Topic

GST Litigation

7 articles

Indirect Tax & GST

A Division Bench of the Orissa High Court has issued notice and restrained coercive action on a Section 74 order for 2019-20, where the assessee had paid the tax on the audit finding and the Department had written that the audit proceedings stood closed. The Court's reasoning is prima facie and interim, but it states plainly that the conditions for Section 74 were not satisfied.

14 min read
Indirect Tax & GST

A Division Bench of the Orissa High Court has quashed a Section 74 order for 2019-20 that proceeded as if no reply existed, although the Superintendent had signed an acknowledgment of the contractor's written reply. The Court held that Rule 142(4) of the CGST Rules does not make electronic filing a condition of being heard, remitted the matter, and left the limitation and jurisdiction questions open.

13 min read
Indirect Tax & GST

A taxpayer challenged a best-judgment GST assessment order two and a half years after it was passed, arguing that filing his return afterwards meant the order stood automatically withdrawn. The Telangana High Court never reached that argument — it dismissed the petition for delay, exposing a gap between the taxpayer's account of why he could not act sooner and the actual timeline on record.

13 min read
Indirect Tax & GST

When a single Order-in-Original runs to 1,881 pages and names 629 firms and individuals in an alleged fake-invoicing racket, does an individual noticee's claim that its reply was never considered open the door to a writ petition? The Delhi High Court says no — and distinguishes the Supreme Court's ASP Traders on the ground that a mass adjudication order is not the same as an unreasoned order against a single assessee.

14 min read
Indirect Tax & GST

Eighteen sub-contractors, a works-contract chain running into crores, and a jurisdictional argument that Section 61 scrutiny must precede every GST demand. The Allahabad High Court draws the line between a Section 61-triggered notice and one built on independent verification, and holds the two are not interchangeable gateways.

13 min read
Indirect Tax & GST

A show cause notice covering financial years 2019-20 to 2021-22, alleging suppression of taxable value, was quashed because the CGST Act ties assessment and its five-year limitation to each financial year separately. The Bombay High Court held itself bound by its own precedent over a contrary Delhi High Court view — even after the Supreme Court declined to interfere with that view — but preserved the Revenue's liberty to revive the case if a pending Larger Bench reference goes the other way.

13 min read
Indirect Tax & GST

An audit objection, a notice parked in the department's own 'call book', and a bare assertion of suppression were not enough to invoke GST's extended limitation period. The Supreme Court draws a sharp line between reciting the words of Section 74 and actually pleading the facts that justify it.

13 min read