Goods and Services Tax : Allahabad HC rules that failure to prove the physical movement of goods disqualifies Input Tax Credit (ITC) claims. Scrutiny of GS...
Goods and Services Tax : Key GST case law updates from August 2024: Search authorizations, bail rulings, penalty disputes, and appeal deadlines reviewed by...
Goods and Services Tax : The government has established State Benches for the GST Appellate Tribunal under Section 109 of the CGST Act, effective from 1st ...
Goods and Services Tax : Karnataka HC grants Cultgear Pvt Ltd refund, pending GST tribunal formation, with a bank guarantee. Liberty to appeal extended til...
Goods and Services Tax : Learn about filing appeals before the Goods and Services Tax Appellate Tribunal (GSTAT), including timelines, forms, fees, and rep...
Goods and Services Tax : AGFTC & ITBA urge the Finance Minister to reduce GST appeal fees to ensure fair taxation, proposing fees similar to Income Tax rat...
Goods and Services Tax : Join our webinars on GST Tribunals preparation. Learn to grow your IDT practice and prepare for GSTAT with expert guidance. Regist...
Goods and Services Tax : KSCAA urges FM Nirmala Sitharaman to reduce mandatory pre-deposit for GST appeals, addressing financial strain and clarifying ambi...
Goods and Services Tax : केंद्र सरकार द्वारा सेवानिवृत्त न्यायाधीश संजय ...
Goods and Services Tax : Union Finance Minister Nirmala Sitharaman inaugurates Sanjaya Kumar Mishra as the first President of GST Appellate Tribunal in New...
Goods and Services Tax : Orissa HC directs 10% deposit for staying a GST appellate order. Case concerns delayed tribunal formation and compliance with prio...
Goods and Services Tax : Orissa High Court grants interim relief in a GST appeal, reducing deposit requirements due to the non-constitution of the Appellat...
Goods and Services Tax : Orissa HC rules on GST appeal rights in Maa Tarini Traders case, granting stay due to non-constitution of the Appellate Tribunal. ...
Goods and Services Tax : Orissa High Court granted interim relief to ATC Telecom in absence of a constituted Appellate Tribunal, following a precedent....
Goods and Services Tax : Himachal Pradesh HC reviews GSTAT eligibility relaxation approved by GST Council, allowing 25 years of service as a Gazetted offic...
Goods and Services Tax : Ministry of Finance corrects GSTAT jurisdiction notification, replacing "Alwar" with "Ajmer" under Jaipur jurisdiction. Details up...
Goods and Services Tax : Government amends GST Appellate Tribunal notifications, redefining jurisdiction of benches across various states and union territo...
Goods and Services Tax : Applications are open for various posts in GSTAT on deputation. Eligible candidates from the Central/State Governments can apply o...
Goods and Services Tax : Ministry of Finance empowers GST Appellate Tribunal to examine input tax credits and tax rate reductions, effective from October 1...
Goods and Services Tax : New GST Appellate Tribunal (GSTAT) established from Sep 2023 with state-wise benches for efficient resolution. Check locations and...
HC held that Since the petitioner wants to avail the remedy under the provisions of law by approaching GST appellate tribunal, which has not yet been constituted, the amount of penalty and interest demanded by authority shall remain stayed during pendency of the writ petition subject to the Petitioner depositing the entire amount of tax demanded.
Kumar Ram Ranjan Singh Vs State of Bihar (Patna High court) The instant writ petition has been filed under Article 226 of the Constitution of India seeking multifarious reliefs. The petitioner essentially is desirous of availing statutory remedy of appeal against the impugned order before the Appellate Tribunal (hereinafter referred to as “Tribunal”) under Section […]
Pratap Kumar Pradhan Vs Commissioner of CT & GST, Odisha and Ors. (Orissa High Court) The present writ petition is being entertained only because the Second Appellate Tribunal has not yet been constituted. Since the petitioner wants to avail the remedy under the provisions of law by approaching 2nd appellate tribunal, which has not yet […]
Tushar Kanta Nayak Vs Commissioner of Sales Tax CT & GST & Others (Orissa High court) The present writ petition is being entertained only because the Second Appellate Tribunal has not yet been constituted. Since the petitioner wants to avail the remedy under the provisions of law by approaching 2nd appellate tribunal, which has not […]
Arati Construction Vs Joint Commissioner of State Tax (Appeal) (Orissa High Court) In the event the petitioner wants to avail the remedy by preferring appeal before the 2nd appellate tribunal then the petitioner is liable to pay 20% balance disputed tax for consideration of its appeal by the 2nd GST appellate tribunal GSTAT). Since the […]
limitation for appeal before GSTAT start only after date on which President, or State President of Tribunal after its constitution under Section 109 of GST enters office.
Due to non-constitution of GSTAT petitioner is deprived of his statutory remedy U/s. 112 of GST Act, so HC granted stay against recovery
HC held that, in case of non constitution of GST Appellate Tribunal, petitioner can file a Writ Petition before High Court.
Patna High Court held that non-constitution of Appellate tribunal deprives petitioner’s statutory right to appeal u/s. 112(8) and 1129(9) of Bihar Goods and Services Tax Act (BGST).
Due to non-constitution of Tribunal, petitioner is deprived of his statutory remedy under Sub-Section (8) and Sub-Section (9) of Section 112 of B.G.S.T. Act.