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Unified GST Recovery Framework Introduced as Section 74A Merges Fraud & Non-Fraud Cases

Goods and Services Tax : Section 74A replaces the earlier Sections 73 and 74, creating a unified framework for tax recovery in cases of short payment, erro...

March 6, 2026 876 Views 0 comment Print

Fraudulent ITC & Fake Invoices under GST: Applicability of Sections 73, 74, 122 & 132

Goods and Services Tax : This case explains situations where ITC is availed and utilised without receipt of goods or services. The ruling clarifies that su...

February 7, 2026 4278 Views 0 comment Print

Section 74 & Mechanical Adjudication Culture In GST: A Call For Judicial Intervention

Goods and Services Tax : Highlights how authorities routinely invoke Section 74 without evidence of fraud and explains courts’ stance that such notices a...

November 21, 2025 2328 Views 0 comment Print

GST DRC-01A: Intimations Under Sections 73, 74, 74A

Goods and Services Tax : Understand the process of GST intimation in Form DRC-01A, issued for tax discrepancies. Learn about the parts of DRC-01A, applicab...

September 1, 2025 31569 Views 2 comments Print

No Time Extension for GST Orders Under Section 73(9) Without Force Majeure

Goods and Services Tax : Calcutta High Court stays a GST order, citing no force majeure for time limit extension under Section 73(9) of the CGST Act for FY...

June 19, 2025 2127 Views 0 comment Print


Latest News


Section 74 GST Notices For Small Value Demands Beyond Section 73 Limitation

Goods and Services Tax : KSCAA represents to the Finance Minister on the misapplication of GST Section 74 notices for small demands, urging restriction to ...

July 29, 2025 36831 Views 0 comment Print

Representation on GST Challenges related to Section 128A & 16(4) ITC Disallowance

Goods and Services Tax : KSCAA highlights practical GST challenges in Sec 128A & Sec 16(4), urging clarifications on appeals, ITC, interest waivers, and mu...

December 17, 2024 7113 Views 0 comment Print


Latest Judiciary


GST SCN Invalid as Multiple Assessment Years Were Clubbed: Madras HC

Goods and Services Tax : The Madras High Court held that clubbing five assessment years in a single GST show cause notice is contrary to Section 73 of the ...

July 2, 2026 174 Views 0 comment Print

GST Assessment Invalid if Section 74 Notice Was not Issued: Madras HC

Goods and Services Tax : The Madras High Court held that an order under Section 74 cannot be passed when the notice was issued under Section 73. The matter...

June 30, 2026 333 Views 0 comment Print

CESTAT Upholds CENVAT Credit as Service Tax Was Paid Before Credit Was Availed

Service Tax : CESTAT Kolkata held that the respondent had paid the Service Tax before availing CENVAT credit on the disputed invoices. Finding n...

June 28, 2026 99 Views 0 comment Print

Promissory Note Decree Restored as Handwriting Expert Opinion Was Not Mandatory

Corporate Law : The Madras High Court held that courts are empowered under Section 73 of the Evidence Act to compare disputed and admitted signatu...

June 27, 2026 114 Views 0 comment Print

Service Tax Demand Quashed as Form 26AS Alone Cannot Establish Tax Liability

Service Tax : The Gauhati High Court held that the extended limitation under Section 73 cannot be invoked without specific findings of fraud, su...

June 27, 2026 477 Views 0 comment Print


Latest Notifications


GST: Section 128A Clarifications on Waiver of interest and penalties

Goods and Services Tax : New GST circular clarifies payment via GSTR-3B for Section 128A benefits, and appeal withdrawals for mixed period demands....

March 27, 2025 27864 Views 1 comment Print

Kerala SGST Act: Interest & Penalty Waiver Guidelines

Goods and Services Tax : Learn about the Kerala SGST Act's interest and penalty waiver under Section 128A, eligibility, application process, and compliance...

March 15, 2025 930 Views 0 comment Print

Clarification on Separate Sections 73 & 74 GST Notices to Same Taxpayer

Goods and Services Tax : Kerala SGST issues guidelines on issuing separate notices for Sections 73 and 74. Ensures clarity and uniformity in handling GST d...

January 20, 2025 8259 Views 0 comment Print


Service tax leviable on teaching yoga & meditation under ‘Health & Fitness Services’

October 12, 2023 1656 Views 0 comment Print

CESTAT Allahabad held that service tax is leviable on services relating to health & fitness by way of teaching yoga and meditation under the category of ‘Health and Fitness Services’.

Deduction u/s 37(1) not allowable on interest paid on late payment of TDS

October 6, 2023 7515 Views 0 comment Print

ITAT Hyderabad held that interest payment on late payment of TDS is not compensatory in nature and is not allowable as deduction u/s 37(1) of the Income Tax Act.

Unsustainable Demand Under Extended Limitation Period Without Tax Evasion Intent

October 3, 2023 2406 Views 0 comment Print

CESTAT Delhi held that mere non-disclosure of the receipts in the service tax return would not mean that there was an intent to evade payment of service tax. Hence, demand invoking extended period of limitation unsustainable.

Service Tax: No Section 78 Penalty without Misrepresentation or Suppression of Facts

September 30, 2023 2208 Views 0 comment Print

In Scaria Thomas & Co vs. Commissioner of Central Excise & ST (CESTAT Ahmedabad) case, learn about the absence of penalty under Section 78 in service tax due to no misrepresentation.

Defect Rectified Under Section 139(9) Validates Original Return from its filing date

September 29, 2023 4236 Views 0 comment Print

ITAT Kolkata held that when original return filed was defective and such defect is removed u/s. 139(9) of the Income Tax Act, the return filed u/s. 139(1) becomes a valid return from the date when it was originally filed. Accordingly, set off business income with carry forwarded business loss allowed.

Kerala HC Quashes GST Assessment Order, Citing Lack of Personal Hearing

September 29, 2023 1533 Views 0 comment Print

Kerala High Court invalidates an assessment order under GST Act due to lack of personal hearing. Explore the case details and court’s decision.

Passing of detention order without recording any findings is unsustainable in law

September 25, 2023 1089 Views 0 comment Print

Allahabad High Court held that passing of detention order without recording any findings with regard to the submissions made by the assessee is unsustainable in the eye of law and liable to be quashed.

No Service Tax on Recharge Coupon/Mobile Connection Handling commission from BSNL

September 15, 2023 2502 Views 0 comment Print

Analysis of CESTAT Chandigarh’s ruling in S. R. Medical Agencies vs. Commissioner of Central Excise regarding service tax on BSNL commission. Learn about the implications.

Refunds under GST: Analysis of relevant provisions & important judgments

September 14, 2023 5040 Views 0 comment Print

Explore GST refund provisions, fraudulent refund schemes, and legal battles. An in-depth analysis of relevant cases and the refund process.

CESTAT Quashes SCN with Contradictory Statements and Presumption

September 12, 2023 1515 Views 0 comment Print

Detailed analysis of the CESTAT Mumbai’s decision to quash a show cause notice with contradictory statements in Maheshwari Transport vs. Commissioner of CE & ST case.

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