IMPORTANT GST CASE LAWS 01.12.25

By | December 1, 2025

IMPORTANT GST CASE LAWS 01.12.25

Section Case Law Title Brief Summary Citation Relevant Act
54 Shah Paperplast Industries Ltd. v. Union of India Refund of Input Tax Credit (ITC) to a 100% EOU was restored because the unit made actual zero-rated exports, making CBIC Circular No. 172/04/2022-GST inapplicable. Withdrawal of the refund was quashed. Click Here CGST Act, 2017
73 Sunita Rani v. Union of India Impugned demand order was set aside and remanded as the Show Cause Notice (SCN) was only uploaded on the ‘Additional Notices’ tab on the GST portal, leading to a violation of proper notice/hearing opportunity. Click Here CGST Act, 2017
73 MS Markex Branding Solutions (P.) Ltd. v. Commissioner of Delhi Goods and Services Tax Matter was remanded (subject to payment of ₹ 25,000) as the petitioner was unaware of the SCN and order, and did not get a proper hearing opportunity. Click Here CGST Act, 2017
73 Sibu Prasad Praharaj v. Commercial Tax Officer Ex parte order was set aside and remanded due to the petitioner’s bona fide reason for failing to reply to the SCN (serious illness of father/inability to check portal). Matter to be reconsidered after the assessee submits a reply. Click Here CGST Act, 2017
73 Chauhan Kirana Trading v. Government of NCT of Delhi Impugned order was set aside and remanded as the SCN was only uploaded on the ‘Additional Notices and orders tab’ on the GST portal and the order was passed without hearing the assessee. Click Here CGST Act, 2017
74 Varanasi Sangam Expressway (P) Ltd v. Commissioner of State Tax An SCN under Section 74 was quashed because it lacked specific allegations or material to indicate fraud, wilful misstatement, or suppression with intent to evade tax, meaning the statutory ingredients for invoking the section were absent. Click Here CGST Act, 2017
74 Devansh Wire and Cables (P.) Ltd. v. Joint Commissioner, CGST Delhi – East Assessee challenging an order confirming demand on the ground that the SCN was issued for multiple years was relegated to the appellate remedy as the issue was settled in a prior case. Click Here CGST Act, 2017
75 Classic International v. Commissioner Delhi goods and services tax Ex parte order was set aside for breach of natural justice as the SCN and reminders were only uploaded under the ‘Additional Notices’ tab on the portal, and the petitioner was unaware. Click Here CGST Act, 2017
122 Devender Singh v. Additional Commissioner, Central Goods and Services Tax In the case of fake, non-existent, and fraudulent firms, the ‘taxable person’ for the purpose of penalty would be the person who created and used such firms for the availment of ITC. Click Here CGST Act, 2017
129 Kamla Machines v. State of UP Confiscation of goods and conveyances could not be sustained where the truck driver fell ill and the journey could not be completed within the e-way bill’s validity period, as there was no material to show intention to evade tax. Click Here CGST Act, 2017
168A Sunita Rani v. Union of India Validity of CBIC Notification Nos. 56/2023-CT and 9/2023-CT extending the period of limitation was left open as the matter was already under challenge before the Supreme Court. Click Here CGST Act, 2017
168A Chauhan Kirana Trading v. Government of NCT of Delhi Challenge to Notification No. 56/2023-CT extending the period of limitation for adjudication would be subject to the outcome of the Supreme Court decision, where the validity was pending consideration. Click Here CGST Act, 2017
168A MS Markex Branding Solutions (P.) Ltd. v. Commissioner of Delhi Goods and Services Tax Validity of CBIC Notification No. 56/2023-CT was left open as the matter was already under challenge before the Supreme Court. Click Here CGST Act, 2017

 

For More :- Read IMPORTANT GST CASE LAWS 29.11.2025

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