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Ca Nipun Arora

Latest Posts by Ca Nipun Arora

SEZ unit can claim ITC refund on Input services for Authorised operations: Bombay HC

November 26, 2025 669 Views 0 comment Print

Court held that tax authorities cannot refuse ITC refund to SEZ units merely because related precedent is under challenge. Until reversed, Britannia remains binding and must be followed.

Oversight of concessional rate is an error rectifiable u/s 161 of CGST Act: Uttarakhand HC

November 9, 2025 768 Views 0 comment Print

The Court held that supplies made before 18 July 2022 were eligible for the 12% concessional GST rate, as withdrawal of benefit applied prospectively. Taxpayers can file rectification applications under Section 161 to correct such errors.

GST Demand order liable to be quashed if Demand exceeds amount specified in SCN: Chhattisgarh HC

October 29, 2025 678 Views 0 comment Print

Chhattisgarh High Court set aside a GST demand of Rs 5 Cr, ruling the amount violated Section 75(7) of the GST Act by exceeding the SCN’s stated liability.

GST Appellate Authority Cannot Claim “Functus Officio” If Appeal Dismissed for Pre-Deposit, Not Merits: Jharkhand HC

October 15, 2025 540 Views 0 comment Print

Jharkhand High Court in Maa Kalyani Electrical Vs Union of India set aside an appellate order that rejected an appeal on ‘functus officio’ grounds. The court held that since the original dismissal was only for failure to make a mandatory pre-deposit, not on merits, the authority wasn’t functus officio after the deposit was subsequently made.

Calcutta High Court Dismisses GST Writ for Appeal Delay, Imposes ₹50,000 Costs

September 28, 2025 618 Views 0 comment Print

The Calcutta High Court refused to intervene in a GST demand order under Section 73, rejecting a writ petition filed eight months late. The Court held that statutory appellate remedies cannot be bypassed when the case does not involve jurisdictional issues or violation of natural justice.

Allahabad HC Bars Remand in GST Registration Cancellation Appeals

August 30, 2025 549 Views 0 comment Print

The Allahabad High Court ruled that appellate authorities cannot remand cases back to lower officers in GST registration cancellation appeals, as it is barred by Section 107 of the GST Act.

Karnataka HC Quashes GST Demand on Trading Margin from Voucher Sales

August 12, 2025 1014 Views 0 comment Print

The Karnataka High Court quashed a GST demand on the trading margin from voucher sales, clarifying that this activity is not a supply of goods or services.

Issuance of GST SCN & disputing position settled by SC & Binding AAAR Ruling amounts to abuse of Law

August 9, 2025 999 Views 0 comment Print

Azam Laminators Private Limited Vs Additional Director (Madras High Court) 5% GST on Nizam Pakku – Issuance of SCN and disputing position settled by SC and Binding AAAR Ruling tantamount to clear abuse of Law: Madras High Court The Madras High Court has struck down a Show Cause Notice (SCN) issued to M/s Azam Laminators […]

GST Payment via E-Cash Ledger Valid Even Without GSTR-3B Filing During Liquidation: Madras HC

August 6, 2025 810 Views 0 comment Print

The Madras High Court ruled that tax payments made to the e-cash ledger are valid even if GSTR-3B returns aren’t filed during liquidation, quashing a GST demand.

Jharkhand HC Upholds GST Penalty Over Incorrect E-Way Bill Loading Point

August 6, 2025 1119 Views 0 comment Print

The Jharkhand High Court upheld a GST penalty for Pratik Enterprises, citing a discrepancy between the loading point in the E-Way bill and the actual location, supported by GPS data.

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