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Revenue cannot invoke GST Section 74 where normal Section 73 limitation expired

September 11, 2025 2031 Views 0 comment Print

The Gujarat High Court ruled that tax authorities cannot use Section 74 for extended recovery without proving fraud, if Section 73 time limits have passed.

GST Refund Cannot Be Withheld on mere presumption of malfeasance or fraud

September 11, 2025 1056 Views 0 comment Print

The Delhi High Court ruled that a GST refund approved by an appellate authority cannot be withheld solely based on the Commissioner’s opinion without an actual pending appeal.

No power to adjudicate ITC eligibility during refund proceedings: SC

September 11, 2025 10818 Views 0 comment Print

The Supreme Court affirmed that GST authorities cannot determine the eligibility of Input Tax Credit during refund proceedings, upholding a Delhi High Court ruling.

SC allows GST refund for services provided to foreign universities

September 11, 2025 3882 Views 0 comment Print

The Supreme Court affirmed that services provided by Indian entities to foreign universities for student admissions are considered “export of services” and are eligible for an IGST refund.

GST Registration Cancellation Must Be Processed Within Timeline: Delhi HC

September 10, 2025 1125 Views 0 comment Print

Delhi High Court directs GST department to process registration cancellation requests within four weeks, preventing indefinite delays for closed businesses.

ITC Cannot Be Denied If genuine Supplier’s GST Is Cancelled Later: Allahabad HC

September 10, 2025 5610 Views 0 comment Print

Allahabad High Court ruled that a buyer’s Input Tax Credit cannot be denied based on a supplier’s subsequent GST registration cancellation.

Telecom Towers Not Immovable property, ITC under GST Cannot Be Denied: SC

September 10, 2025 1905 Views 0 comment Print

Supreme Court rules telecommunication towers are movable property, allowing input tax credit (ITC) under CGST Act, dismissing revenue’s appeal against Delhi High Court’s decision.

No Provisions in GST Law for remand back by First Appellate Authority

September 10, 2025 1179 Views 0 comment Print

Allahabad High Court rules that the GST First Appellate Authority lacks the power to remand cases back to the adjudicating authority under Section 107 of the CGST Act.

Seizure Powers Under GST Limited to Goods Linked to Evasion, Not Unaccounted Valuables: SC

September 1, 2025 1341 Views 0 comment Print

Supreme Court dismisses review petition, affirming that the GST department cannot seize cash or valuables unless they are directly linked to GST violations.

Employee Accommodation via Third Party Not Taxable, ITC Allowed

September 1, 2025 3276 Views 0 comment Print

Gujarat AAR rules on GST for employee accommodation, deeming it a non-taxable perquisite. ITC is admissible, but GST applies to trainees’ accommodation.

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