Category Archives: GST

GST demand order is not subject to writ interference if the assessee was granted a personal hearing opportunity but failed to avail it; appeal is the proper remedy.

By | June 1, 2025

I. GST demand order is not subject to writ interference if the assessee was granted a personal hearing opportunity but failed to avail it; appeal is the proper remedy. II. Challenge to GST limitation extension notification is stayed pending Supreme Court’s decision. I. GST Demand Order Not Subject to Writ Intervention When Personal Hearing Opportunity… Read More »

GST demand order set aside due to non-service of SCN on a taxpayer with cancelled registration, denying reply and hearing.

By | June 1, 2025

I. GST demand order set aside due to non-service of SCN on a taxpayer with cancelled registration, denying reply and hearing. II. Challenge to GST limitation extension notification is stayed pending Supreme Court’s decision. I. GST Demand Order Set Aside Due to Non-Service of SCN on Taxpayer with Cancelled Registration. Issue: Whether a GST demand… Read More »

GST demand order set aside and remanded due to denial of proper hearing opportunity.

By | June 1, 2025

I. GST demand order set aside and remanded due to denial of proper hearing opportunity. II. Challenge to GST limitation extension notification is stayed pending Supreme Court’s decision. I. GST Demand Order Set Aside and Remanded Due to Denial of Proper Hearing Opportunity. Issue: Whether a GST demand order passed under Section 73 of the… Read More »

Category: GST

Appeal against retrospective cancellation of registration restored and to be heard on merits as assessee had no knowledge of SCN.

By | June 1, 2025

Retrospective GST registration cancellation appeal, dismissed on limitation, is restored on merits with costs due to unserved SCN and denial of natural justice. Issue: Whether an appeal challenging the retrospective cancellation of GST registration, which was initially dismissed on grounds of limitation, should be restored for hearing on merits by a High Court, when the… Read More »

Category: GST

Rule 36(4) restricting ITC to un-uploaded invoices is constitutionally valid and not violative of Article 14

By | June 1, 2025

Rule 36(4) restricting ITC to un-uploaded invoices is constitutionally valid and not violative of Article 14, serving to protect revenue and taxpayers. Issue: Whether Rule 36(4) of the Central Goods and Services Tax Rules, 2017 (CGST Rules, 2017), which restricts the availment of Input Tax Credit (ITC) to a certain percentage (initially 20%, then 10%,… Read More »

Category: GST

Buying support services are exports, not intermediary services, if the provider acts independently

By | June 1, 2025

Buying support services are exports, not intermediary services, if the provider acts independently Issue: Whether “Buying Support Services” provided by a petitioner to a foreign client, involving market surveying, supplier identification, factory monitoring, shipment tracking, and documentation support, qualify as “export of services” under Section 2(6) of the Integrated Goods and Services Tax Act, 2017… Read More »

Category: GST

GST Demand order set aside due to lack of personal hearing, remanding for fresh adjudication.

By | June 1, 2025

I. GST Demand order set aside due to lack of personal hearing, remanding for fresh adjudication. II. Challenge to GST limitation extension notification is stayed pending Supreme Court’s decision. I. GST Demand Order Set Aside Due to Lack of Personal Hearing. Issue: Whether a GST adjudication order passed under Section 73 of the Central Goods… Read More »

Category: GST

IMPORTANT GST CASE LAWS 29.05.2025

By | May 30, 2025

IMPORTANT GST CASE LAWS 29.05.2025 Section Case Law Title Brief Summary Citation Relevant Act 9 (CGST Act) Marudhar Food Products v. Assistant Commissioner, Central Goods and Services Tax Division SLP admitted against High Court judgment; issue of tax leviability prior to 27-7-2023 based on circulars not raised before adjudicating authority. Click Here Central Goods and… Read More »

GST assessment orders are invalid if they lack the Assessing Officer’s signature and a DIN,

By | May 30, 2025

GST assessment orders are invalid if they lack the Assessing Officer’s signature and a DIN, and the department is at liberty to conduct fresh assessments after proper notice. Issue: Whether GST assessment orders (Form GST DRC-07) are valid if they lack the signature of the Assessing Officer and a Document Identification Number (DIN), particularly in… Read More »