvt Ltd v .State of Maharashtra and Ors (Bom)( HC) www.itatonline .org .

Goods and Service Tax, Act , 2017
Website – Maharashtra Sales Tax Tribunal – Court directed the State Government to take required steps expeditiously on or before 31st “December .2023 – The matter is kept hearing of further progress on 28 th November , 2023 .

Railsys Engineers Pvt Ltd v. Add.CIT ( 2022) ( 65) G.S.T.L. 159 ( Delhi)( HC)

Central Goods and Service Tax Act, 2007

S. 169: Service of notice in certain circumstances – Show cause notice and consequential orders – Required to be signed by concerned officer and same had to be affixed with digital signature if they were up loaded on GST portal .[ Art , 226 ]

Godavari Commodities Ltd v. State of Jharkhand ( 2022) (65) G.S.T.L. 194 ( Jharkhand )(HC)

S. 74 : Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed , or utilised by reason of fraud or any wilful – misstatement or suppression of facts – Adjudication – Natural justice – Adjudication – Show cause notice – Recovery – Strictures against department – Commissioner of Sate Tax directed to issue appropriate guidelines /circular / notification elaborating the procedure for issuance of show cause notice , adjudicating and recovery proceedings . [ S. 73(5), 74(1), 74(5) , Art , 226 ]

Atlas Pvc Pipes Ltd v. State of Odhisha (2022) (65) G.S.T.L.45O (Orisa)(HC)

Central Goods and Service Tax Act , 2017 .

S. 107 : Appeals to Appellate Authority – Certified copy of assessment order – Non submission of certified copy of assessment order while filing the appeal – Technical defect – Writ is allowed- Appellate Authority was directed to dispose of the appeal with reasoned order in accordance with law [ Odisha Goods and Service tax Act, 2017 , S. 107, Limitation Act , 1963 , S .5 , Art , 226 ]

Travancore Mats & Mattings Pvt Ltd (2022) (65) G.S.T.L. 35( Mad)( HC)

Central Goods and Service Tax Act , 2017 .

S. 16: Input tax credit – Eligibility and conditions for taking input tax credit – Scrutiny of returns – Conversion of partnership firm into Private Limited company – ITC claim made to jurisdictional GST officer in another State should not be rejected due to change in GSTIN as a result of change of partnership in to private limited Company [ S.61, Art , 226 ]

Jose Joseph v. Asst. Commr. of Central Tax (2022) (62) G.S.T.L 464 ( Ker)(HC)

Central Goods and Service Tax Act, 2017

S. 107: Appeals to Appellate Authority – Powers of Revisional Authority – Limitation – Electronic filing of appeals – Orders received physically -Orders were not uploaded – Limitation period would start when order is uploaded on GST portal and not when order is received physically [ S. 108 Art, 226 ]

Lakshmi Sowjanya Enterprises v. ACIT( 2022) (64) G.S.T.L. 158( AP)(HC)

Central Goods and Service Tax Act, 2017

S.79:Recovery of tax – Order passed relying on material which was supplied to violates principle of natural justice – Matter remanded back for fresh adjudication after furnishing material relied upon and after giving an opportunity of personal hearing to the petitioner .[ Art, 226 ]

Rafik Alibhai Makvana v . State of Gujarat (2022) (59) G.S.T.L 3 (Guj)(HC)

Central Goods and Service Tax Act , 2007 ( CGST)

S. 29: Cancellation or suspension of registration- Show cause notice – Adjudication order vague – Cancellation of Registration was not sustainable – Stricture against Department – Adjudication order was quashed – Court observed that it was beyond under standing of Court as to why its officers were not ready to understand and improve .[ Art , 226 ]

State of Maharashtra and Ors v. Greatship ( India ) Ltd (SC) www.itatonline .org

Maharashtra Value Added Tax , 2002 (MVAT) –Central Sales Tax Act , 1956 (CST)

S. 23 : Assessment – Order passed without giving an opportunity of personal hearing – High Court quashed the Assessment order – On appeal the Supreme Court held that , when an alternative remedy of filing an appeal is available under the Act , High Court should not have entertained the writ petition – Order of High Court is set aside [S. 23(2), Sales Tax Act , 1856 , S. 9(2), Art , 226, 227 ]