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Provisional GST Attachment Requires Proceedings, Not Pre-Decisional Hearing: Karnataka HC

October 14, 2025 996 Views 0 comment Print

Karnataka HC rules GST provisional attachment requires mandatory initiation of specific proceedings (Sec 83). Pre-decisional hearing isn’t required, but summons alone is insufficient.

Bail Condition Satisfied by Electronic Cash Ledger Deposit, Not DRC-03 Form

October 14, 2025 3147 Views 1 comment Print

Gujarat HC confirms deposit into Electronic Cash Ledger (ECL) is valid GST payment to the Government, satisfying bail conditions. Formal debit via DRC-03 is not mandatory.

Section 74 GST Invocation Requires Evasion Intent: Allahabad HC

October 10, 2025 3561 Views 0 comment Print

Allahabad High Court quashes Section 74 GST orders, mandating proof of fraud, wilful misstatement, or suppression with intent to evade tax. Unverified reports and supplier’s registration issues are insufficient.

Appellate Authority Can Re-Adjudicate: Delhi HC on Section 107(11) CGST

October 10, 2025 1569 Views 1 comment Print

Delhi High Court rules the GST Appellate Authority must fully re-examine all evidence and replies under Section 107(11) of the CGST Act. The only bar is remanding the case.

SC Affirms: Stock Discrepancies Require GST Assessment, Not Confiscation

October 9, 2025 2403 Views 0 comment Print

Supreme Court dismisses Revenue’s SLP, ruling that stock discrepancies found during a registered dealer’s survey must be addressed via GST Sections 73/74, not Section 130.

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

October 9, 2025 12450 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 1479 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 1275 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 1725 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 633 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.

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