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Bombay HC Admits GST Challenge to ITC on Supplier’s Tax Default

October 9, 2025 12276 Views 0 comment Print

Bombay High Court admits challenge to Section 16(2)(c) of CGST Act on supplier tax default, granting conditional stay amid conflicting High Court rulings on ITC validity.

Retrospective GST Registration Cancellation Without Clear Proposal in SCN Held Invalid

October 7, 2025 1377 Views 0 comment Print

Calcutta High Court ruled that GST registration cannot be cancelled retrospectively if the show cause notice lacks clear allegations or retrospective proposal.

No Bank Attachment After GST Pre-Deposit: Andhra Pradesh HC

October 7, 2025 1140 Views 0 comment Print

Andhra Pradesh High Court held that recovery or bank account attachment is impermissible after 10% pre-deposit under Section 107 of the GST Act.

SC upholds maximum of three adjournments may be granted but does not mandate granting all three

October 7, 2025 1590 Views 0 comment Print

Supreme Court held that only up to three adjournments may be granted under GST law and denial beyond this does not violate natural justice principles.

Writ isnot maintainable in case of disputed facts for detention of goods: Calcutta HC

October 6, 2025 576 Views 0 comment Print

Calcutta HC dismisses a writ against a GST goods detention and penalty order, directing the taxpayer to use the statutory appellate remedy due to disputed facts and discrepancies in the driver’s statement.

No ITC Refund on Business Closure Under CGST Act: Sikkim HC 

October 6, 2025 936 Views 0 comment Print

Sikkim HC rules that refund of unutilised ITC upon business closure is not permissible under the CGST Act, as Section 54 limits refunds to zero-rated supplies and inverted duty structure only.

Writ Not Maintainable for mere Erroneous Section Reference in GST SCN/Order

October 6, 2025 894 Views 0 comment Print

Bombay HC rejects a writ against a GST order, ruling that quoting an incorrect section in the SCN is an arguable error for the appellate authority, not a ground to bypass statutory remedy.

Principal-to-Principal Service is Export, Not Intermediary: Rajasthan HC

October 4, 2025 1365 Views 0 comment Print

Rajasthan HC rules bilateral contracts with a foreign entity are ‘export of services,’ not ‘intermediary’ under GST, entitling the Indian supplier to an IGST refund.

GST Refund with Interest Allowed for Wrongly Adjusted Cancelled Liability

October 4, 2025 687 Views 0 comment Print

The Delhi High Court mandates refund with statutory interest when a taxpayer’s GST refund is wrongly adjusted against an outstanding liability that was subsequently cancelled.

AAR Ruling Not Binding on Other GSTIN Holders even under same brand: MP High Court

October 3, 2025 690 Views 0 comment Print

MP High Court rules an Advance Ruling (AAR) against one GSTIN holder cannot bind an independent business, even under the same brand, citing Section 103 of the CGST Act.

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