Writ petitions are not maintainable against assessment orders when an efficacious statutory appeal remedy exists. Issue Whether a public sector undertaking can bypass the statutory appellate remedy under Section 107 of the GST Act and directly file writ petitions under Article 226 of the Constitution to challenge an assessment order on the ground that it… Read More »
High Court exercises writ jurisdiction to condone a 720-day delay in filing a GST registration appeal. Issue Whether a High Court can exercise its extraordinary writ jurisdiction to condone a substantial delay of 720 days in filing an appeal against the cancellation of GST registration, even though the statutory Appellate Authority has no power to… Read More »
Belated appeal rejection overturned; full tax recovery warrants fresh adjudication to consider taxpayer’s reconciliation reply. Issue Whether a writ court should intervene and set aside an assessment order under Section 73 along with a belated statutory appeal rejection, where the taxpayer asserts that the alleged ITC differences stand fully reconciled through prior reversals and RCM… Read More »
Denying a requested personal hearing despite an explicit checkbox selection violates natural justice and invalidates the assessment order. Issue Whether an assessment order and a subsequent rectification order issued under Section 73 are legally sustainable if the Assessing Officer fails to grant a personal hearing despite the taxpayer explicitly opting for it in their Form… Read More »
GST assessment order passed against a deceased sole proprietor is a nullity and void ab initio. Issue Whether a show-cause notice and subsequent assessment order issued under Section 73 of the CGST/TNGST Act in the name of a deceased sole proprietor are legally valid, or if the proceedings are a nullity due to a fundamental… Read More »
Bail granted as uncorroborated confessions of co-accused are inadmissible at the bail stage. Issue Whether the continuous judicial custody of applicants not named in the initial FIR is legally warranted under Section 69 and Section 132 of the CGST Act, 2017, when the primary evidence connecting them to a pan-India GST fraud consists solely of… Read More »
Repeated deficiency memos cannot block GST refunds; fresh applications inherit the original filing date. Issue Whether the tax department’s repeated issuance of deficiency memos without adjudicating a petitioner’s multiple refund requests is legally sustainable, and whether a fresh refund application can be allowed while protecting the original limitation date under Section 54. Facts Multiple Filings:… Read More »
Tax authorities face prima facie contempt for defying explicit court orders to disburse GST refunds. Issue Whether the tax department’s subsequent order rejecting a GST refund claim constitutes prima facie contempt of court when a specific judicial order had already directed the sanction and disbursal of that refund with interest, and multiple deadlines for compliance… Read More »
Section 16(5) non obstante clause overrides Section 16(4) timeline, rendering denial of Input Tax Credit unsustainable. Issue Whether the denial of Input Tax Credit (ITC) under Section 16(4) of the CGST/SGST Act is legally sustainable if the assessee filed the relevant returns within the cut-off period contemplated under the overriding non obstante provisions of Section… Read More »
Appellate order denying GST refund quashed and remanded due to lack of reasoned, speaking findings. Issue Whether a GST appellate order sustaining the rejection of a zero-rated service export refund claim of approximately ₹3.42 crores is legally sustainable if it merely reproduces agreement clauses without recording specific, reasoned, and speaking findings on the merits of… Read More »