IMPORTANT GST CASE LAW 19.05.2025

By | May 22, 2025

IMPORTANT GST CASE LAW 19.05.2025

Section/RuleCase Law TitleBrief SummaryCitationRelevant Act/Rule
6 (CGST Act)Sun Automation Ltd. v. Sales Tax Officer Class IIParallel GST Proceedings Barred: State Demand Order Set Aside and Remanded Due to Prior Central Adjudication.

State department order set aside and remanded for fresh consideration, taking into account CGST appellate order on the same issue.

 

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Central Goods and Services Tax Act, 2017
7 (CGST Act)Tokheim India (P.) Ltd. v. Union of IndiaAdjudication order on GST levy on assignment of leasehold rights stayed pending resolution of similar cases.Click HereCentral Goods and Services Tax Act, 2017
16 (CGST Act)Mahesh Fabrinox (P.) Ltd v. Union of IndiaPetition dismissed with costs for fraudulent ITC availment; due process followed.Click HereCentral Goods and Services Tax Act, 2017
16 (CGST Act)Atul Engineering Udhyog Atul Compound v. Additional Commissioner Grade IIAppellate authority directed to allow submission of documents based on Apex Court judgment for ITC claim consideration.Click HereCentral Goods and Services Tax Act, 2017
73 (CGST Act)National Enterprises v. Union of IndiaTax and penalty orders set aside; opportunity for hearing on merits to be provided after registration cancellation.Click HereCentral Goods and Services Tax Act, 2017
73 (CGST Act)Ajit Kumar Bothra v. Assistant Commissioner of State TaxMatter remanded to appellate authority; dismissal on limitation without personal hearing contrary to statutory scheme.Click HereCentral Goods and Services Tax Act, 2017
73 (CGST Act)Exide Industries Ltd. v. Assistant Commissioner, CGSTDemand order set aside subject to conditions; breach of natural justice for not providing hearing.Click HereCentral Goods and Services Tax Act, 2017
74 (CGST Act)Arena Superstructures (P.) Ltd. v. Union of IndiaDepartment barred from raising claims once resolution plan approved.Click HereCentral Goods and Services Tax Act, 2017
74 (CGST Act)Montage Enterprises (P.) Ltd. v. Central Goods and Services Tax Delhi NorthWrit jurisdiction refused; request for documents and cross-examination not bona fide due to delayed response. 

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Central Goods and Services Tax Act, 2017
75 (CGST Act)Ganapati Enterprise v. State of AssamMatter re-adjudicated; summary order under section 73 without SCN and hearing improper.Click HereCentral Goods and Services Tax Act, 2017
75 (CGST Act)Kuddus Ali v. Assistant Commissioner of Central TaxGST Late Fees and Interest can not be recovered u/s Section 75(12) if GSTR 3B filed

Invocation of section 75(12) improper; self-assessed tax in return requires proceedings under sections 65, 66, 67, 73 or 74.

Click HereCentral Goods and Services Tax Act, 2017
83 (CGST Act)Ajit Kumar Bothra v. Assistant Commissioner of State TaxAttachment order set aside; pre-deposit and recovery already made, exceeding 10% of disputed tax.Click HereCentral Goods and Services Tax Act, 2017
107 (CGST Act)Krishna Kant Thakur v. Union of IndiaAssessee directed to avail appeal remedy; agreements not submitted with objection to SCN.Click HereCentral Goods and Services Tax Act, 2017
107 (CGST Act)APL Apollo Tubes Ltd. v. Commissioner, State Tax GST, UPWrit petition not entertained; statutory alternate remedy of appeal available.Click HereCentral Goods and Services Tax Act, 2017
129 (CGST Act)Aries Agro Ltd. v. State of Uttar PradeshGST department has to issue form MOV 9 even if Penalty is paid to release of detained goods

Penalty order in Form GST MOV-09 required for availing appellate remedy.

Click HereCentral Goods and Services Tax Act, 2017
129 (CGST Act)Pawan Carrying Corporation v. State of West Bengal

Technical glitch in e-way bill leading to wrong vehicle number not grounds for writ petition when alternate remedy exists.

 

Click HereCentral Goods and Services Tax Act, 2017
130 (CGST Act)Viraj Steel & Energy (P.) Ltd. v. Joint Commissioner of State Tax (Appeal)Writ jurisdiction refused; penalty and fine paid without protest, admitting stock shortage.Click HereCentral Goods and Services Tax Act, 2017
161 (CGST Act)Delhi MSW Solutions Ltd. v. Assistant Commissioner of State TaxPersonal hearing directed for pending rectification application concerning disputed ITC.Click HereCentral Goods and Services Tax Act, 2017
168A (CGST Act), 73(10)Amar Nath Jaiswal v. Assistant Commissioner of State TaxOrder passed beyond limitation period stayed; matter adjourned for consideration of force majeure for extension.Click HereCentral Goods and Services Tax Act, 2017

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Category: GST

About CA Satbir Singh

Chartered Accountant having 12+ years of Experience in Taxation , Finance and GST related matters and can be reached at Email : Taxheal@gmail.com