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Landmark Rulings

GST landmark rulings

5,409 rulings

  1. Bombay High Court · 12 May 2021
    A person cannot be kept in detention beyond a total period of 60 days where investigation relates to offence punishable with imprisonment for a term not less than 10 years and that the Magistrate is authorized to detain beyond 15 days period if satisfied that the grounds are made out.

    Krishna Murari Singh vs. Union of India & Ors.

    (2022) TaxCorp(IDT) 5707 (HC-BOMBAY)

  2. Madras High Court · 11 May 2021
    Assessee submitted refund applications manually and if error occurred on part of GSTN, the assessee cannot be expected to show proof for the same, as nothing can be more unfair.

    Tvl. Mehar Tex vs. The Commissioner of CGST

    (2022) TaxCorp(IDT) 5706 (HC-MADRAS)

  3. Gujarat High Court · 11 May 2021
    If any person is aggrieved by the order passed under CGST Act or the SGST Act or the UTGST Act by the adjudicating authority, then he can make an appeal to appellate authority within 3 months.

    Anish Infracon India Pvt. Ltd. vs. UOI

    (2022) TaxCorp(IDT) 5705 (HC-GUJARAT)

  4. AP High Court · 11 May 2021
    In similar circumstances the court has granted an interim order in P. Venkataramaniah & Co.

    Distributory Committee vs. Assistant Commissioner

    (2022) TaxCorp(IDT) 5704 (HC-AP)

  5. Madras High Court · 31 Dec 2021
    It was incumbent on the part of Revenue to issue a notice of personal hearing to the Assessee before passing the order, and since revenue has not done so therefore matter is being remitted back to the revenue.

    Prime Alloys vs. The State Tax Officer & Ors.

    (2022) TaxCorp(IDT) 5700 (HC-MADRAS)

  6. Madras High Court · 31 Dec 2021
    Revenue is free to transfer the seized/confiscated goods in the respective vehicles to any Government warehouse.

    C. Ranganathan & Anr. vs. The Commissioner of Commercial Tax & Anr.

    (2022) TaxCorp(IDT) 5699 (HC-MADRAS)

  7. Delhi High Court · 31 Dec 2021
    Since the investigation has not progressed, therefore revenue is being directed to defreeze Petitioner’s current bank account.

    Vardhman Exim vs. Union of India

    (2022) TaxCorp(IDT) 5697 (HC-DELHI)

  8. Delhi High Court · 31 Dec 2021
    Upon filing of objections by the Petitioner, same shall be decided by competent authority in accordance with law.

    Nitin Singhania vs. Commissioner of GST

    (2022) TaxCorp(IDT) 5696 (HC-DELHI)

  9. Delhi High Court · 31 Dec 2021
    Revenue is directed to decide the representations by way of a reasoned order in accordance with law.

    Wipro Ltd. vs. Assistant Commissioner of GST

    (2022) TaxCorp(IDT) 5695 (HC-DELHI)

  10. AAR · 30 Dec 2021
    IGST will not be levied if a person is supplying goods from free-trade warehousing zone.

    In the matter of AIE Fibre Resource and Trading (India) Pvt. Ltd.

    (2021) TaxCorp(IDT) 5692 (AAR)

  11. AAR · 29 Dec 2021
    Vouchers are not claim to any debt and in present case, voucher is in possession of claimant at the time of claim and hence, cannot be considered as actionable claim.

    In the matter of Premier Sales Promotion Pvt. Ltd.

    (2021) TaxCorp(IDT) 5686 (AAR)

  12. Karnataka High Court · 28 Dec 2021
    Denial of refunds on hyper technicalities, will be a blot on the statutory intent.

    Dantara Jewellers vs. The State of Kerala & Ors.

    (2021) TaxCorp(IDT) 5683 (HC-KARNATAKA)

  13. AAR · 27 Dec 2021
    Construction of pit cannot be termed as an apparatus or equipment or machinery.

    In the matter of Mother Earth Environ Tech Ltd

    (2021) TaxCorp(IDT) 5680 (AAR)

  14. AAR · 24 Dec 2021
    Dried and Polished Turmeric being a processed spice is not an Agricultural Produce and hence, is not exempted from GST.

    In the matter of Nitin Bapusaheb Patil

    (2021) TaxCorp(IDT) 5675 (AAR)

  15. AAR · 24 Dec 2021
    Bus Rental Services to Navi Mumbai Transport Undertaking shall be taxable at rate of 12% (with availment of ITC) and 5% (without ITC availment).

    In the matter of MH EcoLife E-Mobility Pvt. Ltd.

    (2021) TaxCorp(IDT) 5674 (AAR)

  16. Orissa High Court · 23 Dec 2021
    Revenue is directed to give a hearing to the Assessee on a date to be intimated at least seven days in advance, and to pass fresh adjudication orders.

    JSW Steel Ltd. vs. Union of India & Ors.

    (2021) TaxCorp(IDT) 5672 (HC-ORISSA)

  17. AAR · 23 Dec 2021
    Part recovery of transportation charges from employees will not attract GST.

    In the matter of Integrated Decisions and Systems India Pvt. Ltd.

    (2021) TaxCorp(IDT) 5671 (AAR)

  18. AAR · 23 Dec 2021
    Unless from the contract it is ascertained that the supply of goods as well as service are to be separately charged, the nature of supply remains a composite supply.

    In the matter of M/s South Indian Federation of Fisherman Societies

    (2021) TaxCorp(IDT) 5670 (AAR)

  19. AAR · 23 Dec 2021
    Any condition/restrictions attached with the advance do not alter its character, it remains advance which later gets adjusted in payment once bills/invoices are issued.

    In the matter of Uttar Pradesh Avas Evam Vikas Parishad

    (2021) TaxCorp(IDT) 5669 (AAR)

  20. AAR · 22 Dec 2021
    The two supplies of setting up of FGD plant and its O&M are separate supplies, not naturally bundled and not supplied in conjunction with each other but one after the other.

    In the matter of Shapoorji Pallonji and Company Private Limited

    (2021) TaxCorp(IDT) 5665 (AAR)

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