#Kolkata

12 articles

GSTAT · Kolkata

Credit notes issued under Section 34 must be deducted from adjusted total turnover for refund calculation

The Tribunal held that when goods are returned and a credit note is issued, the returned goods are no longer part of the supply and the taxable turnover must be…

Oct 15, 20261 min read

GSTAT · Kolkata

Inverted duty refund cannot be denied merely because principal input and output fall under the same HSN code

The Tribunal held that the statute employs 'inputs' in plural with no distinction between principal and ancillary inputs; the Circular applies only where ITC ac…

Oct 15, 20261 min read

GSTAT · Kolkata

Credit notes issued beyond the time limit under Section 34(2) cannot reduce adjusted total turnover for ITC…

The Tribunal held that while credit notes issued within the statutory time limit must be excluded from adjusted total turnover for the purpose of refund under R…

Oct 9, 20262 min read

GSTAT · Kolkata

Agarbati Manufacturer Entitled to ITC Refund Under Inverted Duty Structure

The GSTAT Kolkata Bench has dismissed Revenue's appeal and upheld the concurrent findings of the Adjudicating Authority and the First Appellate Authority allowi…

Sep 22, 20261 min read

GSTAT · Kolkata

No Time Limit Prescribed for Commissioner to Review Appellate Order Under Section 112(3)

The Goods and Services Tax Appellate Tribunal, Kolkata Bench, has held that no time limit has been prescribed under sub-section (3) of Section 112 of the CGST A…

Sep 15, 20261 min read

GSTAT · Kolkata

CBIC Circular 135/2020 Applies Only to Rate-Reduction Scenarios, Not to Genuine Inverted Duty Structures

The Goods and Services Tax Appellate Tribunal, Kolkata Bench — in what is among the earliest substantive orders passed by the newly constituted Tribunal — has d…

Sep 14, 20263 min read

GSTAT

Refund Under Inverted Duty Structure Available Where ITC Accumulates On Packing Materials, Circular 135/5/2020…

The GSTAT Kolkata Bench has dismissed Revenue's appeals in three identical cases, holding that refund under Section 54(3)(ii) of the CGST Act for inverted duty…

Sep 10, 20261 min read

GSTAT

GSTAT Restores Section 74 For Fake Invoice ITC, Holds Mere Invoices And Bank Payments Insufficient To Prove…

The GST Appellate Tribunal, Kolkata Bench, has partly allowed Revenue's appeal and restored Section 74 proceedings for ITC of Rs. 43,44,046 availed on invoices…

Sep 9, 20262 min read

High Court · Calcutta

Show Cause Notice in Name of Dead Proprietor Is a Nullity

The Calcutta High Court has held that a show cause notice issued in the name of a deceased sole proprietor — and the order-in-original passed on that notice — a…

Aug 31, 20263 min read

High Court · Calcutta

ITC Cannot Be Denied to Bona Fide Buyer for Supplier's GSTR-3B Default

The Calcutta High Court has quashed an Order-in-Original and recovery notice against M/s Cart Infralog Ltd. on two independent grounds: first, that ITC cannot b…

Aug 31, 20263 min read

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