The High Court held that once a company undergoes CIRP and new management is installed, GST authorities must recognize this legal shift and cannot act as if the old management continues.
The Budget shifts multiple exemptions into the Customs Tariff, simplifying compliance without raising effective duties. The changes aim to correct duty inversion and strengthen domestic value addition.
Major amendments cover decriminalisation of offences, conversion of penalties into fees, and rationalisation of MAT and TCS rates. The reforms aim to reduce disputes while ensuring proportional enforcement.
Provisional refunds for inverted duty structures and removal of refund thresholds for exports improve working capital. The amendments strengthen liquidity and support small and mid-sized exporters.
The court held that confirming a demand far exceeding the SCN violates Section 75(7) of the CGST Act. Any enhancement without a fresh notice is a jurisdictional error warranting quashing.
Gujarat High Court holds refund claims maintainable for interest paid under protest on wrongly demanded GST for assignment of leasehold rights, quashing mechanical rejection via RFD-03.
The Court held that an appeal filed electronically within limitation, with pre-deposit and portal-uploaded order, is legally valid. Authorities cannot dismiss such appeals on the technical ground of non-submission of hard copies.
The Court ruled that large gaps between GST returns and ITR figures cannot justify Section 74 demands without forensic verification. Actual supplies must be established through audit.
The Court struck down key tribunal reform provisions, holding that reintroducing invalidated clauses is unconstitutional, directly impacting the design and functioning of GSTAT.
The Supreme Court stayed GST proceedings after finding the show cause notice under Section 74 contained only figures without explaining fraud or suppression. The ruling stresses that detailed allegations are mandatory to invoke extended limitation.
