WRIT JURISDICTION DECLINED IN FAKE ITC FRAUD; ASSESSEE RELEGATED TO APPEAL ISSUE Whether a Writ Petition under Article 226 is maintainable against an assessment order confirming a demand for fraudulent ITC, when the petitioner alleges violation of natural justice (no personal hearing), but the record shows they were aware of the notices and had… Read More »
LIMITATION PERIOD COMPUTATION: DAY OF COMMUNICATION IS EXCLUDED (‘DAY ZERO’) ISSUE How to correctly compute the limitation period for filing an appeal before the Appellate Authority under Section 107 of the CGST Act. Specifically, whether the date of communication of the order is to be included or excluded, and whether an appeal filed on… Read More »
CHARTERED ACCOUNTANT GRANTED BAIL IN ₹40 CR GST EVASION CASE ISSUE Whether a Chartered Accountant, alleged to have connived in a GST fraud of over Rs. 40 Crores, is entitled to bail after spending two months in custody, considering the offense is triable by a Magistrate and relies primarily on documentary evidence. FACTS The… Read More »
ISD ENTITLED TO TRANSITION PRE-GST CREDIT VIA TRAN-1 DESPITE PORTAL GLITCHES ISSUE Whether an Input Service Distributor (ISD) is entitled to transition accumulated pre-GST Cenvat credit (via Form TRAN-1) and distribute it to its units, despite the GST portal’s initial failure to allow such filing and the Revenue’s technical objection that ISDs do not… Read More »
ROUTE DEVIATION WITHOUT INTENT TO EVADE TAX ATTRACTS GENERAL PENALTY U/S 125, NOT DETENTION U/S 129 ISSUE Whether the interception and detention of goods under Section 129 solely on the ground of “change of route” by the driver is sustainable in the absence of any mens rea (intention) to evade tax, or whether such… Read More »
OMISSION OF RULE 96(10) WITHOUT SAVING CLAUSE NULLIFIES PENDING PROCEEDINGS ISSUE Whether the omission of Rules 89(4B) and 96(10) of the CGST Rules by Notification No. 20/2024, without any specific saving clause, renders all pending proceedings (Show Cause Notices, Adjudication Orders, Appeals) based on these rules redundant and invalid ab initio. FACTS The Change:… Read More »
SUBSIDIARY SERVING PARENT CO. ON COST-PLUS MODEL IS EXPORTER OF SERVICE, NOT INTERMEDIARY ISSUE Whether services provided by an Indian wholly-owned subsidiary to its foreign parent company—involving IT infrastructure management, content creation, and customer support on a “Cost Plus Markup” basis—constitute an “Export of Service” (Zero Rated) or an “Intermediary Service” (taxable in India).… Read More »
IMPORTANT GST CASE LAWS 18.11.2025 Relevant Act Section Case Law Title Brief Summary Citation CGST Act, 2017 Section 16 / Rule 86A Abhishek Goyal v. Union of India Negative blocking of the Electronic Credit Ledger (ECL) is impermissible. Rule 86A only allows a “freeze” on the actually available credit. The department cannot create a negative… Read More »
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 »
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 »