17 IMPORTANT GST CASE LAW 20.02.2025

By | March 4, 2025

17 IMPORTANT GST CASE LAW 20.02.2025

SectionCase Law TitleBrief SummaryCitation
16Aamutham Enterprises v. Superintendent of Central GST and Central ExciseInput tax credit can be availed after the due date for FY 2019-20 due to a retrospective amendment.Click Here
29Prem Kumar Pugalia v. Commissioner of CGSTRejection of a voluntary cancellation application cannot be based solely on the absence of a reconciliation sheet.Click Here
30Bhoi Construction v. Superintendent, CGST and Central ExciseCancellation of registration can be revoked if the taxpayer pays all dues and the delay in invoking the proviso to Rule 23 is condoned.Click Here
30Pradeep Kumar Mohapatra v. Commissioner, CGST, CX & Customs, BhubaneswarDelay in Seeking Revocation of GST Registration Cancellation Condoned; Application to be Considered on Payment of Dues 

Click Here

 

30Tvl.K.Ramar v. Commissioner of CGST & Central ExciseRegistration can be revoked subject to conditions if returns were not filed for six months but have now been filed and taxes paid.Click Here
54Messrs Aculife Health Care (P.) Ltd. v. Union of IndiaRefund of GST paid on notice pay recovery is allowed if the government has clarified that it is not taxable.Click Here
73Golden Peace Infrastructure (P.) Ltd. v. Assistant State Tax OfficerProceedings on show-cause notices involving multiple writ petitions transferred to the Supreme Court are stayed.Click Here
73Tech Connect Retail (P.) Ltd. v. Commercial Tax OfficerAuthorities must consider the taxpayer’s reply to a DRC-01A notice within the extended timeline.Click Here
73Rosida Sultana v. State of AssamA summary of a show-cause notice cannot substitute a proper show-cause notice under Section 73.Click Here
73Blasto Metal Spray Processors v. Superintendent of GST and CE

GST demand order can be treated as a show cause notice when the assessee failed to respond to the original show cause notice on Payment of 25% Disputed Tax

Click Here
73Ebix Smartclass Educational Services (P.) Ltd v. Commercial Tax OfficerAn ex-parte demand order is invalid if the taxpayer was not served with a notice.Click Here
74Total Environment Building Systems (P.) Ltd. v. Assistant Commissioner of GST & Central ExciseOrders passed without considering evidence submitted by the taxpayer are set aside.Click Here
107Sanjay Trading Company v. Union of IndiaOrders cancelling GST registration without a hearing and reasons are invalid.Click Here
107Pawan Fabrics v. Commissioner, Central Goods and Services taxDelay in filing an appeal can be condoned if the taxpayer was under mental stress and had medical treatment. Click Here
112Amazing India Contractors (P.) ltd. v. State of BiharA writ petition can be withdrawn with liberty to approach the Appellate Tribunal.Click Here
132Gorav Gupta v. Directorate General of GST IntelligenceTravel restrictions imposed on a person granted anticipatory bail can be modified if the SCN is adjudicated without prosecution.Click Here
160Radha Madhav Automobiles (P.) Ltd. v. State of Andhra PradeshAssessment orders without the signature of the assessing officer and DIN are invalid.Click Here

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Category: GST

About CA Satbir Singh

Chartered Accountant having 12+ years of Experience in Taxation , Finance and GST related matters and can be reached at Email : Taxheal@gmail.com