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Whether refund of unutilized ITC can be claimed on account of closure of business despite it not being covered under Section 54(3) of the CGST Act?
Yes, the Hon’ble Sikkim High Court in SICPA India Private Limited and Another v. Union of India and Others [2025 TAXONATION 1436 (SIKKIM)
The petitioner challenged the denial of ITC for FY 2017–18, arguing it was unfair since the supplier had gone through insolvency and the tax department didn’t claim their dues during that process. The Court accepted the case and directed the petitioner to deposit 10% of the disputed tax.
Grounds of Writ-The Petitioner, aggrieved by the impugned Order-in-Appeal (O-I-A), has filed the Writ Petition challenging the reversal of Input Tax Credit (ITC) for the Financial Year 2017-18, on the ground of non-payment of taxes by the Supplier. The Petitioner submits that the Supplier underwent insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC), and that a Resolution Plan was duly approved by the National Company Law Tribunal (NCLT). It is further ...
ITAT Deletes Rs 58.50 Lakh Addition: Section 69A Not Applicable on Audited Cash Deposits During Demonetization.
In a significant ruling favoring taxpayers, the Income Tax Appellate Tribunal (ITAT), Delhi Bench “A,” has quashed an addition of Rs 58.5 lakh made against Balsons Jewellers, Meerut under Section 69A of the Income Tax Act. The ruling reiterates a crucial legal principle: if cash is properly recorded in audited books, Section 69A has no application.
The High Court set aside the impugned CGST order citing violation of natural justice, as the petitioner was denied the opportunity to cross-examine key witnesses, and remanded the matter for fresh adjudication.
Grounds of Writ-The Petitioner, aggrieved by the impugned order, passed by Respondent No. 3, challenged the imposition of tax liability, interest, and penalty under the central Goods and Service: Tax (CGST) Act. The primary contention was that the impugned order was vitiated by a procedural infirmity, as the petitioner was denied the opportunity to cross-examine the witnesses whose statements were relied upon by the authorty. The Petitioner asserted that this rerusal to permi ...
The Writ Petition challenging premature bank account attachment was dismissed as infructuous since the attachment was already withdrawn, without affecting the pending GST appeal.
Grounds of Writ-The Petitioner, aggrieved by the impugned order and challenging the attachment of the bank account, has filed the present Writ Petition. The Petitioner contends that an Appeal has been duly filed, complying with all the statutory conditions prescribed under the relevant provisions against the original Assessment Order. The grounds of challenge include the premature initiation of attachment proceedings without due consideration of the pending appeal.
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The Court directed the Home Department to reimburse GST on pre-GST rental income to the Petitioner and ordered a review of stagnant rental rates, with GST payments to begin from August 2025.
Grouneds of Writ-The Petitioner, being aggrieved by the demand raised by Respondent Nos. 5 and 6 for the levy of Goods and Services Tax (GST) on rental income received from the Police Department of the Government of Jammu and Kashmir, has filed the present Writ Petition. The Petitioner submits that the rental agreement, including the monthly rent, was entered into and fixed prior to the implementation of GST, and has not been revised thereafter. However, pursuant to the enact ...
The High Court quashed the ?7057.98 crore GST demand order for merely reproducing the show cause notice without independent reasoning, citing non-application of mind and violation of natural justice.
Grounds of Writ-The Petitioner, aggrieved by the impugned order passed by the Adjudicating Authority for the Financial Year 2020-21, has filed the present Writ Petition. The Petitioner submits that the Adjudicating Authority failed to exercise independent application of mind, having merely replicated the contents of the show Cause Notice (SCN), without due consideration of the Petitioner's reply and the legal contentions therein. It is contended that such conduct amounts ...
