GST / Goods & Service Tax Archive

Delhi HC: Penalty under Section 122(1A) of CGST Act can be imposed on both Taxable and Non-Taxable Person

Delhi HC: Gurudas Mallik Thakur V Commissioner of CGST & Anr. : W.P.(C) 5083/2025 Background The Petitions was filed challenging the Impugned order passed by the Commissioner of CGST. The Petitioners were the directors of the company engaged in business of manpower recruitment. An investigation was conducted against the company wherein it was alleged that …

Supreme Court: Unless Extraordinary Circumstances exits, bail should be granted for offence under Section 132 of CGST Act, 2017

Supreme Court: Vineet Jain V UOI   Background: The Appellant was alleged of the offences under Section 132(1) clause (c), (f) and (h) of the CGST Act, 2017. The chargesheet was filed and the Appellant was under custody for nearly seven months. The Trial Court and Rajasthan HC denied the benefit of bail and ultimately …

Definitive Lack Of Legislative Competence: Kerala High Court Declares Sections 2(17)(E), 7(1)(AA) & Explanation Thereto Of CGST Act As Unconstitutional

Kerala HC: Indian Medical Association v. UOI and Ors. Background: The petitioner challenged the constitutional validity of Section 2(17)(e), Section 7(1)(aa), and its Explanation – treat transactions between clubscor associations and their members as ‘supply’ under GST considering the principle of mutuality where the person cannot make supply to themselves. The Petitioner contended that …

Supreme Court: Right to correct mistakes in the nature of clerical or arithmetical error is a right that flows from right to do business

Supreme Court: CBIC V M/s Aberdare Technologies Pvt. Ltd. : SLP (C) Diary No. 6332/2025 Background: The petitioner, CBIC filed SLP challenging the order of Bombay High Court in the case of Aberdare Technologies Private Limited vs. Central Board of Indirect Taxes and Customs and Ors., wherein the BHC had directed Petitioner to open …

No 2 Year Time Limit for refund of pre-deposit made during the filing of appeal

Jharkhand HC: M/S BLA Infrastructure Private Limited V The State Of Jharkhand : 2025 (2) TMI (352) Background: The petitioner, BLA Infrastructure Private Limited, is a registered dealer under the Goods & Services Tax Act, involved in the business of loading, unloading, and transporting coal. In January 2021, the petitioner was issued a show-cause notice …

Guahati High Court quashed the Cancellation order due to its procedural deficiencies and lack of reasoning

Guahati HC: Sri Mohan Mech V. Union of India : 2025 (3) TMI 1335 Background: The petitioner M/s Sri Mohan Mech, had obtained GST registration under the Central Goods and Services Tax (CGST) Act, 2017. The Petitioner received a Show Cause Notice asking why his GST registration should not be cancelled due to the failure …

No requirement to reverse ITC under Section 17(5)(h) of CGST Act in case of loss of consumption of input which is inherent to manufacturing loss

Decision of Hon’ble Madras High Court (Hon’ble Single Judge Bench) in the case of M/s ARS Steels & Alloy International Pvt. Ltd. v. The State Tax Officer, (Batch of writ petitions led by W.P. No. 2885 of 2021) Gist There is no requirement to reverse input tax credit (under Section 17(5)(h) of CGST Act), in …