Daily Archives: June 1, 2025

. GST Demand Order Set Aside for Being Passed During Pendency of Writ Petition Challenging SCN.

By | June 1, 2025

I. GST demand order set aside and remanded because it was passed during the pendency of a writ petition challenging the underlying SCN and related notifications, effectively denying an opportunity to reply. II. Challenge to GST limitation extension notifications is stayed pending Supreme Court’s decision. I. GST Demand Order Set Aside for Being Passed During… Read More »

Category: GST

GST demand order is not subject to writ interference if the assessee was granted a personal hearing opportunity but failed to avail it; appeal is the proper remedy.

By | June 1, 2025

I. GST demand order is not subject to writ interference if the assessee was granted a personal hearing opportunity but failed to avail it; appeal is the proper remedy. II. Challenge to GST limitation extension notification is stayed pending Supreme Court’s decision. I. GST Demand Order Not Subject to Writ Intervention When Personal Hearing Opportunity… Read More »

GST demand order set aside due to non-service of SCN on a taxpayer with cancelled registration, denying reply and hearing.

By | June 1, 2025

I. GST demand order set aside due to non-service of SCN on a taxpayer with cancelled registration, denying reply and hearing. II. Challenge to GST limitation extension notification is stayed pending Supreme Court’s decision. I. GST Demand Order Set Aside Due to Non-Service of SCN on Taxpayer with Cancelled Registration. Issue: Whether a GST demand… Read More »

GST demand order set aside and remanded due to denial of proper hearing opportunity.

By | June 1, 2025

I. GST demand order set aside and remanded due to denial of proper hearing opportunity. II. Challenge to GST limitation extension notification is stayed pending Supreme Court’s decision. I. GST Demand Order Set Aside and Remanded Due to Denial of Proper Hearing Opportunity. Issue: Whether a GST demand order passed under Section 73 of the… Read More »

Category: GST

GST Department ordered to provide certified copies of lost seized documents and other files to the assessee,

By | June 1, 2025

Department ordered to provide certified copies of lost seized documents and other files to the assessee, who must cooperate in assessment. Issue: When original seized documents are lost by the revenue, and the Supreme Court has already directed the return of certified copies of documents not relied upon, what are the appropriate directions for the… Read More »

Appeal against retrospective cancellation of registration restored and to be heard on merits as assessee had no knowledge of SCN.

By | June 1, 2025

Retrospective GST registration cancellation appeal, dismissed on limitation, is restored on merits with costs due to unserved SCN and denial of natural justice. Issue: Whether an appeal challenging the retrospective cancellation of GST registration, which was initially dismissed on grounds of limitation, should be restored for hearing on merits by a High Court, when the… Read More »

Category: GST

Rule 36(4) restricting ITC to un-uploaded invoices is constitutionally valid and not violative of Article 14

By | June 1, 2025

Rule 36(4) restricting ITC to un-uploaded invoices is constitutionally valid and not violative of Article 14, serving to protect revenue and taxpayers. Issue: Whether Rule 36(4) of the Central Goods and Services Tax Rules, 2017 (CGST Rules, 2017), which restricts the availment of Input Tax Credit (ITC) to a certain percentage (initially 20%, then 10%,… Read More »

Category: GST

Buying support services are exports, not intermediary services, if the provider acts independently

By | June 1, 2025

Buying support services are exports, not intermediary services, if the provider acts independently Issue: Whether “Buying Support Services” provided by a petitioner to a foreign client, involving market surveying, supplier identification, factory monitoring, shipment tracking, and documentation support, qualify as “export of services” under Section 2(6) of the Integrated Goods and Services Tax Act, 2017… Read More »

Category: GST

GST Demand order set aside due to lack of personal hearing, remanding for fresh adjudication.

By | June 1, 2025

I. GST Demand order set aside due to lack of personal hearing, remanding for fresh adjudication. II. Challenge to GST limitation extension notification is stayed pending Supreme Court’s decision. I. GST Demand Order Set Aside Due to Lack of Personal Hearing. Issue: Whether a GST adjudication order passed under Section 73 of the Central Goods… Read More »

Category: GST