IMPORTANT GST CASE LAWS 19.11.2025

By | November 20, 2025

IMPORTANT GST CASE LAWS 19.11.2025

 

SectionCase Law TitleBrief SummaryCitationRelevant Act
Section 29Pixel Trading & Services v. Superintendent, Central Tax and Central ExciseRegistration was restored by court’s extra-ordinary jurisdiction after being mistakenly canceled by the consultant (instead of a sister concern’s).Click HereThe Central Goods and Services Tax Act, 2017 (CGST Act, 2017)
Section 29Gayathri Infra Developers v. Deputy State Tax OfficerRetrospective cancellation for not furnishing bank details, based on a vague SCN with no effective notice, was deemed disproportionate and restoration was permitted.Click HereThe Central Goods and Services Tax Act, 2017 (CGST Act, 2017)
Section 30Dhirghat Hardware Stores v. Union of IndiaPetitioner whose registration was canceled for non-filing of returns for six months was granted two months to approach the authority for restoration by furnishing all pending returns and making full payment (tax, interest, late fee).Click HereThe Central Goods and Services Tax Act, 2017 (CGST Act, 2017)
Section 67Stores Cement v. State of West BengalA belated writ challenge to an earlier inspection (citing absence of ‘reasons to believe’) was not entertained by the court, especially when an appellate remedy was available and the limitation period had passed.Click HereThe Central Goods and Services Tax Act, 2017 (CGST Act, 2017)
Section 73Prolay Dey Sarkar v. State of AssamAdjudication order passed after only a summary SCN (Form GST DRC-01) and without a formal statutory SCN was held unsustainable in law and set aside, as the procedure did not meet statutory requirements.Click HereThe Central Goods and Services Tax Act, 2017 (CGST Act, 2017)
Section 74Purshottam Ray v. Principal Commissioner of CGSTPetitioner, part of multiple entities receiving a common SCN for alleged bogus invoicing, was permitted to file a statutory appeal, accepting that knowledge of the SCN came belatedly, despite registration cancellation.Click HereThe Central Goods and Services Tax Act, 2017 (CGST Act, 2017)
Section 74Metal N Strips v. Joint Commissioner of Commercial Tax (APPEALS – 3)Penalty imposed exceeding the amount determined and proposed in the SCN was held illegal and arbitrary, as penalty cannot exceed the amount specified in the show cause notice.Click HereThe Central Goods and Services Tax Act, 2017 (CGST Act, 2017)
Section 75Prestige Nottinghill Investments v. Union of IndiaDemand for tax, interest, and penalty shall not be in excess of the amount specified in the notice, and no demand shall be confirmed on grounds other than those specified in the notice.Click HereThe Central Goods and Services Tax Act, 2017 (CGST Act, 2017)
Section 79Subir Ghosh v. Deputy Commissioner (ST) (FAC)Attachment of a former director’s personal bank account for company GST dues requires prior adjudication of the director’s liability; the bank notice was treated as an SCN, and attachment was lifted pending adjudication.Click HereThe Central Goods and Services Tax Act, 2017 (CGST Act, 2017)
Section 83Heavy Steel Industry v. Deputy Commissioner of Commercial TaxesA second provisional attachment order immediately after the expiry of the first was held illegal and without jurisdiction, as Section 83(2) mandates cessation after one year and does not permit a fresh attachment on the same grounds.Click HereThe Central Goods and Services Tax Act, 2017 (CGST Act, 2017)
Section 83Ebix Technologies Ltd. v. Directorate General of GST IntelligenceFreezing of a software company’s bank accounts (linked as a witness) for alleged fraudulent ITC, without an opportunity to respond to summons, was found to violate natural justice and could not continue.Click HereThe Central Goods and Services Tax Act, 2017 (CGST Act, 2017)
Section 107Stores Cement v. State of West BengalWrit remedy was not entertained against an Order-in-Original where the petitioner participated without objecting to the non-supply of relied-upon documents, as a statutory appeal was available and the challenge was belated.Click HereThe Central Goods and Services Tax Act, 2017 (CGST Act, 2017)
Section 107Stores Cement v. State of West BengalPetitioner, having been denied writ relief, was permitted to file a statutory appeal against the O-in-O within 30 days, acknowledging the delay was due to the writ pendency, provided the mandatory pre-deposit was made.Click HereThe Central Goods and Services Tax Act, 2017 (CGST Act, 2017)
Section 129Deepam Packaging and Food (P) Ltd. v. Additional Commissioner Grade -2Detention of goods for alleged reuse of an e-way bill/tax invoice was quashed as no proper investigation or verification (return trip, breakdown claim, dealer verification) was undertaken to support the allegation.Click HereThe Central Goods and Services Tax Act, 2017 (CGST Act, 2017)

For More :- Read IMPORTANT GST CASE LAWS 18.11.2025

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