Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
The HC held that bona fide errors in GSTR-1, including a wrong tax-rate entry and incorrect mention of a credit note, can be corrected, and the taxpayer must be given an opportunity under Rule 88C to explain the mismatch before liability is fastened. The impugned order was set aside because the authority acted without calling for an explanation on the GSTR-1 and GSTR-3B discrepancy. The Court further held that denial of input tax credit for FY 2018-19 was unsustainable after insertion of section 16(5), which overrides section 16(4) for the relevant periods; the taxpayer was therefore entitled to claim the credit within the extended statutory window.
The HC held that bona fide errors in GSTR-1, including a wrong tax-rate entry and incorrect mention of a credit note, can be corrected, and the taxpayer must be given an opportunity under Rule 88C to explain the mismatch before liability is fastened. The impugned order was set aside because the authority acted without calling for an explanation on the GSTR-1 and GSTR-3B discrepancy. The Court further held that denial of input tax credit for FY 2018-19 was unsustainable after insertion of section 16(5), which overrides section 16(4) for the relevant periods; the taxpayer was therefore entitled to claim the credit within the extended statutory window.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4816 
Join Channel 
