Case-law directory
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
27 rulings found
Supreme Court
Where constitutional validity of section 69 empowering GST authorities to arrest offenders was challenged, challenge was liable to be rejected in view of binding Supreme Court precedent upholding validity of said provision and writ petition was to be disposed of accordingly
Karnataka High Court
Where petitioners involved in alleged large-scale GST evasion sought anticipatory bail to approach judicial forum in another state, limited interim protection was to be granted for ten days subject to personal bond and sureties, passport surrender, and cooperation with investigation as there was no flight risk
Gauhati High Court
Where director of civil construction company was arrested for alleged wrongful ITC based on fabricated invoices for NHIDCL project, all incriminating documents were already seized and petitioner remained over 15 days in custody for an offence punishable up to five years, further detention would not serve purpose and bail was granted considering adverse business impact
Chhattisgarh High Court
Where based on certain statements, financial transactions and operational links, applicant was alleged to have orchestrated creation and operation of firm for fraudulent input tax credit using bogus suppliers and invoices, since there was no unimpeachable document establishing him as proprietor while significant investigation had already been completed, regular bail was to be granted as extended custody and custodial interrogation were not required
Allahabad High Court
Where a person was arrested for alleged GST offences in one State and was produced before a remand Magistrate in another State without securing a transit remand from a Magistrate at place of arrest, such production and detention were impermissible, rendering arrest and remand vitiated and detention illegal, warranting release of detenue on habeas corpus. GST: Where petitioner was arrested for alleged GST offences and arrest memo failed to disclose place of arrest and did not furnish written grounds of arrest as annexure despite departmental circular mandating such procedure, such non-compliance with mandatory arrest safeguards rendered remand order and consequent detention illegal
Delhi High Court
Where company issued high value E-way bills without filing GST returns, was non-existent at registered address, failed to respond to summons but only sent replies, and investigation suggested ineligible ITC and circular trading, seven days prior notice before arrest was justified as natural justice and not a blanket restraint, upholding department's right to investigate and proceed in law
Punjab & Haryana High Court
Where proprietor of GST-registered iron and steel trading concern was arrested for wrongful ITC claims relying on documentary evidence, with judicial custody exceeding three-and-a-half months, further detention was unwarranted as investigation was based on documents, no flight risk or potential for evidence tampering existed and speedy trial rights demanded grant of bail subject to conditions