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Court modifies GST cancellation order, registration cancelled from last return …
The petitioner challenged the order cancelling their GST registration retrospectively from November 2017, as well as the preceding show cause notice. The court found issues with the lack of reasoning and opportunity to object to the retrospective ca…
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Court quashes GST cancellation order, cites lack of reasons and opportunity to …
This case involves a dispute over the retrospective cancellation of a taxpayer's GST registration by the tax authorities. The petitioner challenged the show cause notice and the order canceling their GST registration retrospectively from July 2017. …
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Court modifies GST cancellation order, allows prospective cancellation from sho…
This case involves a dispute over the retrospective cancellation of a taxpayer's GST registration by the tax authorities. The petitioner challenged the order canceling their GST registration retrospectively from July 2017, despite receiving a show c…
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Court modifies GST cancellation order, allows prospective cancellation from app…
This case involves a dispute over the retrospective cancellation of a taxpayer’s GST registration by the tax authorities. The petitioner challenged the order canceling their GST registration retrospectively from July 2017, despite having applied for…
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Court restores GST registration of garment manufacturer, sets aside cancellatio…
The court set aside the order cancelling the petitioner's GST registration with retrospective effect from 03.12.2021. The petitioner, a garment manufacturer, had applied for a change in registered business address, but the application was rejected d…
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Comprehensive Guide to Refund Claims under GST
The Goods and Services Tax (GST) regime has introduced a complex set of rules and procedures for claiming refunds across various categories. This comprehensive guide delves into the nuances of refund computation, eligibility criteria, and the intric…
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Exporters' Boon or Bane? Navigating Rule 96(10)'s Complexities
A pivotal rule governing IGST refunds for exporters, Rule 96(10) of the CGST Rules has undergone numerous amendments, creating a labyrinth of conditions and exceptions. This intricate rule aims to strike a balance between facilitating exports and pr…
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The 2-year limit for a GST refund claim u/s 54 starts from the date you submit …
The Gujarat High Court allowed a GST refund claim filed by a company, overruling the tax department’s rejection of the claim as time-barred. The court held that the date of filing the refund application on the GST portal should be considered as the …
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Once a GST Refund application complete as per rule 89(2) is filed, the limitati…
The case involves the National Internet Exchange of India (petitioner) challenging the rejection of its claim for refund of Integrated Goods and Services Tax (IGST) in respect of zero-rated supplies. The rejection was based on the ground that the pe…
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GST refund formula in Rule 89(5) of CGST Rules is absolutely legal, Supreme Cou…
This case revolves around the validity of Rule 89(5) of the Central Goods and Services Tax (CGST) Rules, which prescribes a formula for calculating the refund of unutilized input tax credit (ITC) on input services. The Supreme Court upheld the valid…
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Refund of GST on export of services allowed despite payment being received in I…
The petitioner, an exporter of services, received payments from foreign clients through an intermediary Paypal in Indian rupees after Paypal received the amounts in convertible foreign exchange. The tax authorities denied refund of GST paid on such…
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GST Officer Caught Accepting Bribe of Rs. 1L by ACB for ITC Processing.
In a shocking turn of events, the Anti-Corruption Bureau (ACB) in Srikakulam district has arrested a Goods and Services Tax (GST) officer for accepting a bribe of Rs. 1 lakh from a cashew trader. The trader had sought assistance from the GST officer…
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Exporter entitled to IGST refund despite availing higher drawback rate; circula…
Goods & Services Tax,Mar. 02, 2021The case involved an exporter, M/s Amit Cotton Industries, who had exported goods and paid Integrated Goods and Services Tax (IGST). They claimed a refund of the IGST paid but were denied by the customs authorities because they had availed a higher drawback rate. The High Court of Gujarat ruled in favor of the exporter, stating that availing a higher drawback rate was not a valid ground to withhold the IGST refund, and a circular issued by the gove…
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Gujarat HC rules - denying refund of unutilized input tax credit on input servi…
Goods & Services Tax,Apr. 25, 2024The case revolves around several petitioners, including VKC Footsteps India Pvt. Ltd., who challenged the validity of Rule 89(5) of the Central Goods and Services Tax (CGST) Rules, 2017, which denied refund of unutilized input tax credit on input services in cases of inverted duty structure. The Gujarat High Court ruled in favor of the petitioners, holding that the restriction imposed by the Rule is ultra vires (beyond the scope) of Section 54(3) o…
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Delhi High Court acquits Assistant Commissioner of Sales Tax in bribery case, c…
Goods & Services Tax,Mar. 03, 2021The Delhi High Court overturned the conviction of P.C. Mishra, an Assistant Commissioner of the Sales Tax Department, who was accused of demanding a bribe of Rs. 4,000 from a complainant, Gulshan Sikri, for favoring him in a pending appeal. The court found that the prosecution failed to prove the demand, acceptance, or recovery of the bribe from Mishra beyond a reasonable doubt.
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50 FAQ on Deemed Exports under GST
Goods & Services Tax,Apr. 11, 2024Deemed exports refer to the supply of goods manufactured in India that are treated as exports under GST, even though the goods do not physically leave the country. These supplies are notified by the government and must meet certain conditions, such as payment in Indian rupees or convertible foreign exchange. While deemed exports are not automatically zero-rated, suppliers can claim a refund of the GST paid on these supplies. The concept aims to pro…
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Corruption Exposed: CGST Officer Caught in Bribery Trap
Goods & Services Tax,Mar. 08, 2024In a shocking turn of events, the Central Bureau of Investigation (CBI) has arrested a Central Goods and Services Tax (CGST) Inspector from Jaipur, along with two private individuals acting as middlemen. The trio stands accused of demanding and accepting a bribe of Rs. 10 lakh to resolve a pending matter within the CGST department. This case highlights the pervasive issue of corruption within government agencies and underscores the need for stringe…
You can request a REFUND of accumulated ITC in cases where input tax rate is hi…
The Kerala High Court ruled in favor of Malabar Fuel Corporation, allowing them to claim a refund of accumulated input tax credit (ITC) under Section 54(3)(ii) of the Central Goods and Services Tax (CGST) Act. The court held that a refund cannot be denied solely because the input and output supplies are the same, as long as the input tax rate is higher than the output tax rate.
Goods & Services Tax,Apr. 11, 2024-
The revenue authorities cannot take advantage of their own mistakes and deny in…
Goods & Services Tax,Apr. 25, 2024The case revolves around a registered dealer, M/s Alok Traders, who sought interest on a delayed refund of the amount deposited for the release of goods under Section 129 of the CGST Act, 2017. The Allahabad High Court ruled in favor of the assessee, directing the revenue authorities to pay interest for the period from September 9, 2018, to March 31, 2022, at the rate notified under Section 56 of the CGST Act.
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Court upholds GST on intermediary services provided by Indian agents to foreign…
Goods & Services Tax,Feb. 20, 2021The Gujarat High Court dismissed a petition challenging the constitutional validity of Section 13(8)(b) of the Integrated Goods and Services Tax (IGST) Act, 2017. The petitioner, an association of recycling industries, argued that the provision, which treats the location of the service provider as the place of supply for intermediary services, is unconstitutional and ultra vires. However, the court upheld the provision, stating that it is within th…
Court allows refund claim filed electronically within time, overriding circular…
Goods & Services Tax,Apr. 25, 2024The case involved a company, M/s Chromotolab and Biotech Solutions, that filed a refund claim electronically on the common portal within the prescribed time limit. However, the tax authorities rejected the claim as time-barred because the physical submission of the application and documents happened after the due date, as per a circular. The High Court of Gujarat ruled in favor of the company, directing the authorities to re-credit the refund amoun…
Exporter allowed to claim GST refund for tax periods across two financial years…
The Delhi High Court ruled in favor of an exporter, M/s. Pitambra Books (P.) Ltd., allowing them to claim a GST refund for tax periods spanning two financial years. The court quashed a circular issued by the Central Board of Indirect Taxes and Customs (CBIC) that restricted refund claims to a single financial year, calling the restriction arbitrary and contrary to the GST law.
Goods & Services Tax,Feb. 25, 2021-
Goods & Services Tax , Mar. 26. 2024Pre and post-examination services to universities exempted from GST, AAR rules.
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Goods & Services Tax , Mar. 26. 2024Advance Ruling: Vocational Training Courses recognized by NCVT or SCVT are exem…
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Goods & Services Tax , Mar. 26. 2024Services related to conducting exams by educational boards/councils exempted fr…
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Goods & Services Tax , Mar. 26. 2024Training for aircraft type rating extension by CAE Simulation not exempt from G…
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Goods & Services Tax , Mar. 26. 2024Stipend paid by Yashaswi Academy to trainees not taxable under GST as it acts a…
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