When navigating the labyrinthine process of GST appeals, it’s crucial to understand the various levels and their respective protocols. For any individual or entity aggrieved by a decision rendered by an adjudicating authority, there exists a structured pathway to seek redress. The appeal process begins with the Appellate Authority, moving up through successive levels if … Continue reading Litigation Management under 🇮🇳 GST—Part 10
Category: court
Groundbreaking Verdict—GAAR’s First Blow to Bonus-Stripping Tax Schemes
In an unprecedented legal precedent, the Telangana High Court has rendered its first judgment concerning the General Anti-Avoidance Rules (GAAR), a seminal provision within the Indian Income Tax Act, 1961, that was activated from the financial year 2017-18. GAAR bestows extensive powers upon the Indian Revenue Authorities (IRA), enabling them to recharacterize transactions, disregard components … Continue reading Groundbreaking Verdict—GAAR’s First Blow to Bonus-Stripping Tax Schemes
High Court Confirms: Dual Show Cause Notices Are Legal and Binding!
In a landmark ruling, the High Court clarified the nuances of jurisdiction concerning the issuance of multiple show cause notices to an individual and their business entities. Imagine you’re an entrepreneur with multiple ventures, and one day, you receive not one, but two show cause notices. The bewilderment and concern are palpable. Can they really … Continue reading High Court Confirms: Dual Show Cause Notices Are Legal and Binding!
Kerala High Court: ITC Conditions and Retrospective Benefits under Section 16(4)
In a significant legal battle, M/S M. Trade Links brought forth a challenge against specific provisions of the Central Goods and Services Tax Act (CGST) and the State Goods and Services Tax Act (SGST) in the Kerala High Court. The core of the dispute centers on Sections 16(2)(c) and 16(4) of the CGST and SGST … Continue reading Kerala High Court: ITC Conditions and Retrospective Benefits under Section 16(4)
Supreme Court Upholds Integrity of Resolution Plans
In the realm of insolvency and bankruptcy law, the approval of a resolution plan by the National Company Law Tribunal (NCLT) or the National Company Law Appellate Tribunal (NCLAT) imposes stringent obligations on the Successful Resolution Applicant (SRA). The SRA must adhere strictly to the conditions of the approved plan, with no room for deviations … Continue reading Supreme Court Upholds Integrity of Resolution Plans
Calcutta High Court’s Landmark Decision on GST Credit Denial Due to Supplier Tax Non-Payment
In a groundbreaking ruling, the Calcutta High Court emphasized that the denial of input tax credit (ITC) under GST cannot occur automatically solely due to discrepancies between GSTR-2A and GSTR-3B. This verdict underscores the necessity for an investigation into the supplier’s tax situation before rejecting ITC. This judgment brings substantial relief to companies grappling with … Continue reading Calcutta High Court’s Landmark Decision on GST Credit Denial Due to Supplier Tax Non-Payment
Calcutta HC Declares Landmark GST Ruling, Denying Automatic ITC Denial for Supplier Tax Non-Payment
Landmark Decision by Calcutta High Court: Buyers’ GST Credits Safe Even Amidst Supplier Tax Defaults In a significant legal ruling, the Calcutta High Court has taken a firm stance regarding GST input tax credit (ITC) under the Goods and Services Tax (GST) system. The court has decreed that the mere mismatch between GSTR-2A and GSTR-3B … Continue reading Calcutta HC Declares Landmark GST Ruling, Denying Automatic ITC Denial for Supplier Tax Non-Payment