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Section 74 GST Invocation Requires Evasion Intent: Allahabad HC

October 10, 2025 1704 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 513 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 825 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 11082 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 711 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 567 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 672 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 198 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 435 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 315 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.

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