| Section 6 |
Shree Maruti Stone Industries v. Assistant Commissioner, CGST and Central Excise |
Consolidated demand covering years already under State GST proceedings violates Section 6 statutory bar on parallel proceedings; overlapping years must be excluded. |
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Central Goods and Services Tax Act, 2017 |
| Section 11 |
Commissioner ESD MeeSeva, In re |
Authorized MeeSeva service providers are not equivalent to Government; additional user charges over statutory fees are taxable service consideration, making exemptions under Notification 12/2017-CT(R) unavailable. |
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Central Goods and Services Tax Act, 2017 |
| Section 16 |
Shree Karni Electrovision v. Union of India |
Where supplier faced IBC proceedings without depositing collected GST, Section 16(2)(c) mandates actual payment of tax, justifying ITC denial to the recipient. |
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Central Goods and Services Tax Act, 2017 |
| Section 16 |
Shree Karni Electrovision v. Union of India |
Constitutional validity of Section 16(2)(c) upheld; conditions to avail ITC must be satisfied conjointly and cannot be read down based on practical impossibility (lex non cogit ad impossibilia). |
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Central Goods and Services Tax Act, 2017 |
| Section 16 |
Shree Karni Electrovision v. Union of India |
Upon supplier default in depositing GST prior to IBC proceedings, statutory condition requires actual tax payment, making recovery of uncollected ITC from recipient permissible in law. |
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Central Goods and Services Tax Act, 2017 |
| Section 16 |
R R Infrastructe Projects v. Shashi Bhushan Singh, Additional Commissioner, Grade II Appeal |
Disallowing ITC solely due to GSTR-2A mismatch without invoice-wise verification or examining submitted reconciliation, RCM claims, and certificates was unwarranted; matter remanded for reconsideration on merits. |
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Central Goods and Services Tax Act, 2017 |
| Section 16 |
R R Infrastructe Projects v. Shashi Bhushan Singh, Additional Commissioner, Grade II Appeal |
Where supplier wrongly paid IGST instead of CGST/SGST on intra-State property renting, ITC claimed under CGST/SGST by recipient was correctly availed as tax reached the Government with no revenue loss. |
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Central Goods and Services Tax Act, 2017 |
| Section 25 |
Eclipse Hospitality LLP v. Superintendent of Central Excise GST Range I Adyar Division Chennai South Commissionerate |
Rejection of fresh registration application solely for non-filing of returns up to cancellation date after statutory due date had expired was unsustainable as a party cannot be compelled to do an impossible act. |
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Central Goods and Services Tax Act, 2017 |
| Section 29 |
SRD Groups v. State of Assam |
Restoration of GST registration cancelled for non-filing of returns allowed subject to filing all pending returns within 30 days and paying tax, interest, penalty, and late fee arrears. |
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Central Goods and Services Tax Act, 2017 |
| Section 54 |
Pranav Overseas LLP v. Union of India |
Amendment to Rule 89(5) by Notification No. 14/2022-CT including input services in refund formula was held curative and retrospective; RFD-03 memos quashed and refunds directed under amended Rule 89(5) read with Section 54. |
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Central Goods and Services Tax Act, 2017 |
| Section 75 |
R R Infrastructe Projects v. Shashi Bhushan Singh, Additional Commissioner, Grade II Appeal |
Ex parte demand order confirmed despite appellant facing FIR, judicial custody, and office fire was set aside and remanded for fresh hearing in the interest of natural justice. |
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Central Goods and Services Tax Act, 2017 |
| Section 107 |
Oasys Marketing Agency v. Appellate Authority / Deputy Commissioner (CT) |
Rejection of statutory appeal on limitation grounds violated express court directions in a prior writ order that granted two weeks to appeal without insisting on limitation; order set aside and appeal restored. |
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Central Goods and Services Tax Act, 2017 |
| Section 107 |
Syed Ahamed Ibrahim v. Assistant Commissioner (ST) (RAL) (FAC) |
Filing appeal with cash ledger pre-deposit creates a deemed stay on recovery, but provisional Rule 86A credit ledger blocking (capped at 1 year) operates independently and unblocking requests must be considered under Rule 86A. |
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Central Goods and Services Tax Act, 2017 |
| Section 109 |
Mandalaneni Srinivasarao v. Maa Engineering & Energy |
Department’s appeal challenging condonation of delay does not fall under Special Bench scope; requests to put appeal in abeyance or list before Special Bench were rejected. |
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Central Goods and Services Tax Act, 2017 |