GST CASE LAWS 27.10.2026
Here is the summary and analysis of the case laws and statutory notifications provided, presented in a structured table.
Case Law & Statutory Notifications Summary
| Relevant Act | Section | Case Law Title / Circular | Citation | Brief Summary |
| Uttar Pradesh Goods and Services Tax Act, 2017 | Tariff / Classification | Roongta Ispat Udyog v. Commissioner CGST & Central Excise Kanpur | Click here | Ghamella/Tasla (manufactured via deep-drawing without cutting edges) falls under HSN 7323 94 10 as household tableware/kitchenware, not as exempt agricultural hand tools under HSN 8201. |
| Central Goods and Services Tax Act, 2017 | Section 16 | Jaykay Trade Links v. Assistant Commissioner | Click Here | Under the non-obstante Section 16(5), if returns for Jan–Mar 2019 were filed by 30.11.2021, the Section 16(4) deadline becomes irrelevant, entitling the petitioner to ITC. |
| Central Goods and Services Tax Act, 2017 | Section 34 | Agrico Organics Ltd v. Commissioner of Commercial Taxes, Karnataka | Click Here | Reporting tax on in-year returned goods credit notes as ITC in GSTR-3B without reducing output tax caused no revenue loss; error was procedural, so Section 34 was substantively complied with. |
| Central Goods and Services Tax Act, 2017 | Section 54 | Hirenkumar Valjibhai Sankhala v. Deputy Commissioner of State Tax | Click here | Refund claim for tax voluntarily deposited during search is non-maintainable as no tax was paid in excess; SC dismissed SLP as not pressed while granting liberty to file a statutory appeal. |
| Central Goods and Services Tax Act, 2017 | Section 67 | Hirenkumar Valjibhai Sankhala v. Deputy Commissioner of State Tax | Click here | Voluntary payment made post-admission of tax suppression during search, without contemporaneous complaint of coercion, cannot be challenged as coercive recovery under writ jurisdiction. |
| Central Goods and Services Tax Act, 2017 | Section 73 | Agrico Organics Ltd v. Commissioner of Commercial Taxes, Karnataka | Click Here | A demand raised solely on GSTR-3B vs GSTR-2A mismatch without verifying records/credit notes is unsustainable; mismatch alone for FY 2017-18 does not establish wrongful ITC availment. |
| Central Goods and Services Tax Act, 2017 | Section 73 | Agrico Organics Ltd v. Commissioner of Commercial Taxes, Karnataka | Click Here | Where no tax was found to be due or wrongly availed, interest (as a compensatory levy) and penalty under Section 73 cannot be sustained. |
| Central Goods and Services Tax Act, 2017 | Section 74 | Hirenkumar Valjibhai Sankhala v. Deputy Commissioner of State Tax | Click here | Voluntary deposit via DRC-03 post-search concludes proceedings; DRC-04 is merely an acknowledgment with no fixed timeline, rendering subsequent coercion claims/refund requests invalid. |
| Central Goods and Services Tax Act, 2017 | Section 74 | Marvel Tours (P.) Ltd. v. Union of India | Click here | Issuing a single composite Show Cause Notice under Section 74(1) across multiple assessment years is impermissible and invalid; period-wise notices must be issued afresh. |
| Central Goods and Services Tax Act, 2017 | Section 75 | Agrico Organics Ltd v. Commissioner of Commercial Taxes, Karnataka | Click Here | Where SCN was confined strictly to GSTR-3B vs GSTR-2A mismatch, the Revenue cannot introduce new grounds on appeal regarding non-reversal or pass-through of incidence. |
| Central Goods and Services Tax Act, 2017 | Section 111 | Afia Steel Ispat Private Limited v. Rajesh Kumar, Additional Commissioner of SGST (Appeal) | Click here | Appeal dismissed for non-prosecution due to persistent non-compliance, failure to cure defects despite notice, and repeated unexcused absences by the appellant. |
| Central Goods and Services Tax Act, 2017 | Section 112 | P K Feeds & Manures v. Quorum | Click here | Delay in filing appeal was condoned as bona fide due to accountant’s exit, lack of portal awareness, and CA’s ill-health; balance recovery deemed stayed pending disposal. |
| Central Goods and Services Tax Act, 2017 | Section 122 | Roongta Ispat Udyog v. Commissioner CGST & Central Excise Kanpur | Click here | Deliberately shifting classification from HSN 8201 9000 (0%) to HSN 7323 94 10 for identical goods without physical changes constitutes tax suppression, justifying Section 122(1)(x) penalty. |
| Central Goods and Services Tax Act, 2017 | Section 125 | Omega Slayers (P.) Ltd. v. Commissioner Commercial Tax State Tax Lko. | Click here | Imposition of a ₹50,000 penalty under UP GST for delayed return filing breached the statutory cap under Section 125, resulting in the penalty order being quashed. |
| Central Goods and Services Tax Act, 2017 | Section 128A | Baama Ventures v. State Tax Officer | Click Here | Taxpayer depositing full amnesty liability in ECL on time achieves substantive compliance; minor delay in submitting the appropriation form cannot bar amnesty benefits under Section 128A. |
| Central Goods and Services Tax Act, 2017 | Section 129 | Asat Logistics (P.) Ltd. v. Commissioner of State Tax | Click Here | Inter-state stock transfers with e-way bills expired by 6 days without extension or valid justification (e.g., breakdown) warrant a Section 129 penalty; stock transfer status grants no exemption. |
| Central Goods and Services Tax Act, 2017 | Section 129 | Asat Logistics (P.) Ltd. v. Commissioner of State Tax | Click Here | CBIC Circular No. 64/38/2018-GST does not bar Section 129 proceedings for expired e-way bills; 200% tax penalty is validly sustained. |
| Central Goods and Services Tax Act, 2017 | Section 129 | Asat Logistics (P.) Ltd. v. Commissioner of State Tax | Click Here | Proof of intent to evade tax (mens rea) is not required for civil detention and penalty proceedings under Section 129 once the statutory breach is established. |
| Central Goods and Services Tax Act, 2017 | Section 129 | Asat Logistics (P.) Ltd. v. Commissioner of State Tax | Click Here | Intercepting goods with e-way bills expired by 6 days without extension or attempt to regularize transit justifies an adverse inference and sustained Section 129 penalty. |
| Central Goods and Services Tax Act, 2017 | Section 171 | DGAP, DG Anti Profiteering v. Candeur Constructions | Click here | Anti-profiteering computation of 1.70% additional ITC benefit based on pre/post-GST credits relative to purchase value is legally sustainable and ensures equitable buyer-wise allocation. |
| Central Goods and Services Tax Act, 2017 | Section 171 | DGAP, DG Anti Profiteering v. Candeur Constructions | Click here | Pre-GST purchase/credit data can validly benchmark additional ITC benefits under Section 171 even if the post-GST Commencement Certificate was issued later, absent proof of a separate project. |
| Central Goods and Services Tax Act, 2017 | Section 171 | DGAP, DG Anti Profiteering v. Candeur Constructions | Click here | Profiteering calculation yielding ₹43.56/sq. ft. (totaling ₹1.632 crore) based on OC and sold area is valid, and GST on excess realization forms part of the profiteered amount. |
Please let me know if you would like any further breakdown or additional insights on these decisions!

