GST CASE LAWS 17.10.2026
Here is the requested information formatted into a clear, easy-to-read table:
| Section | Case Law Title | Brief Summary | Citation | Relevant Act |
| Section 9 | Kor Chems Through Partner Sanjay Rameshchandra Soni v. Assistant Commissioner, Cgst and Central Excise | Assignment of leasehold rights in an industrial plot amounts to assignment of benefits in immovable property, not a supply under section 7, and is thus not liable to GST, making both ITC reversal and interest payment unsustainable. | Click Here | Central Goods and Services Tax Act, 2017 |
| Section 9 | Sunil Vishvasrao Khune, In re | Redevelopment and leasing out of commercial building units for rental income constitutes a supply in the course or furtherance of business, classifiable under Heading No. 9972, and is liable to GST regardless of scale, volume, or funding source. | Click Here | Central Goods and Services Tax Act, 2017 |
| Section 9 | Sunil Vishvasrao Khune, In re | Sale of under-construction commercial units qualifies as a supply under Heading No. 9954 taxable at 18%, but no GST applies where the entire consideration is received after completion or issuance of the occupation certificate. | Click Here | Central Goods and Services Tax Act, 2017 |
| Section 9 | Jignesh Kantilal Makadia, In re | Papad Khar manufactured by mixing, solidifying, and drying NaCl, Na2CO3, and NaHCO3 is classifiable under Heading 2836 as sodium sesquicarbonate, attracting GST at 18%. | Click Here | Central Goods and Services Tax Act, 2017 |
| Section 11 | Jignesh Kantilal Makadia, In re | Input tax treatment cannot be derived from the tax-exempt status of the final product (Papad); thus, Papad Khar classified under Heading 2836 attracts 18% GST and is denied exemption under Notification 2/2017. | Click Here | Central Goods and Services Tax Act, 2017 |
| Section 11 | Rockline Constructions, In re | Exemption under Entry 3A is available from 25.01.2018 for a composite works contract executed for a local authority’s sewerage project where goods value was 11.17%, provided the final goods-to-total ratio on contract completion does not exceed 25%. | Click Here | Central Goods and Services Tax Act, 2017 |
| Section 16 | Sunil Vishvasrao Khune, In re | ITC on inputs/input services for constructing commercial units for sale and rent is admissible to the extent of sales occurring before the receipt of the occupation or completion certificate. | Click Here | Central Goods and Services Tax Act, 2017 |
| Section 17 | Sunil Vishvasrao Khune, In re | Inputs and input services used for constructing a commercial building on own account for leasing purposes are blocked under section 17(5)(d), as the bar applies even when property is developed for business and only plant/machinery is excluded. | Click Here | Central Goods and Services Tax Act, 2017 |
| Section 17 | Kor Chems Through Partner Sanjay Rameshchandra Soni v. Assistant Commissioner, Cgst and Central Excise | Section 17(5)(d) blocking of ITC applies only to construction-related expenditure; it cannot be invoked for GST paid on the mere acquisition of leasehold rights in an industrial plot without construction. | Click Here | Central Goods and Services Tax Act, 2017 |
| Section 29 | Indu Sarma v. Union of India | Where registration was suspended and SCN was issued without a reply or exhaustion of statutory remedies by the petitioner, the writ petition was not entertained, directing the petitioner to approach the Proper Officer. | [2026] 191 taxmann.com 245 (Gauhati) | Central Goods and Services Tax Act, 2017 |
| Section 67 | Conner Institute of Health Care and Research Center (P.) Ltd v. Superintendent of CGST | Maintainability of a writ petition challenging search, seizure, and coerced deposits was rejected as factual issues regarding voluntariness and witnesses require examination by statutory authorities before final determination. | [2026] 191 taxmann.com 243 (Delhi) | Central Goods and Services Tax Act, 2017 |
| Section 74 | Kor Chems Through Partner Sanjay Rameshchandra Soni v. Assistant Commissioner, Cgst and Central Excise | Where ITC was voluntarily reversed prior to SCN and no taxability, fraud, or suppression was established, demands and penalties under Section 74(1) were quashed, and amounts paid via DRC-03 ordered to be refunded. | Click Here | Central Goods and Services Tax Act, 2017 |
| Section 75 | Lupin Ltd. v. Union of India | Demands based on excess budgetary support relying on GSTR-2A ITC figures are vitiated if authorities fail to issue a speaking order considering the assessee’s reconciliations of ineligible or non-available ITC. | Click Here | Central Goods and Services Tax Act, 2017 |
| Section 107 | Ridhi Sidhi Trading Company v. State of Rajasthan | Limitation for filing an appeal does not commence from the date of portal upload of a best judgment order if service was not effected by a recognized mode, as communication is complete only upon actual service. | Click Here | Central Goods and Services Tax Act, 2017 |
| Section 110 | Nxtify Technologies (P.) Ltd. v. Union of India | Provisional attachment orders issued with prior proper Commissioner approval, stated reasons in writing, and procedural compliance under Section 110(5) are valid. | Click Here | Customs Act, 1962 |
| Section 110 | Nxtify Technologies (P.) Ltd. v. Union of India | Debit freeze actions on bank accounts initiated without a prior written order, recorded reasons, or timely Commissioner approval as required by Section 110(5) are invalid in law. | Click Here | Customs Act, 1962 |
| Section 110 | Nxtify Technologies (P.) Ltd. v. Union of India | Extension of attachment under the proviso to Section 110(5) without pre-decisional notice or recorded reasons is unsustainable, as the law requires pre-decisional opportunity of hearing. | Click Here | Customs Act, 1962 |
| Section 110 | Nxtify Technologies (P.) Ltd. v. Union of India | Provisional attachment and account debit freezes executed without prior Commissioner approval under Section 110(5) are illegal and liable to be quashed. | Click Here | Customs Act, 1962 |
| Section 120 | Sandeep Tiwari v. Ankita Gupta | Departmental appeal against penalty deletion is inadmissible if it fails to establish exceptions to monetary limits under Section 120 or record case-specific reasons overriding monetary policy. | Click Here | Central Goods and Services Tax Act, 2017 |
| Section 120 | Sandeep Tiwari v. Ankita Gupta | Departmental appeal involving a disputed penalty of Rs. 2.71 lakhs is non-maintainable as it falls below the Rs. 20 lakh monetary threshold fixed under circular instructions, with no exceptions shown. | Click Here | Central Goods and Services Tax Act, 2017 |

