GSTAT Lucknow
For assessee
Case-law directory
Every ruling, in plain sight.
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.
6 rulings found
GSTAT Lucknow
Where appellant's demand for excess ITC due to GSTR-3B and GSTR-2A mismatch was confirmed ex parte despite appellant facing FIR, judicial custody, and fire incident affecting office, absence of proper opportunity before both adjudicating and appellate authorities warranted remand for fresh hearing in interest of natural justice GST: Where demand for ITC denial was raised solely on GSTR-2A mismatch without invoice-wise or category-wise verification, despite assessee providing reconciliation, RCM credits, and supplier/CA certificates, complete disallowance was unwarranted, and authorities were required to verify supporting evidence including RCM claims and certificates, necessitating reconsideration of ITC eligibility on merits GST: Where supplier issued invoices for renting of immovable property within State but discharged tax under IGST instead of CGST and SGST and appellant availed ITC under CGST and SGST with tax paid to Government, such ITC was correctly availed as supply was intra-State, with no revenue loss, and invoices remained eligible for ITC under CGST and SGST
GSTAT Lucknow
Where summary of proposed demand (DRC-01) was uploaded to appellant account without issuance of statutory show cause notice to correct taxable person, and summary was accompanied by SCN addressed to different taxpayer, failure to issue SCN and provide opportunity rendered demand proceedings void ab initio and entire assessment with tax, interest and penalty was set aside. GST: Where ITC of CGST and SGST was denied solely due to GSTR-2A and GSTR-3B mismatch without verifying possession of invoices, receipt of supplies or supplier tax payment as required by Section 16 and relevant Circular, and SCN was wrongly issued, such denial was unsustainable as non-reflection in GSTR-2A alone could not defeat ITC claim
GSTAT Thiruvananthapuram
Where business of sole proprietor was discontinued after GSTIN cancellation and no notice or inquiry was made to legal representative regarding inherited estate as required under Section 93(1)(b), proceedings continued against deceased person were impermissible, with liability of legal heir limited to inherited estate, making OIA and underlying proceedings unsustainable and to be set aside. GST: Where assessee filed GSTR-3B returns for July-2017 to February-2018 on 31-7- 2018 and March-2018 on 16-6-2019, within the revised time period permitted by retrospective amendment to Section 16(5), disallowance of input tax credit on ground of limitation was unsustainable and assessee was entitled to claimed ITC with consequential relief
Calcutta High Court
Where ex parte adjudication was made for ITC mismatch without verifying eligibility as mandated by Circular No. 183/15/2022-GST, and no opportunity for petitioner to respond was given, such assessment was unsustainable and was quashed with matter left for reconsideration in accordance with prescribed verification procedure and principles of natural justice
Kerala High Court
Where a dealer received a composite notice and order-in-original for multiple years under CGST/KGST, such composite proceedings were unsustainable as per settled law, so the impugned order, notice, and summary were quashed and authorities allowed to issue fresh year-wise notices, with benefit of Section 16(5) if returns filed by 30.11.2021 and limitation period suitably adjusted. GST: Where petitioner was denied ITC for certain months on limitation grounds though returns were furnished by 30.11.2021 and Section 16(5) benefit was claimed, order and related notices were quashed and respondents were to reconsider eligibility for ITC for each year, granting Section 16(5) benefit if timely filing is verified, excluding specified period for limitation computation
Madras High Court
Where registered purchaser claimed ITC on supplies from identified supplier and produced bank statements, invoices, e-way bills, ledgers and GSTR-2A/2B in response to SCN issued under Section 73, reversal of ITC solely due to supplier's registration cancellation without considering produced documents or affording opportunity for additional evidence could not be sustained and order was set aside for fresh adjudication