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Dr. Deepak Gupta, Solicitor.

Latest Posts by Dr. Deepak Gupta, Solicitor.

GST Multi-Year SCN Validity Under Sections 73 & 74: Legal Split

April 23, 2026 771 Views 0 comment Print

Courts differ on validity of multi-year GST SCNs under Sections 73 and 74. Issue referred to larger bench; legal position remains unsettled.

Illegal GST Cash Seizure Cannot Be Cured by Income Tax Transfer

April 9, 2026 429 Views 0 comment Print

Courts held that cash is not covered under things in GST search provisions unless it serves as evidence. The ruling restricts arbitrary seizure and reinforces that GST searches are for evidence, not recovery.

Section 105 BNSS: A Constitutional Recalibration of Search & Seizure Jurisprudence

March 4, 2026 999 Views 0 comment Print

Section 105 BNSS replaces witness-dependent searches with mandatory audio-video documentation, ensuring transparency and judicial oversight during searches and seizures.

Mastermind Liability, “Taxable Person” and Writ Discipline in Fake ITC Litigation

February 20, 2026 714 Views 0 comment Print

The Court held that individuals controlling sham firms can be treated as “taxable persons” under Section 122. Corporate structure cannot shield GST fraud.

Section 129 vs. Section 130 under GST: From Procedural Safeguards to Substantive Confiscation Powers

December 15, 2025 1878 Views 1 comment Print

The Gujarat High Court ruled that GST confiscation under Section 130 cannot precede the full procedure under Section 129, emphasizing statutory compliance in transit seizures.

No Penalty when Tax and Interest paid before GST SCN: Telangana HC

November 26, 2025 2787 Views 0 comment Print

 Court held that Section 74 proceedings cannot be initiated when tax and interest are paid before issuance of notice under Section 73(5). The ruling confirms that premature invocation of Section 74 is without jurisdiction.

Section 74 of GST Act Cannot Be Invoked Mechanically Without Evidence of Fraud

November 13, 2025 5697 Views 1 comment Print

Citing statutory requirements and CBIC circulars, the Court held that Section 74 cannot be used mechanically without evidence of intent to evade tax, resulting in quashing of orders.

Bombay HC Orders Interest on Refunded Unconstitutional IGST on Ocean Freight

October 24, 2025 933 Views 0 comment Print

Bombay High Court directed the government to pay ₹71.31 lakh interest on IGST illegally collected on ocean freight, ruling that denial violated the principle of unjust enrichment.

HC overturned decision of Appellant Authority due to late filing of hard copy of Appeal

July 5, 2024 960 Views 0 comment Print

Discover how the Madras High Court overturned the Additional Commissioner’s decision in Sunbeam Generators Pvt. Ltd. Vs Additional Commissioner (Appeals-I) due to the late filing of the hard copy of the appeal. Learn about the implications and legal nuances.

ITC alleged from Non Existence Entity/ Bail Granted in GST | Tax Evasion Case

June 12, 2024 846 Views 0 comment Print

ITC alleged from non-existent entity leads to Rs. 6.67 crore tax evasion case in Gujarat High Court. Bail granted to Dipen Champaklal Shah. Learn more.

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