9 IMPORTANT GST CASE LAWS 04.03.2025 Section Case Law Title Brief Summary Citation Relevant Act 29 Janakalyana Parisada v. State of Odisha Writ petition dismissed as bidder’s GST registration was cancelled before bid consideration. Click Here Central Goods and Services Tax Act, 2017 29 Kshema Wind Farm Services v. Assistant Commissioner of State Tax… Read More »
Bail Granted in GST Evasion Case; Trial Delay Considered Issue: Whether bail should be granted to an assessee accused of GST evasion through the passing of ineligible Input Tax Credit (ITC) to various firms using non-existent firms. Facts: The assessee was accused of passing on ineligible ITC to various firms through non-existent firms. The assessee… Read More »
Penalty for Detention Quashed; E-Way Bill Produced Before Seizure Issue: Whether a penalty imposed under Section 129 of the CGST/SGST Acts for the detention of goods due to the unavailability of an e-way bill is valid when the e-way bill was produced before the seizure order was passed. Facts: Goods belonging to the assessee were… Read More »
Assessment Order Quashed; Personal Hearing Mandated Under Section 75(4) Issue: Whether an assessment order passed without granting a mandatory personal hearing under Section 75(4) of the GST enactments is valid. Facts: The assessee challenged an assessment order dated November 29, 2023, on the ground that it was passed without granting a mandatory personal hearing under… Read More »
GSTR-2A/3B Discrepancy Notice; Portal Service Issue; Opportunity Granted for Reconciliation Issue: Whether an assessment order and subsequent appeal dismissal are valid when the assessee was unaware of the show cause notice due to its placement in the “Additional Notices/Orders” tab of the GST portal, and whether they should be given an opportunity to reconcile discrepancies… Read More »
Recovery of Amount During Investigation Without Adjudication Held Illegal; Refund with Interest Ordered Issue: Whether the recovery of an amount during an investigation under Section 67 of the CGST Act, 2017, before the issuance of a show cause notice, is legal and whether such amounts should be refunded with interest. Facts: The assessee challenged the… Read More »
Assessment Order Without DIN Quashed; Fresh Assessment Allowed Issue: Whether an assessment order in Form GST DRC-01 is valid if it does not contain the signature of the Assessing Officer and the Document Identification Number (DIN). Facts: The assessee was served with an assessment order in Form GST DRC-01. The assessee challenged the order in… Read More »
GST Registration Cancellation Revoked Upon Payment of Dues Issue: Whether a GST registration cancellation order should be revoked if the assessee is willing to deposit all outstanding dues of tax, interest, and penalty. Facts: The assessee’s GST registration was cancelled. The assessee was willing and ready to deposit the entire dues of tax, interest, and… Read More »
GST Registration Revival Ordered; Payment of Tax and Penalties Required Issue: Whether an order cancelling a GST registration should be quashed as arbitrary and in violation of natural justice, and whether the registration can be revived upon payment of outstanding dues and filing of returns. Facts: The petitioner-assessee filed a writ petition challenging an order… Read More »
Bid Disqualification Upheld; Bidder’s GST registration was cancelled before was considered Issue: Whether a petitioner-bidder’s disqualification from a tender due to GST registration cancellation is valid, and whether the tender process was vitiated by the bid opening occurring beyond the 180-day validity period. Facts: The petitioner-bidder filed a writ petition seeking to quash a Notice… Read More »