GST Vidhi | GST Case Law


Cylos Consulting Private Limited vs. Union Territory of Chandigarh and Others ( High Court of Punjab and Haryana at Chandigarh)

21/12/2024

Presuming a firm's non-functionality based solely on the absence of personnel during a single inspection is unreasonable – Punjab and Haryana

AB Enterprises vs. Commissioner of Delhi Goods and Services Tax (Delhi High Court)

12/12/2024

Delhi High Court Ensures Procedural Fairness in GST Refund Process: Application Deemed Compliant

M/s. Summit Exim vs. The Assistant Commissioner (ST), Muthialpet Assessment Circle (Madras High Court W.P. No.35634 of 2024)

10/12/2024

Madras High Court Restores Natural Justice in GST Assessment: Conditional Relief Granted

Tvl. Jayalakshmi Auto Products vs. Union of India & Others (Madras High Court)

02/12/2024

Relief Granted for Belated ITC Claim under Amended Section 16 by Introducing subsection (5) of CGST ACt: Upholding Natural Justice and Procedural Fairness

M/s SPK and Co vs. The State Tax Officer (Madurai Bench of the Madras High Court)

30/11/2024

The time limit for filing an appeal should begin from the date of the rectification order, rather than from the date of the original assessment order

M/s.Regal Engineers & Contractors Pvt Ltd Vs. Assistant Commissioner of CGST & CE ( Madras High Court)

02/11/2024

High Court Mandates CGST Authority to Process Refund Application, Disregarding Limitation Due to Delayed Deficiency Memo

M/s Anishia Chandrakanth vs. The Superintendent, Central Tax & Central Excise, Audit Circle (Kerala High Court)

25/10/2024

GSTR-9C Reconciliation Statements Exempt from Late Fees - Kerala High Court

M/s Triloki Trading vs. Directorate General of GST Intelligence (DGGI) (Delhi High Court)

24/10/2024

Delhi High Court directs Triloki Trading to challenge bank account attachment, orders swift disposal of objections

M/s Patil Construction & Infrastructure Ltd. vs. The Commissioner of State Tax & Ors. (Bombay High Court)

23/10/2024

Bombay High Court quashes GST bank account attachment, demands stricter compliance with legal standards

GST Registration Cannot Be Suspended for Long Without Completing Proceedings: Delhi High Court

20/10/2024

Delhi High Court Tells CGST Authorities to Finish SCN Proceedings in 3 Weeks, Calling Suspension Unfair

M/s NRC.Spin Tex vs. The Assistant Commissioner (ST), Vellakoil, Tiruppur III (Madras High Court)

18/10/2024

Madras High Court condones delay in filing GST appeal, directs appellate authority to hear case on merits

HCL Infotech Ltd vs. Commissioner, Commercial Tax and Another (Allahabad High Court)

15/10/2024

Allahabad High Court quashes Section 74 CGST notice for lack of fraud allegations, leaving room for fresh proceedings with proper jurisdiction

M/s Oscar Enterprises Vs. Commissioner of Delhi GST and Another (Delhi High Court)

13/10/2024

Delhi High Court Quashes Retroactive GST Registration Cancellation for M/s Oscar Enterprises, Limits Cancellation to Date of Show Cause Notice

AXA France Vie-India Vs. Union of India & Ors. (Delhi High Court)

10/10/2024

Court Quashes GST Demand on Reinsurance Services Provided Under Government Insurance Schemes

The Madurai Bench of the Madras High Court allowed claiming Input Tax Credit

03/09/2024

Summary Of Case: Telefine Paper Products vs. The Deputy State Tax Officer-2, Kamarajar Salai Assessment Circle, Madurai District (Respondent).

Chief Commissioner of Central Goods and Services Tax & Ors. vs. M/s Safari Retreats Pvt. Ltd. & Ors.

06/10/2024

Supreme Court’s Landmark Judgment on Blocking Input Tax Credit for Construction Materials Used for Renting Purposes

M/s Rajat Foods India vs. The Assistant Commissioner (ST), Washermenpet (C) Assessment Circle, and Deputy State Tax Officer-1 (Madras High Court)

30/09/2024

Court Sets Aside Assessment Order Due to Lack of Hearing, Directs Reconsideration of Case on Payment of 10% Tax

M/s Arun Medicals Vs. Assistant Commissioner ( Madras High Court - W.P. No. 28035 of 2024)

30/09/2024

Madras High Court Quashes GST Assessment Order: Orders Reassessment with Personal Hearing and Lifts Bank Account Attachment

M/s. Professional Car Decors vs. The Superintendent of CGST & C.Ex., Range IV, T.Nagar Division (Madras High Court)

27/09/2024

Court Revokes GST Cancellation Due to Address Discrepancy, Orders Restoration of Registration with Conditions on ITC and Tax Filing

M/s. Frontline Engineering Services vs. The Deputy State Tax Officer-II, Loan Square Assessment Circle & Others (Madras High Court)

27/09/2024

Court Sets Aside GST Orders Due to Lack of Personal Hearing, Directs Reconsideration After Providing Opportunity to File Objections

M/s Shree Kunj Bihari Infracon Private Ltd vs. State of U.P. and Others (Allahabad High Court)

21/09/2024

Letter of Demanding Voluntary Payment Without Show Cause Notice is Unlawful - Allahabad High Court

M/s N A Enterprises vs. State of U.P. and 2 Others (Allahabad High Court)

21/09/2024

Failure to Attend Personal Hearing Leads to Dismissal of GST Petition: Allahabad High Court Upholds Tax Order After Petitioner Fails to Respond to Notice

M/S A.R. Enterprises Vs. Additional Commissioner Central Goods and Service Tax, Appeal Lucknow and 2 Others (Allahabad High Court)

21/09/2024

Financial hardship and Illness cannot bar a petitioner from being heard on merits: Allahabad High Court

M/S Fadil Enterprises v. State of U.P. and Another (Writ Tax No. 1333 of 2024): (Allahabad High Court)

20/09/2024

Goods to be Released as per Section 129(1)(a) of CGST Act: Allahabad High Court Quashes Order

M/S Patel Beej Bhandar v. State of U.P. and Another (Writ Tax No. 1299 of 2024): (Allahabad High Court)

20/09/2024

Dismissal of Appeal for Delay in Filing Certified Copy of Order Quashed: Allahabad High Court Remands the Matter

Kanika Dhingra v. State of U.P. (Criminal Misc. Bail Application No. 25547 of 2024) (Allahabad High Court)

20/09/2024

Bail Denied in Rs. 300 Crore GST Fraud Case: Allahabad High Court Finds Financial Transactions in Petitioner’s Account Suspicious

M/s Shivpad Engineers Pvt. Ltd. vs The Deputy Commissioner (ST) & The State Tax Officer (Madras High Court)

19/09/2024

Technical Delays Should Not Deny Access to Justice: Madras High Court Grants Fresh Opportunity in GST Appeal Filing

Tvl. Oswal Trade Links vs Deputy Commercial Tax Officer II & Others (Madras High Court)

19/09/2024

Madras High Court Upholds Right to a Fair Hearing, Orders Fresh Consideration in GST Dispute Following Procedural Violation

Tamil Nadu Handloom Development Corporation Ltd. vs Deputy State Tax Officer -2 & Union Bank of India (Madras High Court)

19/09/2024

Madras High Court Remands GST Assessment Case, Cites Failure to Consider Reply as Violation of Natural Justice

Mohanasundaram Senthilvelu, Proprietor of Tamilnaddu Machine Works Vs. The State Tax Officer, Mettur Assessment Circle (Madras High Court)

19/09/2024

Violation of Natural Justice in GST Proceedings: Court Remands Case for Fresh Hearing and Lifts Bank Attachment

M/s. Sri Shivasakthi Mercantile Private Ltd Vs. The Assistant Commissioner (State Tax), Tondiarpet Assessment Circle (Madras High Court)

19/09/2024

Violation of Jurisdiction in Parallel GST Proceedings: Court Sets Aside State Authority's Orders and Lifts Bank Attachment

Tvl. R. Selvarathinam Vs. The Deputy State Tax Officer - II, Villivakkam Assessment Circle, Chennai (Madras High Court)

17/09/2024

Recovery Proceedings should be Deferred until the Appeal is resolved - Madras High Court

M/s Suburban Industrial Works Pvt. Ltd. Vs. The Assistant Commissioner, Bhowanipur Division, CGST & CX, Kolkata South Commissionerate & Ors (Calcutta High Court)

17/09/2024

Court Grants Stay on Tax Demand: GST Amendment to Section 16(5) Raises Questions on Validity of Assessment

M/s. Chendur Film International vs The Superintendent of GST & Central Excise & Others (Madras High Court)

11/09/2024

Madras High Court restore the GST registration considering the petitioner's financial situation

M/s. Alliance Granimarmo Pvt. Ltd. vs The Assistant Commissioner (ST) (FAC) & Others (Madras High Court)

11/09/2024

Non-Providing Proper Opportunity of Personal Hearing before the Tax Demand confirmed is a Violation of Principles of Natural Justice

M/s. Om Sakthi Leather Finishers vs Union of India & Others (Madras High Court)

11/09/2024

Madras High Court Orders Release of Bank Attachment: Failure to Provide a Proper Opportunity for a Personal Hearing Before Confirming Tax Demand Violates the Principles of Natural Justice

M/s. Vijay Bio Fertilizer and Co. vs The State Tax Officer, Erode Division (Madras High Court)

11/09/2024

Non-consideration of Petitioner's Payments and Clarifications, Constituting a Violation of the Principles of Natural Justice

Candour Auto Components Vs. Deputy Commercial Tax Officer/Deputy State Tax Officer-2, Kundrathur Assessment Circle (Madras High Court)

11/09/2024

Court Sets Aside GST Demand Order Due to Lack of Physical Service of Notice and Remands Case for Fresh Hearing

M/s. S.R. Steels vs. The Deputy State Tax Officer (Madras High Court)

11/09/2024

Madras High Court Quashes Tax Order Against Deceased Person, Remits Case for Fresh Consideration

Candour Auto Components Vs. Deputy Commercial Tax Officer/Deputy State Tax Officer-2, Kundrathur Assessment Circle (Madras High Court)

07/09/2024

Court Sets Aside GST Demand Order Due to Lack of Physical Service of Notice and Remands Case for Fresh Hearing

M/s. ELLA TEA INDUSTRY vs. The Deputy State Tax Officer-I, Kotagiri Assessment Circle (Madras High Court)

03/09/2024

High Court of Madras Sets Aside Reopened GST Demand Order Against Ella Tea Industry for FY 2018-2019, Citing Violation of Natural Justice

M/s. Ohm Sakthi Blue Metals vs. The Superintendent of GST & Central Excise, Villupuram Range (Madras High Court)

03/09/2024

Madras High Court Quashes GST Demand Against Ohm Sakthi Blue Metals Due to One-Day Delay in Filing GSTR-3B Amidst COVID-19

M/s. Chetna Steel Tubes Private Limited vs. Goods and Service Tax Network (GSTN) & Others (Madras High Court)

03/09/2024

Madras High Court Upholds GST Circular and Dismisses Double Taxation Claims by Chetna Steel Tubes

M/s. Aatral Associates vs. State Tax Officer & Another (Madras High Court : W.P.No.21208 of 2024 )

02/09/2024

Challenging Penalty After Tax Payment is Lawful: Court Rules Appeal Rejection Improper

M/s. Greater Chennai Fine Stamping Private Ltd. vs. Deputy State Tax Officer – 1 & Another (Madras High Court : W.P.No.21017 of 2024)

02/09/2024

Not being provided with a reasonable opportunity to respond constitutes a violation of the principles of natural justice

Tvl. Sakthi Precision vs. State Tax Officer (Madras High Court : W.P.No.21500 of 2024)

02/09/2024

An order passed without granting an opportunity for a hearing is not maintainable and constitutes a violation of the principles of natural justice

Sanjay Goel (Director of M/s Master India Pvt. Limited), M/s M. S. Metal Co., Sunil Gupta (Partner of M/s M. S. Metal Co.), and M/s Master India Pvt. Limited. Vs. Commissioner of Central Goods and Service Tax, Delhi (East).

31/08/2024

Statement obtained under duress and Mental Pressure is not admissible as voluntary admissions and burden of proof for the alleged clandestine removal rested with the department

M/S Malik Traders vs. State of U.P. and Others (Allahabad High Court : WRIT TAX No. 1237 of 2021 )

28/08/2024

Court Upholds Demand Against Malik Traders for Wrong Availment of ITC Due to Lack of Evidence on Physical Movement of Goods

M/S Shiv Trading vs. State of U.P. and Others ( Allahabad High Court : WRIT TAX No. 1421 of 2022 )

28/08/2024

Tax Invoice, Eway Bill, GR or Payment Details Not Sufficient To Prove Physical Movement of Goods: Allahabad High Court Upholds Penalty U/S 74 of GST

Bright Power Projects India Pvt. Ltd. Vs. The Assistant Commissioner (ST) (FAC), Suramangalam Circle, Salem (Madras High Court)

24/08/2024

Madras High Court Sets Aside GST Order Due to Violation of Natural Justice, Orders Reconsideration

M/s Peritus Solutions Private Limited Vs. The Commercial Tax Officer, Velachery Assessment Circle, Chennai (Madras High Court)

24/08/2024

Madras High Court Quashes Tax Order Over Portal Notification Issue, Emphasizes Natural Justice

Viterra India Pvt Ltd. vs. Union of India and Others (Madras High Court)

24/08/2024

Madurai High Court Orders Refund of GST on Ocean Freight Services, Upholds Supreme Court’s Decision in Favour of Assessee

Witzenmann India Private Limited vs. The Assistant Commissioner (State Taxes) (Madras High Court)

24/08/2024

Madras High Court Quashes GST Order Due to Violation of Natural Justice, Orders Fresh Hearing

M/s. Prestige Marketing vs. The State Tax Officer & Anr. (Madras High Court )

23/08/2024

Upholding the Right to Be Heard in GST Proceedings

M/s. Road Linkers Express Service vs. The Assistant Commissioner (ST) & Anr. (Madras High Court )

23/08/2024

Ensuring Due Process in GST Assessments: The Right to be Heard

M/s. Landmark Creations vs. The Deputy State Tax Officer & Anr. (Madras High Court)

23/08/2024

Reaffirming the Importance of Natural Justice in Tax Proceedings

Kaliappa Indane Gas Agencies vs. The State Tax Officer (ST) (Madras High Court : W.P.No.21932 of 2024)

22/08/2024

Madras High Court Condones Delay, Orders Fresh Hearing in GST ITC Dispute Due to Violation of Natural Justice

M/s Vijay Engineering Works Vs. The Commercial Tax Officer, Ekkatuthangal Assessment Circle (Madras High Court : W.P. No. 22308 of 2024)

22/08/2024

Violation of Natural Justice Leads to Quashing of Ex Parte GST Order by Madras High Court

M/s Sri Murugan Traders Vs. The Commercial Tax Officer, Harur Circle, Dharmapuri, Hosur (Madras High Court : W.P. No. 22314 of 2024)

22/08/2024

Madras High Court Quashes GST Order Due to Non-Consideration of Petitioner's Reply, Cites Violation of Natural Justice

M/s. Holy Cross Hospital vs. The Assistant State Tax Officer ( Kerala High Court : WP(C) No. 24344 of 2023 )

21/08/2024

Kerala High Court Provides Relief to Taxpayers in Early GST Disputes: Allows Retrospective Extension for ITC Claims

M/S Key Systems Vs. State Tax Officer (Kerala High Court : WP(C) No. 26839 of 2024)

16/08/2024

Kerala High Court Directs Reconsideration of ITC Denial Due to Discrepancy Between Provisional and Permanent GST Registration Numbers

Anoop Punnapuzha Mathew Vs. State Tax Officer (Kerala High Court : W.P(C) No. 27246 of 2024)

16/08/2024

Reconsideration of ITC Denial Due to Delayed Filing: Court Directs State Tax Officer to Reevaluate Petitioner’s Claim in Light of Precedent

Somaprasanth Karampudi Vs. Union of India and Others (Andhra Pradesh High Court : Writ Petition No. 14969 of 2024)

15/08/2024

High Court of Andhra Pradesh Grants Relief in GST Dispute, Remands Case for Re-Adjudication Citing Violation of Natural Justice due to possible lapse in the service of notices

M/s Sai Ram Lorry Transport Vs. Deputy Assistant Commissioner, State Tax (GST) (Andhra Pradesh High Court : Writ Petition No. 14605 of 2024)

15/08/2024

High Court Directs Reconsideration in GST Detention Case, Emphasizes Fair Hearing for Petitioner

M/S. K V R Estates vs. The Commissioner Of Central Tax And Customs (APPEALS) & Others ( Andhra Pradesh High Court : Writ Petition No. 13029 of 2024)

15/08/2024

Court Mandates Translation of GST Appeal Order to English: Protects Petitioner's Right to Legal Recourse

Arhaan Ferrous And Non Ferrous Solutions Pvt. Ltd vs. The Superintendent and Others (Andhra Pradesh High Court : W.P.No.31861/2023)

14/08/2024

Cancellation of GST Registration Quashed: Lack of Reasons and Consideration of Objections Violates Natural Justice

M/S Brothers Trade Links vs. The State Tax Officer, Chathannoor & Others (Kerala High Court : WP(C) No. 34049 of 2023)

13/08/2024

Rectification of GSTR-3B Errors: High Court Grants Liberty to Approach Appellate Authority for Correction in GST Returns

M/S Gaurav Enterprizes vs. State of U.P. and Another (Allahabad High Court : WRIT TAX No. 1181 of 2023)

13/08/2024

Ensuring Compliance with Natural Justice in GST Proceedings: The Imperative of a Personal Hearing

M/S Sumit Enterprises (Proprietor: Atul Kumar) vs. State of U.P. & Others (Allahabad High Court :WRIT TAX No. 167 of 2023 )

12/08/2024

Violation of Natural Justice in GST Proceedings: High Court Quashes Orders Issued Under Section 74 Due to Lack of Personal Hearing

Party Time Hospitality Prop. Smt. Punita Gupta Lko. vs. State of U.P. & Others (Allahabad High Court : WRIT TAX No. 176 of 2023 )

12/08/2024

Court Quashes Tax Demand Order issued under section 74: Lack of Personal Hearing Under GST Act Leads to Reversal

Shiv Gopal Traders vs. The State of Bihar & Ors. (Patna High Court : Civil Writ Jurisdiction Case No. 9000 of 2022)

11/08/2024

Patna High Court Quashes Ex Parte CGST Penalty Order Imposed Under Section 74; Orders Fresh Hearing with Full Compliance to Natural Justice

Sri Jahar Sur Chowdhury vs. The Union of India & 5 Ors. ( Tripura High court : WP (C) 507 OF 2022)

11/08/2024

Court Overturns CGST Penalty Imposed Under Section 74 Due to ITC Discrepancy; Orders Fresh Review of Case

M/s. Greenstar Fertilizers Limited vs. The Joint Commissioner of GST and Central Excise (Madurai Bench of Madras High Court : W.P.(MD) No. 4417 of 2024)

11/08/2024

Grant of Additional Hearing Opportunity Under Section 75(5) of CGST Act: A Case of Natural Justice in M/s. Greenstar Fertilizers Ltd. vs. GST Authority

M/S Jain Cement Udyog (Through Proprietor Sh. Sanjay Jain) vs. Central Board of Indirect Taxes and Customs & Anr (Delhi High Court : W.P.(C) 3373/2024)

09/08/2024

Delhi High Court Orders Re-Adjudication in GST Dispute Due to Lack of Access to Portal Post Retrospective Cancellation of Registration

Anita Bansal Proprietress of M/S A.B. Enterprises vs. The Union of India & Anr. (Delhi High Court : W.P.(C) 4520/2024 )

09/08/2024

Delhi High Court Orders Re-Adjudication in GST Dispute After Finding Adequate Justification for Non-Response Due to Petitioner’s Family Emergency

Spinclabs Private Limited vs. The Commissioner of Delhi Goods and Services Tax and Others (Delhi High Court : W.P.(C) 4187/2024 )

09/08/2024

Delhi High Court Orders Re-Adjudication in GST Dispute After Finding Inadequate Consideration of Detailed Submissions by Spinclabs Private Limited

Kishore Projects Private Limited Vs. State of Gujarat (Gujarat High Court : R/Special Civil Application No. 25604 of 2022)

08/08/2024

Mismatch of ITC Claims: Relief Granted to Kishore Projects by Gujarat High Court

M/S Manjeet Cotton Pvt. Ltd. Vs. Commissioner of State Tax (Gujarat High Court : R/Special Civil Application No. 16857 of 2022)

08/08/2024

Natural Justice Upheld: Gujarat High Court Grants Appeal Opportunity to Manjeet Cotton Pvt. Ltd

Aartos International LLP (formerly Azuvi International LLP) vs. Deputy Commissioner (Customs) (Gujarat High Court : R/Special Civil Application No. 14649 of 2022)

07/08/2024

The court allowed the petition, directing the respondent to pay the refund along with interest and consequential benefits

M/S Randhawa Construction Co. Vs. Union of India (Gujarat High Court : R/Special Civil Application No. 22859 of 2022)

07/08/2024

GST Registration Reinstated Due to Violation of Natural Justice and Lack of Proper Hearing

M/s KCA Infrastructure vs. Learned Commissioner Adjudication Central Tax CGST Delhi East (Delhi High Court: W.P.(C) 3884/2024)

05/08/2024

Delhi High Court Remands GST Order Due to Procedural Lapses and Ensures Fair Hearing

DMI Alternatives Private Limited vs. Additional Commissioner CGST Appeals 1 Delhi & Ors. (Delhi High Court : W.P.(C) 5412/2024)

05/08/2024

Delhi High Court Extends Limitation Period for GST Refund Applications Based on Clarificatory Circular

M/S. RPJ Polymers vs. Union of India & Ors. (Delhi High Court : W.P.(C) 5376/2024)

04/08/2024

Delhi High Court Remits GST Demand Case for Fresh Adjudication After Flawed Order Set Aside

M/s. Swastik Enterprises vs. Union of India and Others (Delhi High Court:W.P.(C) 5938/2024)

02/08/2024

GST Demand Order Set Aside Due to Non-Communication of Show Cause Notice

SPS Enterprises vs. Commissioner of Delhi GST & Anr. (Delhi High Court: W.P.(C) 6053/2024)

02/08/2024

GST Demand Order Set Aside Due to Non-consideration of Detailed Reply

M/s. Birchand vs. Commissioner of DGST, Delhi and Others (Delhi High Court: W.P.(C) 9518/2024)

31/07/2024

Retrospective GST Registration Cancellation Order Set Aside for Lack of Specific Allegations and Due Process

M/s. VK Traders vs. Assistant Commissioner of Central Goods and Services Tax, Mandoli Division (Delhi High Court: W.P.(C) 9414/2024)

31/07/2024

GST Registration Cancellation Order Set Aside Due to Lack of Specific Allegations

M/s Niva Bupa Health Insurance Company Limited vs. Union of India & Ors. (Delhi High Court : W.P.(C) 8143/2024 and CM APPL.33440/2024)

30/07/2024

Delhi High Court Sets Aside Tax Order Due to Lack of Reasons, Remands Case for Fresh Adjudication

M/s Steelmart India vs. Principal Commissioner of Goods and Services Tax, South Delhi (Delhi High Court : W.P.(C) 9454/2024 CM APPL. 38765/2024)

30/07/2024

Delhi High Court Allows Petitioner to Respond to Detailed Allegations in GST Registration Cancellation Case

Smartadmedia vs. Commissioner of Delhi Goods and Service Tax & Anr. (Delhi High Court: W.P.(C) 6517/2024 & CM. APPLS. 27222/2024)

29/07/2024

Expedited Processing of GST Refund Application Directed by Delhi High Court

Arvind Sharma Vs. Superintendent, Range - 115, Central Goods and Service Tax & Anr. (Delhi High Court: W.P.(C) 6535/2024)

28/07/2024

Challenge to Retrospective Cancellation of GST Registration - The cancellation of GST registration retrospectively should be based on objective criteria and proper satisfaction by the officer

M/s. Prasad Construction and Co. Vs. Union of India (Patna High Court: Civil Writ No.10968 of 2024)

28/07/2024

GST Appeal Hindered by Absence of Appellate Tribunal: Relief Granted by High Court

M/s. Feron Life Sciences Pvt. Ltd. vs. Commissioner, Delhi GST and Others (Delhi High Court : W.P.(C) 9441/2024)

28/07/2024

GST Registration Cancellation Retrospective Date Modified by High Court

M/S Trendz vs. Sales Tax Officer Class II/AVATO, Ward 54 & Ors. (Delhi High Court : W.P.(C) 6831/2024)

23/07/2024

Demand Order Set Aside Due to Lack of Opportunity for Response Following GST Registration Cancellation

Future Generali India Insurance Company Limited vs. Goods and Service Tax Officer (GSTO) Ward 203 & Ors (Delhi High Court : W.P.(C) 7747/2024 & CM APPLs. 32139-40/2024)

22/07/2024

Delhi High Court Sets Aside Non-Speaking GST Demand Order Against Future Generali India Insurance Company Limited

M/S Rosmerta HSRP Ventures Private Limited vs. Union of India & Ors. (Delhi High Court : WP (C) 1061/2024)

22/07/2024

Restoration of GST Registration Due to Lack of Specific Reasons and Proper Notice in Retrospective Cancellation.

Mitsubishi Electric India Private Limited Vs. Union of India & Ors. (Delhi High Court: W.P.(C)-7443/2024)

21/07/2024

Procedural Deficiencies in GST Assessment Lead to Remand for Fresh Consideration - Delhi High Court

Samsung India Electronics Private Limited Vs. Union of India & Ors. (Delhi High Court: W.P.(C) 7351/2024)

21/07/2024

Procedural Lapses in GST Audit Lead to Remand for Fresh Adjudication - Delhi High Court

M/S JIG Brothers vs. Sales Tax Officer Class II/AVATO, Ward 63 & Ors. (Delhi High Court: W.P.(C)-7637/2024 & CM APPL. 31784/2024)

20/07/2024

Remittance for Re-adjudication Due to Unawareness Caused by Accountant's Maternity Leave

Alka Enterprises Vs. Union of India & Ors (Delhi High Court: W.P.(C) 6816/2024 & CM APPLs. 28413-14/2024)

20/07/2024

Remittance for Re-adjudication Due to Unawareness Caused by GST Registration Cancellation and Illness

M/s Jindal Trading Co. vs. Union of India and Others (Delhi High Court: W.P.(C) 5966/2024 & CM APPL. 24768/2024)

19/07/2024

High Court of Delhi Orders Re-adjudication of GST Demands Against M/s Jindal Trading Co. Due to Procedural Deficiencies in Show Cause Notices and Insufficient Consideration of Petitioner's Replies

M/s. Greenstar Fertilizers Limited Vs. The Joint Commissioner (Appeals), Office of the Commissioner of GST and Central Excise (Appeal) (Madras High Court W.P. No.: 26254 of 2022 )

11/07/2024

Madras High Court Sets Aside Heavy Penalty, Imposes Token Penalty of Rs. 10,000 Due to Unique Case Circumstances

M/S. INDO SWISS GEMS CO. vs. UNION OF INDIA AND OTHERS (Calcutta High Court: W.P. No.: WPA 13141 of 2024)

08/07/2024

Omission in Assessment: Section 15(1) of CGST/WBGST Act, 2017 Ignored by Authorities

S. Anand Sathya vs. The Superintendent of CGST and Central Excise, and others (Madras High Court : W.P. No.: W.P.(MD) No.11646 of 2024)

08/07/2024

Ensuring Fair Defense: Respondent's Obligation in Tax Dispute of Deceased Father

M/s.Gayathri Construction vs. Assistant Commissioner (ST) (FAC) (Madras High Court : W.P.No. 15851 of 2024)

07/07/2024

Writ Petition Challenging GST Assessment Order Due to Procedural Injustice and Mismatch in Returns

M/s. Harsh Polyfabric Private Limited Vs. Union Of India (Calcutta High Court : W.P.O 588 of 2019 With W.P.O 235 of 2021 )

07/07/2024

GST Classification Conflict: Refund of Input Tax Credit for PPSB Bed Sheets

M/S. Bangalore Golf Club vs. Commercial Tax Officer (Enforcement)-50 & Others (Karnataka High Court: Writ Petition No. 8050 of 2024 (T-RES))

02/07/2024

High Court of Karnataka's Ruling on Procedural Fairness in Tax Adjudication Under the KGST Act

M/S. Bhawar Life Style vs. Commercial Tax Officer (Enforcement) South Zone-CTO-59 & Others (Karnataka High Court: W. P. No. 12025 of 2024 (T-RES) )

02/07/2024

High Court of Karnataka's Ruling on Procedural Fairness in Tax Adjudication under the KGST/CGST Act, 2017

Sri Suvarna Enterprises vs. The Superintendent of Central Tax (Karnataka High Court: W.P. No.: 25464 of 2023 )

02/07/2024

Challenge to GST Registration Cancellation Due to Non-Submission of Returns

M/S Hitachi Energy India Ltd Vs. State GST Authority (Karnataka High Court: Application No. WP. No. 14785 of 2024)

01/07/2024

High Court of Karnataka: Quashing of GST Appeal Dismissal Due to Procedural Delays

SHREE VINAYAK ASSOCIATES Vs. CHIEF COMMISSIONER (Uttarakhand High Court: Application No. WPMS/1515/2024)

28/06/2024

Uttarakhand High Court allowed the application for the revocation of the cancellation order under Section 30 of the CGST

Indorama Industries Limited Case Vs. Union of India (Himachal Pradesh High Court: Application No. : CWP No. 1085 of 2019)

22/08/2022

The levy and collection of taxes are in strict compliance with legislative provisions - Himachal Pradesh High Court

Ultra Tech Cement Ltd. vs. Union of India & Others (Himachal Pradesh High Court : Application No.: CWP NO. 2437 of 2020)

13/06/2024

Absence Of A Personal Hearing And Failure To Provide Reasons For Rejecting The Claims Of Electonic Credit Balance Is Violation The Principal Of Natural Justice

M/S AMN LIFE PVT. LTD. vs. UNION OF INDIA & OTHERS (Himachal Pradesh High Court: Application No. CWP No.7919 of 2022)

10/06/2024

Circular Cannot Override Rule 97A And Allowed Mannual Application of Refund Under Goods and Services Tax - Himachal Pradesh High Court

JAL ENGINEERING VS. UNION OF INDIA THROUGH SECRETARY (Gujarat High Court: R/Special Civil Application No. 5040 of 2021)

16/12/2021

Technical Errors Should Not Prevent The Rightful Refund Under GST Provision

Rotomag Motors and Controls Pvt Ltd Vs. State of Gujarat (Gujarat High Court: R/Special Civil Application No.: 12920 of 2022)

14/09/2022

Court Directs Refund of CGST and addresses critical issues of procedural compliance under the GST regime.

Jai Jawan Jai Kisan Suppliers Vs. the State of Gujarat (Gujarat High Court: Special Civil Application No. 11007 of 2019)

26/06/2019

The case of Jai Jawan Jai Kisan Suppliers versus the State of Gujarat highlights the judiciary's role in balancing taxpayer rights with regulatory enforcement under the GST regime.

India Logistics and Cargo Movers vs. The State of Gujarat (Gujarat High Court: R/Special Civil Application No.: 15178 of 2019)

24/09/2024

The High Court of Gujarat at Ahmedabad delivered a significant decision in the case of India Logistics and Cargo Movers vs. The State of Gujarat (R/Special Civil Application No. 15178 of 2019), highlighting crucial issues surrounding procedural fairness and legal compliance under the Goods and Servi

AB TRADERS Vs. STATE OF GUJARAT (Gujarat High Court : R/Special Civil Application No.: 18391 of 20213)

24/12/2021

High Court of Gujarat's ruling in AB Traders vs. State of Gujarat underscored the importance of adherence to statutory provisions governing the release of seized goods under the GST Act

POOJA DEHY FOODS PVT. LTD. Vs. UNION OF INDIA (Gujarat High Court: R/SPECIAL CIVIL APPLICATION NO.: 90/3076/226/2815 of 2022)

21/09/2022

Court Orders to GST Authority To Issue CGST Refund By Following Government Notification

M/S Hanuman Trading Co. Vs. State of Gujarat (Gujarat High Court: Special Civil Application No. 6129 of 2019)

19/02/2020

The High Court of Gujarat reaffirms the judiciary's role in ensuring adherence to statutory requirements and upholding principles of fairness and natural justice in administrative actions under the GST regime

Star Health and Allied Insurance Company Ltd. v. Commissioner of ST (Madras High Court : Writ Petition No.: 30494 of 2023)

20/10/2023

Failing to Pass Speaking Order and lacking of detailed explanation of why the Petitioner replies were not accepted,leading to a violation of the principles of natural justice.

Comfort Shoe Components Vs.Assistant Commissioner (Madras High Court W.P. Nos. 34770, 34774 & 34777 of 2023)

14/12/2023

The Honorable Madras High Court directed the petitioner to apply for condonation of delay and for the respondent to consider the application accordingly

Trans Car India Private Limited vs. GST Authorities (Madras High Court W.A.No.3497 of 2023)

19/12/2023

The Honorable Madras High Court provided relief to Trans Car India Private Limited by extending the time limit for filing an appeal and making the pre-deposit

Mohana Blue Metal vs. Assistant Commissioner, Vanagaram Assessment Circle(Madras High Court W.P. No. 32728 of 2023 )

14/12/2023

The Honorable Madras High Court directed to respondent to accept GST Registration restoration application filed by the petitioner

M/s. Cholaa Tapes vs. GST Authorities Vs Deputy Commissioner of GST & Central Excise

15/12/2023

The Honorable Madras High Court directed to petitioner to avail the benefit of amnesty to file Appeal

M/s. Sastha Traders vs. The Superintendent GST and Central Excise (Madras High Court - WP No. 35770)

21/12/2023

High Court of Madras Sets Aside Cancellation Order and directs GST Authority to Reopen the GST portal

Sundaram Finance Limited v. Assistant Commissioner of GST & Central Excise (Madras High Court: W.P. No. 4076 of 2019)

19/02/2019

Authorities should issue proper notices and grant opportunities for representation before proceeding with the recovery of tax dues under Section 78

AAP and Co., Chartered Accountants vs. Union of India (2019) (Gujarat High Court)

19/06/2019

Restriction imposed by the time limit is a reasonable measure and does not violate Article 14 or any other fundamental rights of the petitioner

M/s. Vishnu Aroma Pouching Pvt. Ltd. vs. Union of India (2020) (Gujarat High Court)

07/10/2020

Denying ITC due to procedural lapses, despite fulfillment of substantive conditions, is against the principles of natural justice and the legislative intent of the GST law

Ms.D.Y.Beathel Enterprises, Vs. The State Tax Officer (Data Cell), (Madras High Court - W.P.(MD)No.2127 of 2021 DATED 24.02.2021)

24/02/2021

Assessee cannot be denied ITC if the supplier has defaulted in payment of tax after issuance of a valid invoice and filing of returns by the assessee

Cargotec India Private Limited Vs. The Assistant Commissioner (ST),( W.P.No.13104 of 2023and W.M.P.No.12870 of 2023 DATED : 23.04.2024)

23/04/2024

Invoking of Provision of section 78 for recovery under this Act without any satisfactory reason is untenable – Madurai Bench of Madras High Court

M/s. Shenoy Traders Vs. The Assistant Commissioner (ST) (W.P.No.10098 of 2024: DATED: 24.04.2024)

24/04/2024

The Madurai Bench of Madras High Court Ordered that the Impugned Order shall be treated as corrigendum in DRC-01 as it suffers from violation of the principles of natural justice.

M/s.Amar Trading Corporation Vs. Union of India & others (W.P(MD)No.4572 of 2024 andWMP(MD) No.4413 of 2024)

28/02/2024

The Madurai Bench of Madras High Court directed the GST Department to extend the benefit of waiver of late fee granted vide notification

M/s.Sri Desikanathar Textiles Private Limited Vs. Union of India & Others (W.P.(MD) No.7252 of 2020)

24/02/2024

Denial of benefit of Input Tax Credit which is a beneficial scheme and framed with the larger public interest of bringing down the cascading effect of multiple taxes ought not to be frustrated on the ground of technicalities where substantial compliance followed

Theni Ply Woods Vs. The Assistant Commissioner (ST) (W.P.(MD)No.2617 of 2024 and W.M.P.(MD)Nos.2637 and 2639 of 2024)

08/02/2024

The Madras High Court allowed petitioner to file an application under Section 161 of GST Act where the assessing Officer has passed an order treating the entire purchase value of sundry credit as tax liability, instead of deducting the ITC Tax element involved on the sundry creditors

M/s.Selva Ganesh Constructions Private Limited Vs. The Deputy State Tax Officer (W.P.No.8086 of 2024 and W.M.P.Nos.9037 & 9038 of 2024)

28/03/2024

Court is of the view that an opportunity should be provided where SCN issued after cancellation of GST Registration and the register taxpayer was unaware about the SCN

M/s.Vimal Traders Vs. The Assistant Commissioner (State Tax) (W.P.No.7117 of 2024 and W.M.P.Nos.7817 & 7820 of 2024)

03/02/2024

The impugned order calls for interference because the reasons for rejecting such reply do not find place in the impugned order

Ingram Micro India Pvt. Ltd Vs. State Tax Officer (Writ Petition No.594 of 2024 and W.M.P.Nos.577 & 578 of 2024)

01/12/2024

The assessing authority has clearly not applied its mind before drawing the conclusions in above case, Therefore, the impugned order is liable to be and is hereby quashed

DSV Air and Sea Private Limited Vs. State of Tamil Nadu (WP.8153/2024)

27/03/2024

The Madras High Court ordered that imposition of GST on trade payables by treating the total tax payables as taxable supplies is prima facie untenable, the impugned order is quashed subject to the condition that the petitioner remits 10% of the disputed tax demand under all heads, except trade paya

M/s. Metal India Corporation V/s Assistant Commissioner (WP.8564/2024)

28/03/2024

Madras High Court has ordered the matter is remanded for reconsideration where mistake was committed inadvertently while filing the GSTR 3B return in as much as the petitioner wrongly entered eligible Input Tax Credit (ITC) in -Inward Supplies (Liable to Reverse Charge)- instead of -All other ITC

M/s.Alamelu Construction Vs. Assistant Commissioner of GST & Central Excise (WP.9681/2024)

12/04/2024

Madras High Court allowed Time-barred Appeal Under Section 107 and Directed to the appellate authority to receive and dispose of the same on merits without going into the question of limitation

M/s.Eicher Motors Ltd Vs. Additional Commissioner (WP.7638/2024)

22/03/2024

Even proceeding on the basis that the petitioner was lax in reporting the mistake within a reasonable period, such laxity does not justify the imposition of liability. For reasons set out above, the impugned order is quashed and the matter is remanded for reconsideration.

Thai Mookambikaa Ladies Hostel Vs. Union of India

22/03/2024

Services of Renting out the hostel rooms to the girl students and working women are covered under Entry Nos.12 and 14 of the Notification No. 12/2017~Central Tax (Rate) dated June 28, 2017, and are entitled to be exempted from levy of GST.

Tvl. Vishnu Ads, Vs. The State Tax Officer & Central Intelligence Cell

22/03/2024

The writ petitions are filed challenging the orders of assessment under the Tamil Nadu Goods and Services Tax Act, 2017 (hereinafter referred to as “TNGST Act”) on the limited premise that the opportunity that has been granted is inadequate and not in compliance with Section 75(4) of TNGST Act.

Sri Kamatchi Stores Vs. The Deputy State Tax Officer

25/03/2024

Grant of reasonable opportunity for the production of records to prove that the Input Tax Credit availed and utilized as per the provisions of U/s 16(2) of the TNGST Act, 2017 and thereafter issue a fresh order vide WP.7850/2024

M/s.Vel Steel Tubes and Engineering Pvt. Ltd Vs. The Assistant Commissioner (ST)

25/03/2024

Sufficient opportunity of being heard should be given before passing final order vide WP.7817/2024

M/s.Angel Label Division & Angel Zippel (HUF) Vs. Assistant Commissioner (ST)

26/03/2024

Grant of permission to the petitioner to remit the demand in fifteen equal monthly installments WP.8193/2024

M/s.Salem Kandaa Textile Mills (P) Ltd Vs. State Tax Officer

26/03/2024

Sufficient opportunity of being heard should be given before passing final order vide W.P.No.8105 of 2024 and W.M.P.Nos.9051 & 9053 of 2024

C.Selladurai Vs. The Deputy State Tax Officer

27/03/2024

No recovery of GST on royalty until the Nine Judge Constitution Bench takes a decision vide W.P.No.7923 of 2024 and W.M.P.Nos.8891 & 8893 of 2024

Rice Lake Weighing Systems India Ltd Vs. State Tax Officer

26/03/2024

Denial of a personal hearing undoubtedly contravenes the statutory prescription - W.P.No.7855 of 2024

Jagdish Bansal v. Union of India

26/02/2024

High Court Ruling On “Seizure Of Cash” During The Search Conducted At The Premises Of Register Taxpayer – Goods and Services Tax

Nitesh Jain Mangal Chand Vs. The Senior Intelligence Officer DGGI

03/04/2023

Madras High Court Orders Removal of Long-standing Provisional Bank Account Attachments