Daily Archives: June 5, 2026

GST CASE LAW DIGEST 04.06.2026

By | June 5, 2026

GST CASE LAW DIGEST 04.06.2026 Section Case Law Title Brief Summary Citation Relevant Act Section 107 Prime Metals vs. Central Board of Indirect Taxes and Customs A writ petition challenging an adjudication order and SCN regarding ITC disputes and cross-examination denial is not maintainable if an alternative statutory appeal route is fully available. Click Here… Read More »

Adjudication orders passed without supplying Relied Upon Documents violate natural justice and must be remanded.

By | June 5, 2026

Adjudication orders passed without supplying Relied Upon Documents violate natural justice and must be remanded. Adjudication orders passed without supplying Relied Upon Documents violate natural justice and must be remanded. Issue Whether a GST demand order passed under Section 74 can be legally sustained if the adjudicating authority fails to supply copies of the Relied… Read More »

Category: GST

Input tax credit cannot be denied if returns fall within the extended Section 16(5) timeline.

By | June 5, 2026

Input tax credit cannot be denied if returns fall within the extended Section 16(5) timeline. Issue Whether the tax authorities were justified in denying Input Tax Credit (ITC) for January and February 2019 under Section 16(4) on the grounds of late filing, when the returns were filed on January 11, 2020, thereby meeting the extended… Read More »

Category: GST

GST adjudication cannot rely on missing original seized documents, protecting the taxpayer’s natural justice.

By | June 5, 2026

GST adjudication cannot rely on missing original seized documents, protecting the taxpayer’s natural justice. Issue Whether a GST adjudication process can legally rely upon seized documents whose original copies have been lost or misplaced by the tax department, and whether proceeding without supplying these original documents violates the principles of natural justice. Facts Period in… Read More »

Category: GST

An unreasoned GST registration cancellation order is legally unsustainable and must be quashed and remanded.

By | June 5, 2026

An unreasoned GST registration cancellation order is legally unsustainable and must be quashed and remanded. Issue Whether a GST registration cancellation order and a parallel bank account attachment can be legally sustained if the order fails to record any reasons and is passed without providing the taxpayer a proper opportunity to be heard. Facts Writ… Read More »

Category: GST

Writ petition is dismissed as an available statutory appeal allows full re-appreciation of evidence.

By | June 5, 2026

Writ petition is dismissed as an available statutory appeal allows full re-appreciation of evidence. Issue Whether a writ petition under Article 226 challenging a Central GST Order-in-Original passed under Section 74 is maintainable when an alternative, efficacious statutory appeal exists under Section 107, even if the taxpayer alleges a violation of Section 6(2)(b) due to… Read More »

Category: GST

Writ court restores GST registration cancelled for curable procedural lapses despite time-barred statutory appeal.

By | June 5, 2026

Writ court restores GST registration cancelled for curable procedural lapses despite time-barred statutory appeal. Issue Whether a High Court can exercise its writ jurisdiction under Article 226 to restore a GST registration cancelled due to curable procedural non-compliance, in a case where the taxpayer’s statutory appeal was dismissed for being filed beyond the maximum condonable… Read More »

Category: GST

Fixing a personal hearing date before the reply deadline expires violates natural justice.

By | June 5, 2026

Fixing a personal hearing date before the reply deadline expires violates natural justice. Issue Whether a GST registration cancellation and subsequent rejection of a revocation application are legally sustainable when the tax authorities fix personal hearing dates before the expiry of the reply periods and issue a cryptic, single-line rejection order without considering the taxpayer’s… Read More »

Category: GST