IMPORTANT GST CASE LAWS 28.05.2025

By | May 29, 2025

IMPORTANT GST CASE LAWS 28.05.2025 Section/Rule Case Law Title Brief Summary Citation Relevant Act/Rule 73 (CGST Act), 168A (CGST Act), Rule 142(1A) (CGST Rules), Notification Nos. 09/2023-CT & 56/2023-CT Fair Deal Cars (P.) Ltd. v. Commissioner CGST, Delhi East Commissionerate Matter remanded for re-adjudication; pre-consultation notice not issued, assessee did not file reply or attend… Read More »

GST demand order exceeding SCN amount, including tax, interest, and penalty, is unsustainable under Section 75(7)

By | May 29, 2025

GST demand order exceeding SCN amount, including tax, interest, and penalty, is unsustainable under Section 75(7) and must be set aside and remanded. Issue: Whether a demand order passed under the Central Goods and Services Tax Act, 2017 (CGST Act, 2017), can confirm a demand for tax, interest, and penalty that is significantly in excess… Read More »

Category: GST

Writ petition challenging a single SCN for multiple years under Section 74 is dismissed, alternate remedy (appeal) exists

By | May 29, 2025

Writ petition challenging a single SCN for multiple years under Section 74 is dismissed as an efficacious alternate remedy (appeal) exists and the assessee did not challenge the SCN initially. Issue: Whether a writ petition challenging a show cause notice (SCN) and a subsequent final order issued under Section 74 of the Central Goods and… Read More »

Category: GST

Writ petition against GST demand order is dismissed as assessee’s reply was incomplete; appeal is the proper remedy.

By | May 29, 2025

I. Writ petition against GST demand order is dismissed as assessee’s reply was incomplete; appeal is the proper remedy. II. Challenge to GST limitation extension notifications is stayed pending Supreme Court’s decision. I. Writ Petition Against GST Demand Order Dismissed; Assessee Directed to Avail Appellate Remedy Due to Incomplete Reply. Issue: Whether a writ petition… Read More »

Category: GST

GST demand order set aside due to denied hearing opportunity after audit, remanding for fresh adjudication.

By | May 29, 2025

I. GST demand order set aside due to denied hearing opportunity after audit, remanding for fresh adjudication. II. Challenge to GST limitation extension notifications is stayed pending Supreme Court’s decision. I. GST Demand Order Set Aside Due to Denied Hearing Opportunity After Audit. Issue: Whether a GST demand order passed subsequent to an audit and… Read More »

Category: GST

Detailed GST Demand Order Passed After Considering Reply: Appeal is the Proper Remedy.

By | May 29, 2025

I. Detailed GST demand order is not subject to writ interference if some demands were dropped after considering the reply; appeal is the proper remedy. II. Challenge to GST limitation extension notifications is stayed pending Supreme Court’s decision. I. Detailed GST Demand Order Passed After Considering Reply: Appeal is the Proper Remedy. Issue: Whether a… Read More »

Category: GST

Writ Petition Against GST Demand Order Dismissed; Assessee Directed to Avail Appellate Remedy.

By | May 29, 2025

I. Writ petition against GST demand order is dismissed as assessee received a hearing and an appeal is available, despite a faulty SCN reply due date. II. Challenge to GST limitation extension notifications is stayed pending Supreme Court’s decision. I. Writ Petition Against GST Demand Order Dismissed; Assessee Directed to Avail Appellate Remedy. Issue: Whether… Read More »

Category: GST