7 Important GST Case Laws on 16.01.2025

By | January 17, 2025

7 Important GST Case Laws on 16.01.2025

Relevant Act & Section Title Summary Citation Reference
Manual Entry of HSN Replaced in GSTR-1 From January 2025 onwards, manual entry of HSN codes in Table 12 of GSTR-1 and GSTR-1A will be replaced with a dropdown list. Table 12 will also be bifurcated into B2B and B2C tabs. GSTN Update Click here
Section 16 of the CGST Act, 2017 ITC Claim Allowed for Previous Financial Years Due to a retrospective amendment, taxpayers can claim ITC for FY 2017-18 to 2020-21 if the return is filed by November 30, 2021. Varshini Lift Tech and Earth Movers v. Assistant Commissioner of Commercial Taxes Click here
Section 16 of the CGST Act, 2017 ITC Entitlement as per Circular No. 237 Taxpayers are entitled to ITC benefits as per Circular No. 237/31/2024-GST, dated October 15, 2024, if they fulfill the prescribed conditions. Vasavi Agencies v. Assistant Commissioner – Central Tax Click here
Section 67 of the CGST Act, 2017 Search and Seizure by Unauthorized Officer Set Aside Search and seizure conducted by an unauthorized officer is invalid, and any seized documents and deposited amounts must be returned. Vigneshwara Transport Company v. Additional Commissioner of Central Tax Click here
Section 73 of the CGST Act, 2017 Assessment Order Without Opportunity to Respond Set Aside An assessment order that reclassifies a service provider and enhances tax liability without allowing them to respond is invalid and should be treated as a show cause notice. Tvl. Glo Shipping Logistics (P.) Ltd. v. State Tax Officer Click here
Section 75 of the CGST Act, 2017 Order Without Personal Hearing Set Aside An order passed without granting the assessee a personal hearing is invalid and should be remanded. Raymond Lifestyle Ltd. v. Union of India Click here
Section 107 of the CGST Act, 2017 High Court Cannot Bypass Statutory Remedies The High Court cannot use its extraordinary jurisdiction to bypass statutory remedies and pre-deposit requirements under the CGST Act. Atharvan Minerals (P.) Ltd. v. Union of India Click here
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