IMPORTANT GST CASE LAWS 22.05.2025

By | May 24, 2025

IMPORTANT GST CASE LAWS 22.05.2025

Section Case Law Title Brief Summary Citation Relevant Act
2 (IGST Act) IDP Education India Pvt Ltd v. Union of India Assessee providing support services to foreign holding company for Indian students not an intermediary; refund claim of IGST cannot be rejected. Click Here Integrated Goods and Services Tax Act, 2017
9 (CGST Act) Ashoka Buildcon Ltd. v. State of Jharkhand Government contractor awarded in pre-GST period entitled to benefit of amended General Conditions of Contract in GST regime. Click Here Central Goods and Services Tax Act, 2017
16 (CGST Act) Mukesh Kumar Garg v. Union of India Writ petition not entertained for fake ITC penalty as appealable order and factual adjudication not possible in writ. Click Here Central Goods and Services Tax Act, 2017
16 (CGST Act) Pret Study by Janak Fashions (P.) Ltd. v. Assistant Commissioner, Division Mcie Writ Petition Not Entertained Due to Assessee’s Lack of Diligence in Responding to Show Cause Notice for Fraudulent ITC Click Here Central Goods and Services Tax Act, 2017
16 (CGST Act) Dutt Metal Craft v. State of U.P. Writ petition disposed of; apprehension about debiting electronic credit register addressed as amount was only blocked, not debited. Click Here Central Goods and Services Tax Act, 2017
16 (CGST Act) Banson Enterprises v. Assistant Commissioner CGST Writ Petition Not Maintained for Procedural Challenges in ITC Denial When Appellate Remedy Exists Click Here Central Goods and Services Tax Act, 2017
16 (CGST Act) Harsh Khanna and Sons HUF v. Assistant Commissioner GST Delhi East Delayed GSTR-3B Filing: Writ Petition Not Entertained; Assessee Directed to Appellate Remedy for ITC Denial Click Here Central Goods and Services Tax Act, 2017
16 (CGST Act) Ittefaq Steels and Scarp Traders v. Additional Chief Secretary Order blocking electronic credit ledger based on borrowed satisfaction and without specific reasons impermissible in law. Click Here Central Goods and Services Tax Act, 2017
16 (CGST Act) ESDS Software Solution Ltd. v. Assistant Commissioner of Commercial Taxes Rectification of GSTR-1 for Mismatch Allowed for AY 2020-21 Onwards, Extending Circular 183/2022. Click Here Central Goods and Services Tax Act, 2017
29 (CGST Act) Garg Candle Works v. Commissioner, Delhi GST Retrospective Cancellation of GST Registration not Allowed Based on Non-Filing of Returns After Assessee Applied for Cancellation Click Here Central Goods and Services Tax Act, 2017
30 (CGST Act) Om Auto Wheels v. Commissioner of Central Goods & Service Tax Commissionerate Assessee allowed to apply for revocation of cancellation of GST registration on condition of filing returns and depositing dues. Click Here Central Goods and Services Tax Act, 2017
30 (CGST Act) Kirtidan Samarthdan Gadhavi v. State of Gujarat Order cancelling registration set aside; assessee willing to deposit GST, interest, and penalty, and abide by GST provisions. Click Here Central Goods and Services Tax Act, 2017
49 (CGST Act), Rule 86A (CGST Rules) A G Automotive v. State of Karnataka

Blocking of Electronic Credit Ledger Quashed for Lack of Pre-Decisional Hearing and Independent Reasons

Click Here Central Goods and Services Tax Act, 2017; Central Goods and Services Tax Rules, 2017
54 (CGST Act) Edelweiss Rural & corporate Services Ltd. v. Deputy Commissioner of Revenue Direction to credit refund amount to credit ledger instead of bank account was self-contradictory when business closed and no tax dues. Click Here Central Goods and Services Tax Act, 2017
67 (CGST Act) Gopal Trading Company v. State of U.P. In case of excess stock found in search, proceedings under section 73/74 to be pressed, not section 130. Click Here Central Goods and Services Tax Act, 2017
73 (CGST Act) Pashmeen Overseas v. Commissioner of Delhi GST Matter re-adjudicated;Opportunity of Hearing Granted for Section 73 Demand; Click Here Central Goods and Services Tax Act, 2017
73 (CGST Act), 168A (CGST Act) Krishna Sales v. Commissioner of Delhi Goods and Service Tax Challenge to Notification Nos. 9/2023-CT and 56/2023-CT extending time limit subject to Supreme Court decision. Click Here Central Goods and Services Tax Act, 2017
73 (CGST Act), 169 (CGST Act) Krishna Sales v. Commissioner of Delhi Goods and Service Tax GST demand order set aside; SCN uploaded on ‘Additional Notices Tab’ not known to assessee. Click Here Central Goods and Services Tax Act, 2017
73 (CGST Act) Kashedi Parshuram Highways (P.) Ltd. v. Union of India Writ Petition Dismissed for Failure to Avail Statutory Appeal Remedy in Section 73 Demand Click Here Central Goods and Services Tax Act, 2017
73 (Finance Act, 1994) Akash Tour and Travel v. Union of India

Service Tax Demand Order Quashed Due to Unexplained Delay in Adjudication

Click Here Finance Act, 1994
74 (CGST Act) Himalaya Wellness Company v. Union of India

Writ Petition Against Show Cause Notice Under Section 74 Dismissed as Premature

Click Here Central Goods and Services Tax Act, 2017
74 (CGST Act) Reliable Trading Company v. Joint Director Directorate General of Goods and Services Tax Intelligence (DGGI) Zonal Unit, Meerut Writ Petition Against Section 74 Demand Dismissed: Fraudulent ITC Allegations Fall Squarely Under Section 74 Click Here Central Goods and Services Tax Act, 2017
75 (CGST Act) Mayank Mineral v. State of U.P. GST Demand Exceeding SCN Amount Upheld When Discrepancies Not Explained and Documents Not Produced Click Here Central Goods and Services Tax Act, 2017
75 (CGST Act) Priya Enterprises v. State of U.P.

Demand Order Under Section 73(9) Set Aside for Denial of Personal Hearing, Remanded for Fresh Adjudication.

Click Here Central Goods and Services Tax Act, 2017
93 (CGST Act) Devendra Kumar Singh v. State of U.P.

Demand Order Against Deceased Proprietor Quashed; Proceedings Against Legal Heir Must Follow Due Process.

Click Here Central Goods and Services Tax Act, 2017
107 (CGST Act) Harsheel Auto Planet v. Commissioner (Appeals), CGST, Central Excise & Customs

Appeal Rejected for Pre-deposit Non-Compliance Set Aside; Appellate Authority Directed to Hear on Merits After Allowing Deposit.

Click Here Central Goods and Services Tax Act, 2017
160 (CGST Act) Andhra Cotton Stores v. Assistant Commissioner

Assessment Order Quashed for Absence of DIN; Fresh Proceedings Allowed with DIN.

Click Here Central Goods and Services Tax Act, 2017
160 (CGST Act) K.L.R. Constructions v. Deputy Assistant Commissioner STI

Assessment Order Quashed for Lack of Assessing Officer’s Signature; Proceedings Set Aside.

Click Here Central Goods and Services Tax Act, 2017
161 (CGST Act) Tvl.Kajah Enterprises (P.) Ltd. v. Assistant Commissioner (Inspection) (ST-IU) Rectification application cannot be rejected without assigning reasons and providing hearing; reasons for no error apparent on face of record required. Click Here Central Goods and Services Tax Act, 2017
168A (CGST Act) Pashmeen Overseas v. Commissioner of Delhi GST Challenge to Notifications 09/2023-CT and 56/2023-CT extending limitation period subject to Supreme Court decision. Click Here Central Goods and Services Tax Act, 2017
168A (CGST Act) Tvl.N.V.R. Sons v. Union of India Notifications extending time limit for passing order under section 73(9) valid and issued appropriately due to exceptional circumstances. Click Here Central 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