The goal of this article is to cover all recent GST case laws May 2024. All latest high court judgement on gst and all latest supreme court judgments on gst issued in May 2024 have been covered in this article. All latest GST case laws of May 2024 in this article have been classified by name, date, judge, counsel, GST concept, GST section, etc. In addition, a PDF of the GST case law is provided with the case law so that the user can download it for further study.
GST Case law on Stay on GST Applicability on Corporate Gurantee | Recent GST Case laws 2024
| High Court : Punjab & Haryana High Court Judgement 2024 |
| Name of case : Acme Cleantech Solutions (P.) Ltd. vs. Union of India |
| Date of Judgment : 03-05-2024 |
| Appeal No : CWP NO. 10249 OF 2024 |
| Judges : SANJEEV PRAKASH SHARMA AND SUKHVINDER KAUR, JJ. |
| Counsel Name : Sujit Ghosh,Abhinav Sood, Ms. Mannat Waraich, Ms. Anshika Agarwal and Anmol Gupta, |
| Fact of the Case: The petitioner is arguing that a specific clarification mentioned in a circular dated 27.10.2023 about the tax implications of a ‘corporate guarantee’ given by one related person for another, or by a holding company for its subsidiary’s credit facilities, goes against the powers of the Appellate Authority. They believe this clarification is like making a judgment or decision, which is not the purpose of filing an appeal, and therefore, it shouldn’t be considered valid. |
| Held by court : This instruction means that Circular No. 204/16/2023-GST dated 27-10-2023, specifically regarding Item No.2, will not have any effect or operation for now and it shall remain suspended. The Appellate Authority can proceed to decide the case of the taxpayer without considering or being influenced by the clarification provided in the mentioned Circular. |
| In favor of : Assessee |
| Topic of GST : Corporate Guarantee by related person |
| Section of GST: Section 9 of CGST Act,2017 |
GST Case law on Unfair Proceedings by Ignoring Evidence and Denying Opportunity for Clarification | Recent GST Case laws 2024
Calcutta High Court say the decision to demand additional taxes from the taxpayer was made due to a misunderstanding as the certificates proving tax payment from suppliers were disregarded, thus necessitating a reversal of the decision.
| High Court : Calcutta High Court Judgement 2024 |
| Name of case : Lokenath Construction (P.) Ltd. vs. Tax/Revenue, Government of West Bengal |
| Date of Judgment : 02-05-2024 |
| Appeal No : WPA NO. 5222 OF 2024 |
| Judges : T.S. SIVAGNANAM, C.J. HIRANMAY BHATTACHARYYA, J. |
| Counsel Name : T.M. Siddique, Arnab Chakraborty, Aniket Chaudhury, Tanoy Chakraborty, Saptak Sanyal |
| Fact of the Case: The tax authorities issued a notice to a business, saying that they had wrongly claimed a tax credit on their purchases. The authorities claimed that the business couldn’t prove that the suppliers they bought from had actually paid their taxes to the government.The business tried to defend itself by providing certificates from Chartered Accountants, saying that the suppliers did pay their taxes. However, the tax authorities didn’t accept these certificates. They said that the information in the certificates didn’t match the information available on the government’s online tax portal. As a result, the tax authorities upheld their original demand for the wrongly claimed tax credit. |
| Held by court : The tax authorities didn’t give the business a chance to explain things properly. They didn’t ask the business for any clarifications before making their decision. Also, they ignored important documents provided by the business, like the tax invoices and certificates from Chartered Accountants. This was a mistake on their part and not fair to the business.If the tax authorities doubted whether the suppliers paid their taxes, they should have checked with the suppliers first. It’s not right to penalize the business without doing that. So, the decision they made to demand the wrongly claimed tax credit should be overturned because it was unfair and not done properly. |
| In favor of : Assessee |
| Topic of GST : Demand & Recovery & wrongfully availed ITC |
| Section of GST: Section 73 & 16 of CGST Act,2017 |
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