7 Important GST Case Laws on 16.01.2025

By | January 17, 2025

7 Important GST Case Laws on 16.01.2025

Relevant Act & SectionTitleSummaryCitationReference
Manual Entry of HSN Replaced in GSTR-1From 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 UpdateClick here
Section 16 of the CGST Act, 2017ITC Claim Allowed for Previous Financial YearsDue 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 TaxesClick here
Section 16 of the CGST Act, 2017ITC Entitlement as per Circular No. 237Taxpayers 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 TaxClick here
Section 67 of the CGST Act, 2017Search and Seizure by Unauthorized Officer Set AsideSearch 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 TaxClick here
Section 73 of the CGST Act, 2017Assessment Order Without Opportunity to Respond Set AsideAn 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 OfficerClick here
Section 75 of the CGST Act, 2017Order Without Personal Hearing Set AsideAn order passed without granting the assessee a personal hearing is invalid and should be remanded.Raymond Lifestyle Ltd. v. Union of IndiaClick here
Section 107 of the CGST Act, 2017High Court Cannot Bypass Statutory RemediesThe 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 IndiaClick 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