IMPORTANT GST CASE LAW 09.06.2025

By | June 21, 2025

IMPORTANT GST CASE LAW 09.06.2025

SECTIONCASE LAW TITLEBrief SummaryCitationRelevant Act
N/AAdvisoryEffective from the July 2025 tax period, auto-populated tax liabilities in Form GSTR-3B from GSTR-1/IFF will become non-editable. Corrections must be made through GSTR-1A before filing GSTR-3B.CLICK HERECentral Goods and Services Tax Act, 2017
N/AAdvisoryStarting from July 2025, the GSTN portal will prohibit the filing of various GST returns (GSTR-1, GSTR-3B, etc.) if they are more than three years past their due date, as mandated by the Finance Act, 2023.CLICK HERECentral Goods and Services Tax Act, 2017
16MHJ Metaltechs (P.) Ltd. v. Central Goods and Services Tax Delhi SouthIn cases involving fraudulent availment of Input Tax Credit (ITC), a writ petition would not be maintainable, following an earlier High Court decision.Click HereCentral Goods and Services Tax Act, 2017
29M. P. Constructions and Planners v. Union of IndiaThe concerned authority has the jurisdiction to drop proceedings for cancellation of registration if the assessee is willing to file all pending returns and pay all dues, including interest and late fees.Click HereCentral Goods and Services Tax Act, 2017
29ST Enterprises v. Commissioner of State GST and VATWhere the State GST department suspended registration but gave no response to restoration requests, it was directed to take a decision within 1 month after receiving the assessee’s reply.Click HereCentral Goods and Services Tax Act, 2017
54M.D. Securities (P.) Ltd. v. Sales Tax Officer AvatoWhere there was a delay in both issuing acknowledgement and processing the refund, the department was directed to process the refund by the next date of hearing.Click HereCentral Goods and Services Tax Act, 2017
54JVG Technology (P.) Ltd. v. Commissioner CGSTThe department cannot withhold a refund that has been permitted by the appellate authority, based on its own opinion under section 54(11) for the purported protection of Revenue’s interest.Click HereCentral Goods and Services Tax Act, 2017
73Merle Construction and Marketing (P.) Ltd. v. State of AssamThe summary of a show cause notice in Form GST DRC-01 is not a substitute for the formal show cause notice required under section 73(1). An order passed without a proper SCN is not sustainable.Click HereCentral Goods and Services Tax Act, 2017
73Assam Enterprise v. State of AssamA summary of a show cause notice in GST DRC-01 is not a substitute for the show cause notice to be issued under section 73(1). An order passed without a proper SCN and hearing is not sustainable.Click HereCentral Goods and Services Tax Act, 2017
73Supper Club v. Govt. of NCT of DelhiAn order passed without considering the assessee’s reply and without providing a proper opportunity of hearing was set aside, and the matter was remanded for reconsideration.Click HereCentral Goods and Services Tax Act, 2017
75Unique Computer & Communication Shop v. State of U.P.A demand created in an order that is in excess of the demand proposed in the show cause notice cannot be sustained as it violates section 75(7).Click HereCentral Goods and Services Tax Act, 2017
75MHJ Metaltechs (P.) Ltd. v. Central Goods and Services Tax Delhi SouthA mere plea by petitioners that they were not given an opportunity for three hearings cannot be accepted when they admittedly attended one of the hearings.Click HereCentral Goods and Services Tax Act, 2017
129Om Logistics Ltd. v. Deputy State Tax OfficerA vehicle could not be impounded based solely on the recovery of an e-way bill from the driver’s possession, where the e-way bill appeared to have been generated without any actual movement of goods.Click HereCentral Goods and Services Tax Act, 2017
132Ripan Jain v. Additional Directorate General of GST Intelligence, Zonal Unit, LudhianaA petition for pre-arrest bail was dismissed as the petitioner’s complicity in creating firms for trading on false invoices was apparent, making custodial investigation necessary.Click HereCentral Goods and Services Tax Act, 2017
168ASupper Club v. Govt. of NCT of DelhiA challenge to CBIC Notification No. 56/2023-CT (extending limitation period) would be subject to the outcome of decisions pending before the Supreme Court and High Court.Click HereCentral Goods and Services Tax Act, 2017
168AMahabir Tiwari v. Union of IndiaCBIC Notification No. 56/2023-CT, extending the limitation for FY 2018-19 and 2019-20, was held ultra vires as it was issued without the recommendation of the GST Council as required by section 168A.Click HereCentral Goods and Services Tax Act, 2017

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