Daily Archives: June 9, 2026

GST CASE LAWS DIGEST 08.06.2026

By | June 9, 2026

GST CASE LAWS DIGEST 08.06.2026 Relevant Act Section / Provision Case Law Title Citation Brief Summary Central Goods and Services Tax Act, 2017 Input Tax Credit (GSTR-3B vs 2A) Tvl. Narumanam Spices vs. Superintendent of CGST & Central Excise Click Here The High Court set aside an ex parte assessment order passed due to an… Read More »

Composite Show Cause Notice Spanning Multiple Financial Years Declared Legally Unsustainable

By | June 9, 2026

Composite Show Cause Notice Spanning Multiple Financial Years Declared Legally Unsustainable Issue Whether the GST authorities can legally issue a single composite Show Cause Notice (SCN) and a consequential composite Order-in-Original (OIO) covering multiple distinct assessment periods (FY 2019-20 and FY 2020-21) under section 73 of the CGST/SGST Act. Facts Point Wise Disputed Period: The… Read More »

Category: GST

Writ Jurisdiction Cannot Be Invoked to Bypass Mandatory Statutory Appellate Timelines Under GST Laws

By | June 9, 2026

Writ Jurisdiction Cannot Be Invoked to Bypass Mandatory Statutory Appellate Timelines Under GST Laws Issue Whether a taxpayer can invoke the extraordinary writ jurisdiction of the High Court under Article 226 of the Constitution of India to challenge a Show Cause Notice (SCN) and subsequent assessment order on its merits, after failing to file a… Read More »

Category: GST

Anticipatory Bail Application for GST Offenses Under Five Crore Threshold Rejected as Offenses Are Statutory Bailable

By | June 9, 2026

Anticipatory Bail Application for GST Offenses Under Five Crore Threshold Rejected as Offenses Are Statutory Bailable Issue Whether an application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) can be entertained when the alleged GST evasion/Input Tax Credit (ITC) fraud falls below the Rs. 5 crore threshold, rendering the… Read More »

Category: GST

Transit State Authorities Cannot Levy Penalties or Detain Inter-State Consignments Absent Domestic Tax Incidence

By | June 9, 2026

Transit State Authorities Cannot Levy Penalties or Detain Inter-State Consignments Absent Domestic Tax Incidence Issue Whether GST authorities of a transit State (Uttar Pradesh) have the legal jurisdiction to detain goods and impose penalties under section 129 of the CGST/SGST Act for procedural lapses (such as the absence of an e-Tax Invoice), when the inter-State… Read More »

Category: GST

Pre-Adjudication Garnishee Letters Issued to Customers Prior to Assessment Order Declared Legally Invalid

By | June 9, 2026

Pre-Adjudication Garnishee Letters Issued to Customers Prior to Assessment Order Declared Legally Invalid Issue Whether the GST authorities can legally issue garnishee notices or recovery letters under sections 79 or 83 of the CGST Act to a taxpayer’s customers, demanding third-party remittances prior to the formal issuance of an Order-in-Original (OIO) that finalizes the tax… Read More »

Category: GST

Seven Days Pre-Arrest Notice Directed by Trial Court Upheld as Valid Measure of Natural Justice

By | June 9, 2026

Seven Days Pre-Arrest Notice Directed by Trial Court Upheld as Valid Measure of Natural Justice Issue Whether a judicial direction requiring the GST Department to give seven days’ prior notice to respondents before taking any coercive action (such as arrest) constitutes an impermissible “blanket restraint” on statutory investigation powers under the CGST Act, when the… Read More »

Category: GST

INCOME TAX CASE LAWS DIGEST 08.06.2026

By | June 9, 2026

INCOME TAX CASE LAWS DIGEST 08.06.2026 Relevant Act Section Case Law Title Citation Brief Summary Income Tax Act, 1961 Section 192 & Section 201 State Bank of India vs. ITO, TDS Click Here The assessee-bank was held liable as an “assessee in default” under section 201 because it failed to deduct TDS under section 192… Read More »

Supreme Court Dismisses Special Leave Petition Upholding Stepping Up of Pay for Seniors Earning Less Than Juniors

By | June 9, 2026

Supreme Court Dismisses Special Leave Petition Upholding Stepping Up of Pay for Seniors Earning Less Than Juniors Issue Whether the Department can deny the “stepping up of pay” to senior employees to bring them at par with their juniors—who draw a higher salary due to advance increments received upon passing a departmental examination later in… Read More »

Mechanical Technical Approval Granted Under Section 153D Without Application of Mind Vitiates Search Assessments

By | June 9, 2026

Mechanical Technical Approval Granted Under Section 153D Without Application of Mind Vitiates Search Assessments Issue Issue I (Mechanical Approval under Section 153D): Whether an assessment framed under section 153C is legally sustainable if the Joint Commissioner of Income Tax (JCIT) grants statutory approval under section 153D using the nomenclature “Technical Approval,” implying a routine formality… Read More »