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Income from Shares Not Taxable Under GST in India.

A recent court case where a company successfully challenged a demand notice issued by the Central GST & Central Excise department.


The company (petitioner) received a demand notice (GST DRC-07) and order (dated December 18, 2023) for taxes allegedly due on income from shares. The company argued that such income is not subject to Goods and Services Tax (GST).


Amounts debited from a taxpayer's electronic cash and credit ledgers before the expiry of statutory period for filing appeal should be returned.

A company (the petitioner) challenged the Goods and Services Tax (GST) department's early recovery of assessed taxes.


The petitioner faced GST assessments for the years 2017-2018, 2018-2019, and 2019-2020. Assessment orders were issued in December 2022.

Legal Right to Appeal:

The High Court has suspended a CBIC circular regarding corporate guarantee taxes. This allows the authority handling a specific company's case to make an independent decision, free from the influence of the circular's interpretation.

A company (the petitioner) has filed a writ petition before the Bombay High Court challenging a circular issued by the Central Board of Indirect Taxes and Customs (CBIC). This circular, numbered 204/16/2023-GST and dated October 27, 2023, clarifies the tax treatment of corporate guarantees.

The Challenge:

The petitioner argues that the circular goes beyond simply clarifying tax r ...

The Bombay High Court emphasized that simply having allegations against someone is not enough to warrant an arrest.

A company director (petitioner) filed a petition challenging his arrest by the Central Goods and Service Tax (CGST) department. He argued his detention exceeded 24 hours, violating his legal rights.

Background of the Case

A company director filed a petition challenging his arrest by the CGST department. The petitioner argued that his detention exceeded 24 hours, violating ...

The confiscated vehicle and the goods shall be released upon furnishing 25% cash of the amount mentioned in the Impugned Order and the outstanding balance shall be secured by furnishing a bank guarantee.

A company (petitioner) filed a writ petition challenging the confiscation of their goods and vehicle by the GST department. The department had accused the company of fraudulent transactions and imposed a significant penalty.

Key Points:

  • The company argued the initial notices (MOV-02 and MOV-10) were without jurisdiction.

Company challenges Rs 7.9 Crore GST demand for excess & ineligible tax credits, claiming their detailed response was ignored. The court finds the tax authority's order flawed and demands proper consideration of the company's explanation.

A company (petitioner) is contesting a tax demand order issued by the Goods and Services Tax (GST) department. The order, dated December 23rd, 2023, imposed a significant tax penalty on the company.

Grounds for Challenge:

  • The company argues that their detailed response to the initial show cause notice (SCN) was completely ignored in the final o ...

A company challenged the GST department's denial of input tax credit (ITC) because their input service distributor (ISD) couldn't file a specific tax form. The High Court has issued a notice to the department regarding this.

A company is contesting the tax authorities' refusal to allow them to use input tax credit (ITC) received from their input service distributor (ISD). The issue stems from the ISD's inability to file Form GSTR-6, which is required to carry forward transitional credit under the Central Goods and Service Tax Act (CGST Act).

The company argues that the GSTR-6 form lacks a specific section for carrying forward transitional credi ...