Tag Archives: State Tax Officer

Writ Petition Challenging Section 74 Order Dismissed as Uploading Hearing Notices on GST Portal Constitutes Valid Service

By | September 10, 2026

Writ Petition Challenging Section 74 Order Dismissed as Uploading Hearing Notices on GST Portal Constitutes Valid Service Writ Petition Challenging Section 74 Order Dismissed as Uploading Hearing Notices on GST Portal Constitutes Valid Service Issue Whether an assessment order passed under Section 74 and a consequential recovery notice can be quashed for denial of natural… Read More »

Consolidated Show Cause Notice Covering Multiple Financial Years Under Section 73 Is Legally Invalid and Liable to Be Quashed

By | September 9, 2026

Consolidated Show Cause Notice Covering Multiple Financial Years Under Section 73 Is Legally Invalid and Liable to Be Quashed Issue Whether issuing a single consolidated/composite Show Cause Notice under Section 73 covering multiple financial years (FY 2020-21 to FY 2022-23) is legally sustainable. Facts A consolidated Show Cause Notice (SCN) was issued to the petitioner… Read More »

Show Cause Notice and Order Issued Against a Deceased Sole Proprietor Are Legally Unsustainable

By | August 31, 2026

Show Cause Notice and Order Issued Against a Deceased Sole Proprietor Are Legally Unsustainable Issue Whether a Show Cause Notice (SCN) and consequential demand order issued under Section 73 in the name of a deceased sole proprietor are legally valid and enforceable against the legal heir. Facts Deaseased Proprietor & Business Closure: The sole proprietor… Read More »

Writ Petition Challenging ITC Disallowance Dismissed Due to Inordinate Delay and Failure to Respond to Statutory Notices

By | August 29, 2026

Writ Petition Challenging ITC Disallowance Dismissed Due to Inordinate Delay and Failure to Respond to Statutory Notices Writ Petition Challenging ITC Disallowance Dismissed Due to Inordinate Delay and Failure to Respond to Statutory Notices Issue Whether a writ petition under Article 226 challenging a GST assessment order under Section 73 disallowing ITC due to GSTR-3B… Read More »

Disallowance of Input Tax Credit Quashed as Returns Were Filed Within Amending Section 16(5) Timeline

By | August 29, 2026

Disallowance of Input Tax Credit Quashed as Returns Were Filed Within Amending Section 16(5) Timeline Disallowance of Input Tax Credit Quashed as Returns Were Filed Within Amending Section 16(5) Timeline Issue Whether the disallowance of Input Tax Credit (ITC) for the period October 2017 to March 2018 on the ground of time bar is legally… Read More »

Input Tax Credit Claims Filed Before Cut-Off Date Are Permissible Under Section 16(5)

By | August 27, 2026

Input Tax Credit Claims Filed Before Cut-Off Date Are Permissible Under Section 16(5) Input Tax Credit Claims Filed Before Cut-Off Date Are Permissible Under Section 16(5) Issue Whether an assessee who filed GST returns for the period January to March 2019 on 31.10.2019 is entitled to claim Input Tax Credit (ITC) under the extended timeline… Read More »

Exceeding Composition Threshold Automatically Lapses Option, but Post-Lapse Tax Must Be Calculated Cum-Tax

By | August 27, 2026

Exceeding Composition Threshold Automatically Lapses Option, but Post-Lapse Tax Must Be Calculated Cum-Tax Issue Whether exceeding the aggregate turnover threshold of ₹1.50 crore automatically terminates the composition scheme option under Section 10(3) from the exact date of the breach. Whether post-lapse supplies made by a composition taxpayer who issued non-GST invoices are entitled to cum-tax… Read More »

Lesser Penalty Imposed for Technical E-Way Bill Lapse in Proven Export Case

By | August 17, 2026

Lesser Penalty Imposed for Technical E-Way Bill Lapse in Proven Export Case Lesser Penalty Imposed for Technical E-Way Bill Lapse in Proven Export Case Issue Whether full penalty under Section 129 of the CGST/TNGST Act and denial of export incentives are justified for transporting goods without an E-Way Bill and E-Invoice when the goods are… Read More »

Best Judgment Assessment Orders Quashed as Revenue Failed to Prove Service of Mandatory Statutory Notices

By | August 13, 2026

Best Judgment Assessment Orders Quashed as Revenue Failed to Prove Service of Mandatory Statutory Notices Best Judgment Assessment Orders Quashed as Revenue Failed to Prove Service of Mandatory Statutory Notices Issue Whether best judgment assessment orders passed under Section 62 of the CGST/KGST Act are legally sustainable when no mandatory statutory notices were actually served… Read More »

Fraud at the post-registration amendment stage concerning business premises does not warrant complete cancellation of the original GST registration.

By | August 10, 2026

Fraud at the post-registration amendment stage concerning business premises does not warrant complete cancellation of the original GST registration. Issue Whether alleged fabrication or fraud committed solely at the post-registration amendment stage to add additional business premises justifies the complete cancellation of the original GST registration under Section 29 of the Central Goods and Services… Read More »