IMPORTANT GST CASE LAW 30.05.25
Section/Rule | Case Law Title | Brief Summary | Citation | Relevant Act/Rule |
2 (IGST Act) | Columbia Sportswear India Sourcing (P.) ltd. v. Union of India | Services provided by petitioner as an independent service provider, not an ‘intermediary’; qualifies as ‘export of services’. | Click Here | Integrated Goods and Services Tax Act, 2017 |
16 (CGST Act), Rule 36(4) (CGST Rules) | L & T Geostructure LLP v. Union of India | Rule 36(4) restricting ITC to un-uploaded invoices is constitutionally valid and not violative of Article 14 | Click Here | Central Goods and Services Tax Act, 2017; Central Goods and Services Tax Rules, 2017 |
29 (CGST Act) | A P Manufacturing Co v. Special Commissioner I Appellate Authority | Appeal against retrospective cancellation of registration restored and to be heard on merits as assessee had no knowledge of SCN. | Click Here | Central Goods and Services Tax Act, 2017 |
67 (CGST Act) | Elora Tobacco Company Ltd. v. Union of India | Department directed to furnish certified copies of lost original files; assessee to collect other files from concerned department. | Click Here | Central Goods and Services Tax Act, 2017 |
73 (CGST Act), 112 (CGST Act) | Rohit Kedia v. Assistant Commissioner of State Tax | Matter remanded to appellate authority to decide on merits as appellate tribunal was not yet constituted; appeal dismissed on limitation grounds. | Click Here | Central Goods and Services Tax Act, 2017 |
73 (CGST Act) | Kiran Agarwal v. Govt of NCT of Delhi | Adjudication order set aside and revenue directed to provide hearing; order was cryptic and failed to consider reply. | Click Here | Central Goods and Services Tax Act, 2017 |
73 (CGST Act), 168A (CGST Act), Notification No. 56/2023-CT | Luksun International v. Govt of NCT of Delhi | Impugned order set aside and personal hearing to be provided; passed without personal hearing. Challenge to notification extending limitation period subject to Supreme Court decision. | Central Goods and Services Tax Act, 2017 | |
73 (CGST Act), 169 (CGST Act), 168A (CGST Act), Notification No. 56/2023-CT | Mahadev Industries v. Union of India | Impugned demand order set aside and assessee permitted to file reply to SCN; SCN uploaded on ‘Additional Notices Tab’ not known to assessee. Challenge to notification extending limitation period subject to Supreme Court decision. | Click Here | Central Goods and Services Tax Act, 2017 |
73 (CGST Act) | A.S. Builders v. Union of India | Writ petition disposed of; assessee should avail appeal remedy as demand order passed after affording personal hearing which was not availed. | Click Here | Central Goods and Services Tax Act, 2017 |
73 (CGST Act) | Damanpreet Singh v. Union of India | Matter remanded for fresh decision and personal hearing; order passed without affording opportunity of being heard. | Click Here | Central Goods and Services Tax Act, 2017 |
73 (CGST Act) | Garg India Plastics v. Union of India | GST demand order set aside due to non-service of SCN on a taxpayer with cancelled registration, denying reply and hearing. | Click Here | Central Goods and Services Tax Act, 2017 |
73 (CGST Act) | Cobblerz Shoes v. Principal Commissioner of Delhi Goods and Service Tax | Writ petition disposed of; assessee should avail appeal remedy as demand order passed after affording personal hearing which was not availed. | Click Here | Central Goods and Services Tax Act, 2017 |
73 (CGST Act) | Cristoo Arora v. Union of India | GST Demand Order Set Aside for Being Passed During Pendency of Writ Petition Challenging SCN. | Click Here | Central Goods and Services Tax Act, 2017 |
74 (CGST Act) | Chaturvedi General Order Supp. v. Commissioner, SGST, State Tax U.P. LKO. | Assessment and appellate orders quashed; matter remanded for fresh consideration as no opportunity of hearing granted. | Click Here | Central Goods and Services Tax Act, 2017 |
107 (CGST Act) | Annai Velanganni Industries v. State Tax Officer | Delay of 192 days in filing appeal condoned due to proprietor’s ill-health, and appellate order set aside. | Central Goods and Services Tax Act, 2017 | |
130 (CGST Act) | Additional Commissioner Grade-2 v. Vijay Trading Company | SLP dismissed; High Court rightly held that if excess stock is found, proceedings under sections 73/74 should be pressed, not section 130. | Click Here | Central Goods and Services Tax Act, 2017 |
168A (CGST Act), Notification No. 56/2023-CT | Luksun International v. Govt of NCT of Delhi | Challenge to notification extending limitation period subject to outcome of Supreme Court decision. | Click Here | Central Goods and Services Tax Act, 2017 |
168A (CGST Act), Notification No. 56/2023-CT | Damanpreet Singh v. Union of India | Challenge to notification extending limitation period subject to outcome of Supreme Court decision. | Click Here | Central Goods and Services Tax Act, 2017 |
168A (CGST Act), Notification Nos. 56/2023-CT & 9/2023-CT | Aayushi Hygiene and Care (P.) Ltd. v. Commissioner of DGST | Challenge to notifications extending limitation period subject to outcome of Supreme Court decision. | Click Here | Central Goods and Services Tax Act, 2017 |
168A (CGST Act), Notification No. 56/2023-CT | Garg India Plastics v. Union of India | Challenge to notification extending limitation period subject to outcome of Supreme Court decision. | Click Here | Central Goods and Services Tax Act, 2017 |
168A (CGST Act), Notification Nos. 09/2023-CT & 56/2023-CT | Cristoo Arora v. Union of India | Challenge to notifications extending limitation period subject to outcome of Supreme Court decision. | Click Here | Central Goods and Services Tax Act, 2017 |
169 (CGST Act) | Aayushi Hygiene and Care (P.) Ltd. v. Commissioner of DGST | Impugned order set aside and fresh adjudication order to be passed after affording personal hearing; SCN issued through ‘Additional Notices and Orders’ tab. | Click Here | Central Goods and Services Tax Act, 2017 |
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