| Section 16 |
MPS Steels v. Commissioner of CGST & CE, Kochi |
Confirming an ITC demand under Section 16(2)(c) when the show-cause notice only alleged contravention of Section 16(2)(aa) goes beyond the scope of the notice and is impermissible; the demand, interest, and penalty were set aside. |
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Central Goods and Services Tax Act, 2017 |
| Section 29 |
BPJ Construction LLP v. Himanshu Verma |
Cancelling GST registration based on a vague show-cause notice lacking supplier details, GSTINs, and specific grounds—and relying on new materials at the appellate stage—violates natural justice, rendering both orders unsustainable. |
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Central Goods and Services Tax Act, 2017 |
| Section 54 |
Propix Technologies (P.) Ltd. v. Commissioner of State Tax, Maharashtra |
Refund on deemed export supplies to an EOU was admissible with Section 56 interest because Form A, Form B, and non-claim declarations were properly submitted, clubbing tax periods across multiple financial years is permitted, and the claim filed on 08.01.2025 for Dec 2023–May 2024 supplies fell within the two-year limitation period. |
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Central Goods and Services Tax Act, 2017 |
| Section 107 |
Shailendra Kumar Singh v. Mansi Udhyog |
Where the first appellate authority set aside both penalty and fine under Sections 122 and 130(2), Revenue’s second appeal challenging only the fine without assailing the penalty finding was not maintainable and was dismissed summarily. |
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Central Goods and Services Tax Act, 2017 |
| Section 113 |
DGAP, Director General of Anti-profiteering v. Bengal Shapoorji Housing Development (P.) Ltd. |
Rectification jurisdiction under Rule 31 is restricted to apparent clerical or factual errors and cannot be used to review merits, rely on subsequent decisions, or exclude the GST component from profiteered amounts already directed to be refunded. |
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Central Goods and Services Tax Act, 2017 |
| Section 129 |
Shaily Singh v. Prabhu Aastha Enterprise (P.) Ltd. |
Detaining goods and imposing a penalty for non-filing of Part-B of an e-way bill during a short intra-State feeder movement (within the 50 km exemption) was unjustified where invoices and Part-A were intact and no tax evasion existed. |
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Central Goods and Services Tax Act, 2017 |
| Section 129 |
Shyam Vir Singh v. A.A Enterprises |
Penalty imposed on goods accompanied by a valid invoice and live e-way bill solely on the basis of a driver’s uncorroborated roadside statement regarding loading from an unregistered site—without independent field inquiry or intent to evade—was unsustainable. |
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Central Goods and Services Tax Act, 2017 |
| Section 130 |
Vishal Singh v. Poorvi Enterprises |
Mere excess stock quantified via visual estimation cannot justify confiscation and penalty under Section 130 in the absence of evidence of manipulation, unaccounted manufacture, or intent to evade tax; such discrepancies must be addressed under regular demand provisions. |
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Central Goods and Services Tax Act, 2017 |
| Section 140 |
Devasurya Traders v. Commissioner of Kerala State GST |
Transitional credit on a pre-GST truck chassis disclosed in VAT returns could not be denied merely for non-filing of specific VAT forms prior to commercial use, whereas transitional KVAT credit claimed without any carry-forward balance in the June 2017 VAT return was rightly denied. |
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Central Goods and Services Tax Act, 2017 |
| Section 169 |
Ramprastha Promoters & Developers (P.) Ltd. v. State of Haryana |
Writ petition challenging the validity of serving notices and orders via the ‘View Additional Notices and Orders’ tab on the GST portal was disposed of in terms of the settled precedent in Luxmi Traders v. Union Territory of Chandigarh. |
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Central Goods and Services Tax Act, 2017 |
| Section 171 |
DGAP, Director General of Anti-profiteering v. Bengal Shapoorji Housing Development (P.) Ltd. |
Profiteered amounts must be refunded directly to homebuyers whose bank details are available, while deposits into Central and State Consumer Welfare Funds (in equal shares under Rule 133(3)(c)) are permitted only after proving bona fide efforts to trace remaining allottees. |
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Central Goods and Services Tax Act, 2017 |