The Court held that an adjudication based solely on GSTR-3B and GSTR-2A mismatch cannot stand when the prescribed procedure under Circular 183/15/2022-GST is not followed. The matter was remanded for reconsideration.
Karnataka High Court quashed several notices, assessment orders, and bank garnishments issued under sections 148A, 147, 156, and 226(3), allowing the cooperative federation’s petition.
Karnataka High Court held that IGST wrongly paid to Centre on intra-state supplies is required to be refunded back since CGST/SGST already paid to the State GST Authorities. Accordingly, petition is allowed and order rejecting refund claim set aside.
The Court quashed the adjudication and appellate orders after finding that the prescribed Circular on GSTR-3B and GSTR-2A discrepancies was not followed. The matter was remanded for fresh consideration.
The Court held that payments received by the assessee could not be treated as professional income because no proof of services rendered was produced. The ruling confirms that absence of evidence justifies treating such receipts as salary.
The Court held that the impugned GST notice and adjudication orders suffered from multiple legal defects and quashed them. Authorities can issue a fresh notice, with limitation suspended for the contested period.
Karnataka High Court held that works contract entered with State and other Government agencies needs to calculate works executed Pre-GST under KVAT regime and Post-GST. Thus, reimbursement/ refund is to be granted for differential tax liability taking into account Pre-GST and Post-GST tax liability.
The Karnataka High Court quashed a GST adjudication order after finding that the show-cause notice was uploaded under an unconventional portal section, preventing the petitioner from responding.
Karnataka High Court held that notification no. 2/2023- Compensation Cess (Rate) dated 31.03.2023 and 3/2023 dated 26.07.2023 directing to pay compensation cess at Maximum Retail Price [MRP] as against transaction value runs counter to the CGST Act. Accordingly, the said notifications are quashed.
Karnataka High Court held that notice under section 148 of the Income Tax Act issued and served without signature of the Assessing Officer is a foundational defect and the same cannot be ignored. Accordingly, assessment order passed thereon is invalid.
