GST CASE LAWS 01.10.2026

By | October 2, 2026

GST CASE LAWS 01.10.2026

 

Section Case Law Title Brief Summary Citation Relevant Act
Section 9 MTS-EIEL (JV), In re Applicable GST rate for sewerage treatment infrastructure works contract as on 01.06.2022 was 12%, as the omission of the concessional rate under Notification 11/2017-CTR operated prospectively from 18.07.2022. [2026] 190 taxmann.com 936 (AAR – RAJASTHAN) Central Goods and Services Tax Act, 2017
Section 16 Jain Cement Udyog v. Union of India Constitutional challenge to Section 16(2)(c) failed as the Supreme Court upheld the provision requiring the recipient to establish tax deposit by the supplier; petitioner relegated to statutory appeal. [2026] 190 taxmann.com 1026 (Delhi) Central Goods and Services Tax Act, 2017
Section 29 Neptune Enterprise v. State of Gujarat Retrospective cancellation of registration without deciding on the assessee’s request for additional time or examining supporting documents violated natural justice and was set aside. [2026] 190 taxmann.com 972 (Gujarat) Central Goods and Services Tax Act, 2017
Section 30 Neptune Enterprise v. State of Gujarat Demanding immediate DRC-03 payment and relying on uncommunicated grounds (cancellation of suppliers’ registration) in revocation proceedings amounted to jurisdictional overreach, making the rejection order unsustainable. [2026] 190 taxmann.com 972 (Gujarat) Central Goods and Services Tax Act, 2017
Section 74 Dhruv Medicos (P.) Ltd. v. Deputy Commissioner Interference at the SCN stage was unwarranted as statutory adjudication had commenced; all objections (coercion, limitation, jurisdiction) can be raised before the Adjudicating Authority. [2026] 190 taxmann.com 1062 (Delhi) Central Goods and Services Tax Act, 2017
Section 75 Saptagiri Constructions v. Assistant Commissioner of Central Tax Issuing a single composite assessment order covering multiple assessment years is impermissible under GST law; summary order set aside with liberty to initiate year-wise proceedings. [2026] 190 taxmann.com 979 (Andhra Pradesh) Central Goods and Services Tax Act, 2017
Section 75 Rohit VIJ v. Commissioner of GST Passing an adverse assessment order in Form DRC-07 without granting a mandatory personal hearing violates principles of natural justice and is unsustainable. [2026] 190 taxmann.com 913 (Delhi) Central Goods and Services Tax Act, 2017
Section 107 Velnex Medicare v. Commissioner, Central Goods and Services Tax Dismissal of appeal solely because the impugned order was not self-certified is unsustainable; the defect is curable and an opportunity to rectify must be given. [2026] 190 taxmann.com 967 (Punjab & Haryana) Central Goods and Services Tax Act, 2017
Section 107 Velnex Medicare v. Commissioner, Central Goods and Services Tax Dismissing an appeal for non-payment of pre-deposit is unjustified when the entire disputed tax was already deposited during investigation; remanded to Appellate Authority. [2026] 190 taxmann.com 967 (Punjab & Haryana) Central Goods and Services Tax Act, 2017
Section 107 Neptune Enterprise v. State of Gujarat Appellate order introducing new grounds beyond the original SCN while upholding registration cancellation was set aside due to non-application of mind and procedural defects. [2026] 190 taxmann.com 972 (Gujarat) Central Goods and Services Tax Act, 2017
Section 107 Cheema Local Carrier and Construction v. Commissioner State GST Identical, non-reasoned appellate orders dismissing appeals without dealing with distinct grounds or cited precedents failed to exercise jurisdiction and breached natural justice; remanded to adjudicating authority. [2026] 190 taxmann.com 1017 (GSTAT – RAIPUR) Central Goods and Services Tax Act, 2017
Section 129 J.M. Petrochemicals (P.) Ltd. v. State of U.P. Detention and penalty for mere expiry of e-way bill validity due to breakdown/lockdown were improper when there was no discrepancy in documents or intent to evade tax. [2026] 190 taxmann.com 894 (Allahabad) Central Goods and Services Tax Act, 2017
Section 129 Neeraj Shukla v. Jay Steels Goods transported on 24.11.2017 without an e-way bill could not be detained, as e-way bills were not mandatory for inter-State movement on that date and no tax evasion intent was established. [2026] 190 taxmann.com 1018 (GSTAT – AGRA) Central Goods and Services Tax Act, 2017