GST CASE LAW 18.08.2026

By | August 19, 2026

GST CASE LAW 18.08.2026

Relevant Act Section / Rule Case Law Title / Update Brief Summary Citation
Central Excise Act, 1944 Notification No. 43/2026-Central Excise Govt. withdraws export Special Additional Excise Duty (SAED) on petrol Amends Notification No. 6/2026-Central Excise to reduce SAED on export of Motor Spirit (Petrol) from ₹3.5/litre to Nil (w.e.f. 15-08-2026), excluding specific PSU exports to designated neighboring countries. Click Here
Central Excise Act, 1944 Notification No. 44/2026-Central Excise Govt. reduces SAED on Aviation Turbine Fuel (ATF) Amends Notification No. 8/2026-Central Excise to reduce SAED on Aviation Turbine Fuel (ATF) from ₹22/litre to ₹19.5/litre (w.e.f. 15-08-2026). Click Here
Central Excise Act, 1944 Notification No. 45/2026-Central Excise Govt. withdraws Road and Infrastructure Cess on diesel exports Amends Notification No. 11/2026-Central Excise to reduce Road and Infrastructure Cess on export of High Speed Diesel (HSD) from ₹1.5/litre to Nil (w.e.f. 15-08-2026), excluding specified neighboring exports. Click Here
Rajasthan Goods and Services Tax Act, 2017 Classification / Exemption Tushar Agarwal, In re Deities of marble (HSN 6802 91 00), tropical wood (HSN 4420 11 00), and non-tropical wood (HSN 4420 19 00) are exempt from GST, provided they are actual deities and not decorative statues. Mass-produced resin statues (HSN 3926 40 29) and resin vases (HSN 3926 40 99) do not fall under HSN 9703. Click Here
Central Goods and Services Tax Act, 2017 Section 2 / Heading 9988 Tushar Agarwal, In re Job work services converting raw brass (HSN 7403) into brass statues (HSN 8306) are taxable at 5% if the job worker is registered; otherwise, applicable rate is 18%. Click Here
Central Goods and Services Tax Act, 2017 Section 61 Kanaka Reddy Seerapu v. Union of India A single composite adjudication order passed for multiple tax periods is legally unsustainable and liable to be set aside; separate orders must be issued for each tax period. Click Here
Central Goods and Services Tax Act, 2017 Section 67 Bhima Enterprises v. Principal Chief Commissioner of GST & Central Excise Search authorization issued u/s 67(2) without generating, recording, or communicating a mandatory Document Identification Number (DIN) is invalid and non-compliant. Click Here
Central Goods and Services Tax Act, 2017 Section 73 Amita Singh v. State of U.P. Once GST registration is cancelled and business closed, merely uploading an SCN to the GST portal does not constitute valid service; alternative modes are required to satisfy natural justice. Click Here
Central Goods and Services Tax Act, 2017 Section 74 Additional Commissioner v. Safecon Lifesciences (P.) Ltd. SLP dismissed; Section 74 proceedings cannot be initiated without explicit findings of fraud, misstatement, or suppression when the assessee proves genuine movement of goods and tax payment. Click Here
Central Goods and Services Tax Act, 2017 Section 75 / Section 75(7) Capital Furniture House & Engineering Works v. Commissioner of State Tax Confirming a penalty in the adjudication order (₹96,000) that exceeds the amount proposed in the SCN (₹20,000) violates Section 75(7) and is without jurisdiction. Click Here
Central Goods and Services Tax Act, 2017 Section 129 / Section 129(3) Siddhi Vinayak Automobiles v. Commissioner of Kerala State GST Penalty order in Form GST MOV-09 passed after 47 days violates the strict 7-day statutory time limit under Section 129(3), rendering the order illegal and barred by limitation. Click Here
Central Goods and Services Tax Act, 2017 Section 132 Javed Akhtar v. Union of India Regular bail granted to accused in alleged fake ITC case where investigation was complete, maximum punishment was 5 years, trial was not imminent, and no risk of evidence tampering existed. Click Here
Central Goods and Services Tax Act, 2017 Section 171 DG Anti-Profiteering (DGAP) v. Anuhar Homes (P.) Ltd. Builder held liable for profiteering u/s 171 for collecting 12% GST from homebuyers without passing on the commensurate benefit of post-GST input tax credit (ITC) via price reduction. Click Here