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Himachal Pradesh High Court - When a matter is remanded for fresh adjudication, the appellate author... Meghalaya High Court - GST disputes on classification, exemption, and taxability should generally be... Gauhati High Court - Bona fide purchaser cannot be denied ITC merely because the supplier failed to... Gauhati High Court - ITC cannot be denied to a bona fide purchaser merely because the supplier faile...

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GST

GST - Delhi High Court - Summons under Section 70 is a statutory investigative power and does not infringe any legal right - Does not warrant writ interference [Order attached]
GST - Delhi High Court: Sabka Vishwas Scheme benefit not available for SCNs issued after the cut-off date [Order attached]
GST - Allahabad High Court: Expiry of e-way bill due to technical error does not justify GST penalty [Order attached]
GST - Allahabad High Court: GST proceedings against deceased proprietor without issuing notice to legal heirs is invalid [Order attached]
GST - Allahabad High Court: Proceedings under Section 74 unsustainable merely on basis of suspicion of circular trading or non-production of toll plaza receipts, in the absence of any statutory requirement [Order attache...
GST - Delhi High Court: Cases involving fraudulent availment of ITC entail complex factual examination, making unsuitable for writ adjudication - Directed recourse to statutory appeal [Order attached]
GST – Gujarat High Court: Confiscation under Section 130 with intent to evade payment of tax can be invoked independently without first concluding proceedings under Section 129 [Order attached]
GST - Delhi High Court: Allegations of fraudulent ITC availment involve disputed facts and evidence, rendering them unsuitable for writ jurisdiction; Directed to pursue appellate remedy [Order attached]
GST – Gauhati High Court: Provisions of Section 16(2)(aa) read down till the time CBIC comes out with any practical solution of availability of ITC to the bona fide purchaser; ITC cannot be disallowed solely due to non-c...
GST - Allahabad High Court in the dispute of fake transactions holds recipient's ITC cannot be denied when supplier was registered and had filed GSTR-1 & 3B; Subsequent cancellation of supplier's registration cannot prej...
GST - Karnataka High Court allows refund of incorrect IGST paid on intermediary supplies; Held refund cannot be denied on limitation [Order attached]
GST - Gujarat AAR holds leasing a residential building for long-term accommodation remains exempt as residential renting even when leased to a company [Order attached]
GST - Karnataka High Court: Leasing residential premises as hostels to students and working professionals constitutes renting of residential dwelling for use as residence and is exempt from GST [Order attached]
GST – Delhi High Court: In cases involving allegations of fake ITC, multi-entity fraud or complex investigations, pre-consultation before SCN under 74 is not mandatory after 2020 amendment [Order attached]
GST – Gujarat High Court: IT support services provided by Indian subsidiary to US parent is not intermediary, held to be export of services; Refund rejection set aside [Order attached]
GST – Gujarat High Court: Transfer of GIDC leasehold rights treated as transfer of immovable property and not a taxable supply; SCN under Section 74 quashed; [Order attached]
GST - Delhi High Court: Court hold all the proceedings initiated under deleted Rule 96(10) CGST lapse automatically and cannot be continued by the department ; Petitioners can continue receiving IGST refund benefits [Ord...
GST – Supreme Court: Leasing of Company managed residential dwelling, used as hostel, for students and and working professionals is exempt [Order attached]
Allahabad High Court: Penalty under Section 129 quashed for wrong PIN code, holding minor clerical errors cannot justify seizure or detention when all transport documents are valid [Order attached]
GST - Karnataka High Court: Minor mismatch in description of goods in transport documents cannot justify detention or penalty under Section 129 without evidence of tax evasion [Order attached]
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