GST CASE LAWS 06.10.2026

By | October 8, 2026

GST CASE LAWS 06.10.2026

 

Relevant Act Section Case Law Title Citation Brief Summary
Central Goods and Services Tax Act, 2017 Section 6 Star Traders v. Commissioner of Central Goods and Service Tax Click Here Subject matter of CGST action (fake invoicing, no real business, wrongful ITC) and SGST action (reconciliation-based scrutiny) were not the same; Section 6(2)(b) does not bar CGST proceedings.
Central Goods and Services Tax Act, 2017 Section 16 Star Traders v. Commissioner of Central Goods and Service Tax Click Here Constitutional challenge to Section 16(2)(c) failed as the provision’s validity under Article 14 stands settled and binding per Supreme Court and High Court precedents.
Central Goods and Services Tax Act, 2017 Section 16 Sri Shib Das Kangsa Banik v. Union of India Click Here Denial of ITC to a bona fide purchasing dealer solely due to the supplier’s failure to deposit GST is unjustified; recovery lies against the supplier, not the purchaser absent collusion.
Central Goods and Services Tax Act, 2017 Section 30 Taba Nitin v. Union of India Click Here GST registration cancelled for non-filing due to financial difficulties was restored on grounds of parity, subject to clearing all pending dues, penalties, and fines.
Central Goods and Services Tax Act, 2017 Section 75 Shivtara Settering Services v. Commissioner, State Tax Click Here Granting a personal hearing under Section 75(4) is mandatory before passing an adverse order; failure to provide it vitiates the order for breach of natural justice.
Central Goods and Services Tax Act, 2017 Section 75 Star Traders v. Commissioner of Central Goods and Service Tax Click Here Ex parte adjudication does not violate natural justice when repeated notices sent via speed post and email were ignored by the assessee without submitting a substantive rebuttal.
Central Goods and Services Tax Act, 2017 Section 93 Gotru Lakshmi Devi v. Assistant Commissioner Click Here An assessment order passed against a deceased sole proprietor is invalid; proceedings can only continue by issuing proper notice to the legal representative.
Central Goods and Services Tax Act, 2017 Section 97 Indian Institute of Engineering Science and Technology Shibpur, In re Click Here An advance ruling application is inadmissible if questions pertain to supplies made by a third party (Consultancy In-charge) rather than the applicant’s own supplies.
Central Goods and Services Tax Act, 2017 Section 107 Rishiraj Singh Rathore v. Commissioner of CGST, Delhi West Commissionerate Click Here Writ petition challenging penalty for fraudulent ITC was declined as disputes involving factual scrutiny must be agitated via the statutory appellate route under Section 107.
Central Goods and Services Tax Act, 2017 Section 107 Rishiraj Singh Rathore v. Commissioner of CGST, Delhi West Commissionerate Click Here Lack of explicit remand powers in the Appellate Authority does not divest it of jurisdiction to hear appeals on merits; writ petitions bypassing Section 107 are non-maintainable.
Central Goods and Services Tax Act, 2017 Section 129 V.K. Brothers v. Sharad Kumar Shukla Click Here Interception of goods in transit without an e-way bill and invoice evidences intent to evade tax; producing documents post-interception does not remedy initial non-compliance.
Central Goods and Services Tax Act, 2017 Section 160 Spectrum Corporation v. Commercial Tax Officer Click Here A detailed GST adjudication order lacking physical or digital signatures lacks statutory authenticity and is invalid, even if the accompanying DRC-07 summary was signed.
Central Goods and Services Tax Act, 2017 Section 169 Biswajit Daw v. Assistant Commissioner State Tax Click Here Uploading notices exclusively under the “Additional Notices/Orders” tab without direct notification deprives the assessee of hearing; ex parte orders passed as a result were quashed.