Case-law directory
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
150 rulings found
Kerala High Court
Where composite show cause notice and order were issued to petitioner covering multiple financial years for tax or ITC not involving fraud, such consolidated proceedings were impermissible as per binding rulings, and composite notices and orders were quashed with liberty to revenue to issue separate notices for each relevant year
GSTAT Thiruvananthapuram
Where business of sole proprietor was discontinued after GSTIN cancellation and no notice or inquiry was made to legal representative regarding inherited estate as required under Section 93(1)(b), proceedings continued against deceased person were impermissible, with liability of legal heir limited to inherited estate, making OIA and underlying proceedings unsustainable and to be set aside. GST: Where assessee filed GSTR-3B returns for July-2017 to February-2018 on 31-7- 2018 and March-2018 on 16-6-2019, within the revised time period permitted by retrospective amendment to Section 16(5), disallowance of input tax credit on ground of limitation was unsustainable and assessee was entitled to claimed ITC with consequential relief
Calcutta High Court
Where ex parte adjudication was made for ITC mismatch without verifying eligibility as mandated by Circular No. 183/15/2022-GST, and no opportunity for petitioner to respond was given, such assessment was unsustainable and was quashed with matter left for reconsideration in accordance with prescribed verification procedure and principles of natural justice
Andhra Pradesh High Court
Where GST-registered trader was subjected to a composite assessment order imposing 100 percent penalty covering multiple tax periods through a single order, such composite assessment was unsustainable as statutory scheme requires separate period-wise orders, and allowing composite orders impairs statutory rights of appeal and renders legislative provisions otiose, thus impugned order was set aside
Andhra Pradesh High Court
Where GST-registered dealer trading in computers and related goods was issued a single show cause notice and composite assessment order covering multiple tax periods, such composite proceedings were unsustainable since law prohibits issuance of a single notice or order for more than one tax period, resulting in setting aside of impugned composite order
Supreme Court
Where State issued SCN dated 13.06.2025 for 2018-19 after annual return due date was extended to 31.12.2020 and limitation period, after excluding COVID period of 1 year 2 months, expired on 28.02.2025, SCN was time-barred under general provision and interference with such notice on ground of limitation was justified GST: Where assessee received a show cause notice invoking extended period on grounds of fraud or concealment without specifying material facts or particulars, and State sought to rely on a counter affidavit to justify allegations, such notice was invalid as its validity must stem from inherent content, rendering extended period invocation and consequent proceedings unsustainable
Allahabad High Court
Where adjudication order under Section 73 was challenged for being non- speaking and for non-consideration of reply regarding mismatch between GSTR-3B, GSTR-2A and GSTR-9, since authority considered assessee's reconciliation reply and hearing, and burden to reconcile ITC claimed was not discharged by mere chart without explanation, writ remedy was not maintainable and statutory appeal could be pursued
Supreme Court
Where assessee engaged in scrap trading faced proceedings for alleged fraudulent ITC and challenged adequacy of SCN and opportunity on grounds of incomplete notice and misdescription, no breach of natural justice was established as adequate opportunity was given, SCN errors were typographical, and relevant relied upon documents for two periods were available, thus writ petition was rejected; instant court was of view that no interference was required as HC had rightly observed that assessee had an alternative remedy under section 107, SLP was to be disposed of
Allahabad High Court
Where adjudication order under Section 73 imposed penalty not proposed in show-cause notice and confirmed tax demand beyond proposal, such order was without jurisdiction due to violation of statutory bar under Section 75(7), rendering demand exceeding notice amount fundamentally illegal and liable to be set aside
Andhra Pradesh High Court
Where a registered firm challenged a single composite assessment order covering multiple periods without separate orders for each period, such composite order was set aside on this ground alone, allowing respondents to initiate fresh proceedings for each period separately if so advised
Gujarat High Court
Where GST demand proceedings were initiated and concluded in name of deceased sole proprietor after cancellation of registration post demise, with SCNs and orders issued on GSTN portal and premises without knowledge of legal heir housewife, all such notices and orders stood invalid and quashed, with liberty reserved to initiate proceedings against legal heir as per law
Calcutta High Court
Where traders faced ITC mismatch demands after ex parte assessment and appeals without proper hearing or compliance with Circular 183/15/2022-GST, including verification of Section 16 conditions, and alleged breach of natural justice, orders were set aside for fresh consideration as opportunity for reconciliation and hearing was not properly afforded
Rajasthan High Court
Where petitioner faced SCN and order alleging wrongful ITC under Section 74, but all documents including SCN, order and reminders on portal lacked digital or physical signatures and carried only a reference number, absence of mandated authentication deprived them of legal existence, rendering all actions non est and all such documents and consequential actions were set aside with liberty to proceed afresh as per law. GST: Where SCN and adjudication order alleging wrongful ITC and imposing demand, interest and penalty were only uploaded under Additional Notices And Orders tab without authenticated service, petitioner remained uninformed and was denied opportunity of personal hearing, such violation of statutory mandate and natural justice warranted setting aside of SCN, adjudication order and recovery, regardless of availability of appellate remedy
Allahabad High Court
Where SCN proposed penalty of Rs. 20,000 but adjudication order confirmed penalty of Rs. 96,000, confirmation of penalty beyond proposed amount was in gross violation of section 75(7), rendering order without jurisdiction, requiring setting aside of such order and remand for fresh decision after affording due hearing
Allahabad High Court
Where SCN invoking extended period for tax or ITC involving fraud was issued without detailing statutory ingredients like fraud, wilful misstatement, or suppression of material facts with intent to evade tax, continuation of proceedings was unsustainable as jurisdictional preconditions were not disclosed, leading to quashing of SCN with liberty to issue a fresh notice in accordance with law
Allahabad High Court
Where petitioner's registration had been cancelled and no business was carried on thereafter, uploading show cause notice solely on GST portal post-cancellation did not constitute valid service, breaching principles of natural justice, as petitioner was under no obligation to check portal and alternative service modes were required, resulting in demand order being quashed
Rajasthan High Court
Where petitioner challenged show cause notice continuing a previously set aside notice under Section 104, issue had already been adjudicated by Division Bench in Gyankeer Tobacco Products (P.) Ltd. v. Additional Commissioner, CE and (Raj), and with identical circumstances there was no ground to depart from that precedent, allowing writ petition and quashing impugned show cause notice
Patna High Court
Where Proper Officer issued order determining tax liability and attached bank account for FY 2022-23 before due date for annual return had expired, such premature adjudication was without authority and impugned order was set aside, requiring fresh proceedings to be initiated only after due date for filing annual return had passed
Andhra Pradesh High Court
Where tax determination proceedings for several periods were concluded by a single composite assessment order, such composite order was impermissible under GST law and accordingly set aside, with authorities permitted to issue separate period-wise orders after providing due opportunity and all consequential proceedings revoked
Andhra Pradesh High Court
Where registered firm was assessed for multiple financial years under a single composite order in proceedings alleging fraud under Section 74, such order was invalid as each tax period requires separate adjudication, so composite order was unsustainable and impugned order was set aside with liberty to issue separate orders for each period in accordance with law