Category Archives: GST

Penalty Payment for Goods Release Doesn’t Absolve Officer from Passing Order; Refund Ordered with Interest

By | November 22, 2025

Penalty Payment for Goods Release Doesn’t Absolve Officer from Passing Order; Refund Ordered with Interest Issue Whether the payment of a proposed penalty by a taxpayer solely to secure the immediate release of detained goods constitutes a “voluntary” admission of liability/waiver, thereby absolving the Proper Officer from passing a mandatory, reasoned order (MOV-09) under Section… Read More »

Category: GST

High Court Sets Aside Rejection of Rectification; Duplication of ITC Demand Must Be Examined

By | November 22, 2025

High Court Sets Aside Rejection of Rectification; Duplication of ITC Demand Must Be Examined Issue Whether the rejection of a rectification application under Section 161 of the CGST Act is legally sustainable when the petitioner demonstrates a prima facie duplication of a tax demand (excess ITC) that was already covered in a previous adjudication order… Read More »

Summary of SCN (DRC-01) Cannot Substitute a Formal Show Cause Notice; Adjudication Order Quashed.

By | November 20, 2025

Summary of SCN (DRC-01) Cannot Substitute a Formal Show Cause Notice; Adjudication Order Quashed. Issue Whether an adjudication order passed under Section 73 of the GST Act is legally valid if the proper officer issues only the Summary of Show Cause Notice (Form GST DRC-01) without issuing the detailed, statutory Show Cause Notice (SCN) required… Read More »

Category: GST

Restoration of GST Registration Cancelled Due to Consultant’s Bona Fide Error

By | November 20, 2025

Restoration of GST Registration Cancelled Due to Consultant’s Bona Fide Error Issue Whether the High Court can exercise its extraordinary writ jurisdiction under Article 226 to direct the restoration of a GST registration that was cancelled due to a “bona fide mistake” by the petitioner’s consultant (who accidentally applied for cancellation for the wrong entity),… Read More »

Category: GST

IMPORTANT GST CASE LAWS 19.11.2025

By | November 20, 2025

IMPORTANT GST CASE LAWS 19.11.2025   Section Case Law Title Brief Summary Citation Relevant Act Section 29 Pixel Trading & Services v. Superintendent, Central Tax and Central Excise Registration was restored by court’s extra-ordinary jurisdiction after being mistakenly canceled by the consultant (instead of a sister concern’s). Click Here The Central Goods and Services Tax… Read More »

Category: GST

Delhi HC Lifts “Grossly Disproportionate” Attachment of 11 Bank Accounts; Petitioner Was Only a Witness

By | November 20, 2025

Delhi HC Lifts “Grossly Disproportionate” Attachment of 11 Bank Accounts; Petitioner Was Only a Witness Issue Proportionality: Can the GST Department provisionally attach 11 bank accounts of a company under Section 83 of the CGST Act when the alleged tax evasion (fraudulent ITC) is only ₹3.1 crores? Jurisdiction over Third Parties: Can such drastic measures… Read More »

Category: GST

Officer Has Power to Restore GST Registration Under Rule 22(4) After Full Compliance

By | November 20, 2025

Officer Has Power to Restore GST Registration Under Rule 22(4) After Full Compliance Issue Whether a GST officer has the jurisdiction to drop cancellation proceedings and restore a registration under the proviso to Rule 22(4) of the CGST Rules, even after the statutory time limit for filing a revocation application (under Section 30) has expired,… Read More »

Category: GST

Non-Furnishing of Bank Details Not Grave Enough for Cancellation; HC Restores Registration.

By | November 20, 2025

Non-Furnishing of Bank Details Not Grave Enough for Cancellation; HC Restores Registration. Issue Whether the retrospective cancellation of GST registration is a proportionate and valid penalty for the mere procedural lapse of not furnishing bank account details (Rule 10A), especially when the Show Cause Notice (SCN) was vague and the statutory appeal was rejected as… Read More »

Category: GST

Recovery from Director’s Personal Account for Company Dues Invalid Without Prior Adjudication of Liability

By | November 20, 2025

Recovery from Director’s Personal Account for Company Dues Invalid Without Prior Adjudication of Liability Issue Whether the GST department can directly attach the personal bank account of a former Director under Section 79 (recovery from third parties/garnishee) to recover the unpaid tax dues of a Private Limited Company, without first conducting a separate adjudication under… Read More »

Category: GST