12 IMPORTANT GST CASE LAWS 01.03.2025
Here’s a table summarizing the key points from the case laws:
Section | Case Law Title | Brief Summary | Citation |
2 | Nand Kishore Gupta v. Additional Director General | Cash is not a ‘good’ under the CGST Act. | Click Here |
16 | Shiv Construction Company v. Additional Commissioner | ITC claims can be reconsidered in light of amendments to Section 16(5). | Click Here |
73 | Maipper Precision Plastics v. Deputy State Tax Officer | Assessment orders without proper service are invalid. | Click Here |
73 | Chinnadurai Saravanan v. Deputy State Tax Officer | Assessment orders based on mismatches in GSTR returns can be set aside. ITC Claim Remanded; Partial Deposit Required; Fresh Opportunity for Objections | Click Here |
29 | Ram Niwas v. Commissioner of Central Goods and Services Tax | Temporary suspension of business cannot warrant GST registration cancellation. | Click Here |
30 | Ashis Roychowdhury v. State of West Bengal | Registration can be restored upon payment of outstanding dues. | Click Here |
67 | Nand Kishore Gupta v. Additional Director General | Cash and silver bars cannot be seized under section 67. | Click Here |
73 | DRJ Petrochem (P.) Ltd. v. Sales Tax Officer | Parallel proceedings under CGST and SGST can be stayed if the same period is under investigation by DGGI. | Click Here |
73 | Saravana Selvarathinam Retail (P.) Ltd. v. Commissioner of Central Taxes (CGST) | GST amount deposited without a show-cause notice cannot be retained. Deposit During Investigation Cannot Be Retained Without Adjudication; State GST Authority to Issue Show Cause Notice | Click Here |
75 | Garg Exim v. Directorate General of GST Intelligence | A writ petition can be disposed of without granting access to documents if the adjudication proceedings are concluded. | Click Here |
107 | AR Foundations (P.) Ltd. v. Appellate Deputy Commissioner (ST) | An appeal can be restored if pre-deposit was made through an alternative method due to technical difficulties. GST Appeal Restored; Voluntary Pre-Deposit in Form GST DRC-03 instead of DRC 03A Valid | Click Here |
154 | Maa Sarala Fly Ash Bricks v. Commissioner of CT and GST | Proceedings can be quashed if the revenue fails to procure samples for analysis. | Click Here |
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