Category Archives: GST

ORIGINAL ORDER OBLITERATED BY RECTIFICATION ORDER; WRIT AGAINST ORIGINAL ORDER DISMISSED

By | December 18, 2025

ORIGINAL ORDER OBLITERATED BY RECTIFICATION ORDER; WRIT AGAINST ORIGINAL ORDER DISMISSED ISSUE Whether a writ petition challenging an Original Assessment Order is maintainable when the said order has already been modified/substituted by a subsequent Rectification Order passed under Section 161, which reversed the initial demand but confirmed a fresh demand on different grounds. FACTS Assessment… Read More »

Category: GST

RECOVERY EXCEEDING 10% SATISFIES PRE-DEPOSIT; APPEAL RESTORED WITHOUT FRESH PAYMENT

By | December 18, 2025

RECOVERY EXCEEDING 10% SATISFIES PRE-DEPOSIT; APPEAL RESTORED WITHOUT FRESH PAYMENT ISSUE Does the Appellate Authority have the power to waive the mandatory pre-deposit under GST laws? Can an appeal be dismissed for non-payment of pre-deposit if the Department has already recovered an amount exceeding 10% of the disputed tax from the assessee? FACTS The Appeal:… Read More »

Category: GST

VOLUNTARY PAYMENT OF DIFFERENTIAL TAX ON COMPOSITE SUPPLY BARS SECTION 74 SCN

By | December 18, 2025

VOLUNTARY PAYMENT OF DIFFERENTIAL TAX ON COMPOSITE SUPPLY BARS SECTION 74 SCN   ISSUE Whether a Show Cause Notice (SCN) under Section 74 (invoking extended period for fraud/suppression) can be validly issued when the assessee had voluntarily disclosed the classification dispute (Composite vs. Mixed Supply), intimated the Department, and paid the entire differential tax along… Read More »

Category: GST

ORDER QUASHED & REMANDED: GSTR-3B ERROR RECTIFIED AND TAX PAID WITH INTEREST BEFORE NOTICE

By | December 18, 2025

ORDER QUASHED & REMANDED: GSTR-3B ERROR RECTIFIED AND TAX PAID WITH INTEREST BEFORE NOTICE   ISSUE Whether an assessment order confirming tax, interest, and penalty under Section 73 is sustainable when the taxpayer had already rectified the GSTR-3B error and paid the disputed tax along with interest in a subsequent return before the issuance of… Read More »

Category: GST

NO INTEREST ON GST LIABILITY IF CASH DEPOSITED OR ITC AVAILABLE BEFORE DUE DATE, EVEN IF RETURN FILED LATE

By | December 18, 2025

NO INTEREST ON GST LIABILITY IF CASH DEPOSITED OR ITC AVAILABLE BEFORE DUE DATE, EVEN IF RETURN FILED LATE   ISSUE Whether interest under Section 50 of the CGST Act is leviable on the tax liability (both Cash and ITC components) when the returns (GSTR-3B) were filed belatedly, but the assessee had already deposited the… Read More »

Category: GST

Consolidated FAQs on GSTR -9/9C for FY 2024-25

By | December 18, 2025

Consolidated FAQs on GSTR -9/9C for FY 2024-25 Dec 17th, 2025 GSTN has published series of FAQ on 16th Oct, 2025 and 4th Dec, 2025 for assisting the taxpayer in filing of Annual Return i.e., GSTR-9/9C. For convenience, the taxpayer may access Consolidated FAQs by Clicking here

Category: GST

IMPORTANT GST CASE LAWS 16.12.25

By | December 17, 2025

IMPORTANT GST CASE LAWS 16.12.25 Relevant Act Section Case Law Title Brief Summary Citation Central GST Act, 2017 Section 67 (Search & Seizure) Korfex Industries (P.) Ltd. v. State of Rajasthan Writ relief for release of detained goods was denied as the investigation revealed collusion to defraud revenue via fake ITC. Equitable jurisdiction under Article… Read More »

Category: GST

CONFLICT ON CONVERSION OF ARREST WARRANTS IN ECONOMIC OFFENCES: MATTER REFERRED TO LARGER BENCH

By | December 17, 2025

CONFLICT ON CONVERSION OF ARREST WARRANTS IN ECONOMIC OFFENCES: MATTER REFERRED TO LARGER BENCH ISSUE Whether an accused charged with serious economic offences (such as Input Tax Credit fraud under GST) can claim the conversion of non-bailable arrest warrants into bailable warrants as a matter of right, or if the gravity of economic offences precludes… Read More »

Category: GST

MOVEMENT WITHOUT E-WAY BILL FATAL; TRANSPORTER’S ERROR NO DEFENSE

By | December 17, 2025

MOVEMENT WITHOUT E-WAY BILL FATAL; TRANSPORTER’S ERROR NO DEFENSE ISSUE Whether the detention and seizure of goods under Section 129 are justified when the goods are intercepted without a valid E-way bill, even if the taxpayer claims the transporter moved the goods contrary to instructions and the E-way bill was generated immediately after interception due… Read More »

Category: GST