GST CASE LAW 03.09.2026

By | September 4, 2026

GST CASE LAW 03.09.2026

Section Case Law Title Brief Summary Citation Relevant Act
Notification No. 47/2026-CE Government Notification (ATF SAED Reduction) Special Additional Excise Duty (SAED) on Aviation Turbine Fuel (ATF) reduced from ₹19.5/litre to ₹19/litre, effective 01-09-2026 via amendment to Notification No. 8/2026-CE. Click Here Central Excise Act, 1944
Notification No. 46/2026-CE Government Notification (Petrol Export SAED Reduction) SAED on exports of Motor Spirit (Petrol) lowered from ₹3.5/litre to ₹1.5/litre, effective 01-09-2026 (excluding specified PSU exports) via amendment to Notification No. 6/2026-CE. Click Here Central Excise Act, 1944
Notification No. 48/2026-CE Government Notification (Diesel RIC Reduction) Road and Infrastructure Cess (RIC) on High Speed Diesel (HSD) exports reduced from ₹1.5/litre to ₹1/litre, effective 01-09-2026 via amendment to Notification No. 11/2026-CE. Click Here Central Excise Act, 1944
Section 9 N.S. Nayak and Sons v. State of Karnataka Municipal recipient is liable to reimburse verified differential GST paid post-GST rollout by a contractor for pre-GST works, as the State retained the benefit of the completed project. Click Here Central Goods and Services Tax Act, 2017
Section 29 Super Enterprises v. Union of India Cancellation of GST registration quashed for natural justice violation where the SCN scheduled the personal hearing prior to the expiry of the 30-day reply window; revocation permitted. Click Here Central Goods and Services Tax Act, 2017
Section 68 D.S Traders v. Commissioner, Commissioner SGST Internal repositioning of an excavator between project sites of the same GSTIN on a delivery challan without an e-Way Bill attracts penalty; failure to prove sub-20 km exemption sustains levy. Click Here Central Goods and Services Tax Act, 2017
Section 73 B. Enterprise v. State of West Bengal Ex parte ITC reversal order set aside as violative of natural justice because the SCN omitted hearing specifics and was uploaded under the obscure ‘Additional notices and orders’ portal tab. Click Here Central Goods and Services Tax Act, 2017
Section 74 Gita Rani Pan v. Union of India Show cause notice and recovery orders issued in the name of a deceased sole proprietor rather than legal heirs are void ab initio, invalidating all consequential tax and penalty recovery. Click Here Central Goods and Services Tax Act, 2017
Section 107 New Godara Trading Co. v. State of Rajasthan Delay in filing statutory appeal condoned and matter restored for merit-based hearing where default was caused by professional non-communication by the chartered accountant. Click Here Central Goods and Services Tax Act, 2017
Section 112 Niranjan Das v. Poonam Choudhury Disputed interest and penalty recovery stayed during pendency of Section 112 appeal; recovery despite pre-deposit compliance would cause irreparable harm when the first appeal was dismissed solely on limitation. Click Here Central Goods and Services Tax Act, 2017
Section 129 Jai Enterprises v. Pankaj Gandhi, Addl. Commissioner, State Tax Detention and penalty set aside where department presumed reuse of e-way bill solely from same-day double verification without unearthing documentary discrepancies or actual evasion proof. Click Here Central Goods and Services Tax Act, 2017
Section 129 Neptune Sales Corporation v. Additional Commissioner Transit penalty cannot be sustained on speculative assumptions of e-way bill recycling; the burden rests on the department to substantiate intentional tax evasion when all transit documents are valid. Click Here Central Goods and Services Tax Act, 2017