Top 13 high court decisions in GST

S. No.

Party

Order

Catagory

1.     

AAP & Co. (Gujarat HC)

GSTR 3b is not the return prescribed in section 39 and last date to avail ITC is date of filing of annual return

Input tax credit

2.     

JSW Energy (Maharashtra HC)

HC can observe the process for AAR & AAAR decision. It cant review the decision but can review that procedure is followed.

3.     

Safari Retreats (Orissa HC)

ITC for construction of immovable property intended to be used for letting out for commercial use shall be allowed

ITC for construction of immovable commercial property

4.     

Garden Silk Mills (Gujarat HC)

Petitioner was allowed to take the ITC reversed due to application of refund by entering it in GSTR 3b.

ITC via GSTR3b

5.     

Megha Engineering (Telangana HC)

Interest to be calculated on gross amount. In case the return is filed late then interest will be levied on total tax liability.

Interest calculation

6.     

Srijan Reality (Calcutta HC)

Electricity distribution from a landlord to tenant is a service and is liable for service tax.

Electricity distribution

7.     

Bharghav Motors (Delhi HC)

Manual filing of Tran 1 where the taxpayer was not being able to file it due to technical glitches.

manual filinf of TRAN 1

8.     

Neuvera Wellness Ventures (Gujarat HC)

Goods along with truck were released on bond where the goods were imported. The goods were exempted from GST.

Release of Truck on bond

9.     

M/s Saraf Natural Stones (Gujarat HC)

Interest on refund due is payable @9%

Interest on refund 

10. 

M/s. Commercial Steel Engineering Corporation

No interest on availed ITC. It should be utilized and be a recoverable item only then interest u/s 73 may be levied.

Interest calculation on ITC 

11.     

Saji S (Kerala High court)

Department should shift the tax from backend where the wrong tax is paid by the taxpayer.

Wrongly paid Tax

12.     

Torrent Power

Electricity distribution is a principal supply where the meter and billing are components. Both are exempt.

Composite supply

13.     

Gati kintetsu pvt ltd.

The transporter was liable to pay penalty where part B of E –way bill was not filled.

E-way bill