Gujarat High Court
For assessee
Case-law directory
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Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
Case-law directory
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
4 rulings found
Gujarat High Court
Where consolidated demand covering July 2017 to November 2022 included financial years already under State GST proceedings for same liability and such overlap was admitted by respondents, statutory bar on parallel proceedings under section 6 applied, rendering consolidated order unsustainable and necessitating exclusion of overlapping years from fresh proceedings
Himachal Pradesh High Court
Where multiple authorities initiated proceedings on alleged fake ITC involving same subject matter against petitioner, once show cause notice was issued by designated authority, that authority had precedence to complete proceedings and actions of other authorities were to follow outcome of those SCN proceedings, ensuring single-stream adjudication without parallel inquiries
Tripura High Court
Where department issued Demand-cum-Show Cause Notice and Order-in- Original for 2017-18 after expiry of five-year period from due date of furnishing annual return and without any notification extending limitation under Section 74 or Section 168A, such proceedings were without jurisdiction and contrary to law. GST: Where SGST authorities had already issued and dropped proceedings with respect to excess ITC availed for certain years and identical subject matter was included in respondent’s SCN and OIO, statutory bar under Section 6(2)(b) against parallel proceedings applied, making such notices and orders without jurisdiction to that extent. GST: Bar under Section 6(2)(b) applies only where CGST and SGST proceedings involve identical subject matter; where SGST proceedings concerned GSTR- 1B/GSTR-3B mismatch and CGST proceedings related to short payment of tax, parallel CGST action was valid
Bombay High Court
Where petitioner-airline neither received services nor paid consideration, question whether petitioner-airline was “recipient” of CRS services and liable to IGST required determination; as issue involved jurisdiction of adjudicating authority and warranted deeper examination, writ petition was maintainable despite availability of statutory appeal