The Gauhati High Court held that cancellation for non-filing of returns can be reconsidered if all pending returns and dues are paid, directing authorities to consider restoration under Rule 22(4).
Gauhati High Court held that cancellation for non-filing of returns is not final if the taxpayer files all pending returns and clears dues, directing authorities to consider restoration under Rule 22(4).
Gauhati High Court held that writ petition is not maintainable due to availability of alternative efficacious remedy under the provisions of Section 85 of the Finance Act, 1994 before appellate authority. Accordingly, writ petition dismissed.
ITC cannot be mechanically denied to purchasers even if invoices are missing in GSTR-2B. Key takeaway: the ruling safeguards taxpayers paying GST in good faith.
The court held that Ombudsman’s finding of customer negligence was unsustainable and directed bank to refund disputed amount. The ruling clarifies that refund may be ordered when adjudication fails to consider material records.
Guwahati High Court ruled that appeals challenging CESTAT’s order on special rate of value addition are not maintainable, as issue pertains to valuation of goods for assessment and lies with Supreme Court.
Gauhati High Court held that arrest in fraudulent availment of Input Tax Credit [ITC] cannot be termed as illegal since the arresting authority has complied with all the mandates provided by the CGST Act, 2017 and the BNSS, 2023.
The court held that a taxpayer whose GST registration was cancelled for not filing returns for six months can seek restoration by submitting pending returns and paying dues within the prescribed rules.
The Gauhati High Court set aside a GST order issued without a valid show cause notice under Section 73(1) of the AGST Act, holding that a DRC-01 summary cannot replace a detailed notice.
Gauhati High Court held that statement of tax determination under section 73(3) of the CGST Act does not substitute the proper SCN required under Section 73(1). Further, passing of an adverse order without opportunity of personal hearing is against principles of natural justice.
