The Madras High Court dismissed Tvl. Saravana Projects & Co.’s writ against a confirmed GST demand for excess Input Tax Credit (ITC), finding no procedural defects in the order. The court noted the writ was filed after the statutory delay condonation period for appeal expired.
Gauhati High Court declined to entertain a writ against a GST order alleging double taxation on a joint venture, holding that the issue should be raised before the appellate authority, with liberty to appeal within 45 days without limitation bar.
High Court directs Central GST to consider the jurisdictional bar under Section 6(2)(b) before adjudicating years already finalized by State GST Authorities.
High Court found the GST department failed to follow natural justice principles by not ensuring proper alternative service of the Show Cause Notice.
The Delhi High Court ruled that the Principal Additional Director General of DGGI is authorized to provisionally attach bank accounts under Section 83 of the CGST Act. The court referenced Notification No. 14/2017, equating the rank to a Principal Commissioner.
This judgment clarifies that any final GST demand must strictly adhere to the maximum amount specified in the original show-cause notice, as per Section 75(7) of the GST Act.
Proceedings under Section 73 of the GST Act are void if the SCN and demand are issued against a deceased proprietor without notifying the legal representative. The court held that Section 93 does not permit determination against a dead person.
The Supreme Court dismissed the revenue’s appeal, affirming an SEZ Unit’s right to claim a refund of unutilised Input Tax Credit (ITC) under Rule 89 for exports made under LUT. The question of law regarding who can claim the refund remains open.
The Gujarat High Court quashed a faceless assessment order totaling Rs. 3.87 crore after finding the Assessing Officer failed to consider the assessee’s timely reply, violating principles of natural justice.
Delhi ITAT held that disallowance under Section 14A cannot be made without Assessing Officer recording satisfaction about correctness of assessee’s claim. Since no such satisfaction was recorded, ₹25.06 lakh disallowance was deleted.
