Category: GST Law

Archive for the ‘GST Law’ Category


Shri Mukesh Agarwal v. UOI & Ors (Gau)(HC) www.itatonline.org

Central Goods and Services Act , 2017 .

S. 132(1)(a) : Punishment for certain offences -Arrest – Bail – Arrest for alleged GST evasion – Mandatory compliance with procedure under BNSS, 2023 – Violation of Supreme Court guidelines in Arnesh Kumar and Satender Kumar Antil – Bail granted .[S. 69, 70, 132(5), BNSS, 2023, 35(1)(b) (ii), 35(3), 47, 48, Criminal Procedure Code , 1973 S .41A, Indian Penal Code 1860, S. 498A , Dowry Prohibition Act , 1961 , S. 4 , Art. 226 ]

Ujjawal Kumar Agarwal v. State of Assam (Gau)(HC) www.itatonline.org

Assam Goods and Services Act, 2017

S. 132(5) :Punishment for certain offences – Arrest – Bail – Cognizable -Non -bailable – Alleged wrongful availment of input tax credit – Offence non-cognizable and bailable – Custodial interrogation not required – Bail granted. [ S. 132 , BNSS, 2023 S.483, Art. 226 ]

Provident Housing Ltd. v. UOI ( Goa Bench ) (Bom )(HC)

Central Goods and Service tax Act , 2017 .
S. 73 : Demands and recovery – Determination of tax – Joint Development Agreement – Real estate developer – Time of supply of service – Time of supply under Joint development agreement is governed by Notification 04/2018, i.e., on conveyance/allotment, not agreement date,-Any deposit obtained without authority of law is refundable with interest, regardless of whether made under protest or otherwise. [ S. 13(2(b), 74 , Art . 226 ]

Shree Arihant Oil and General Mills v. UOI (Raj)(HC) www.itatonline .org

Central Goods and Services Tax Act, 2017 .

S. 54 : Refund of tax – Input tax credit – Inverted duty structure – Notification No. 09/2022 dated 13-07-2022 applicable prospectively – Refund cannot be denied for period up to 18-07-2022 – Circular restricting refund claims only if filed before 18-07-2022 held arbitrary and violative of Article 14 – Refund application filed within limitation period of two years cannot be rejected. [ S. 5(3), Art . 14 , 226 ]

Vilas Prabhakar Lad v. UIDAI & Ors. (Bom HC) [www.itatonline.org]

Goods and Service -Tax Act , 2017
S. 132: Punishment for certain offences -Fraud – Fraudulent misuse of Aadhaar and Permanent Account No ( PAN) – Identity theft – Strictures – Opened a bank account and obtained GST registration – Opened a bank account – Inaction by statutory authorities and law enforcement agencies – Directions for cancellation and redressal – Compensation denied – Liberty to file criminal complaint – Citizens of the Country who toils hard to make both ends meet cannot be made to run from pillar to post by leaving his livelihood to defend various proceedings arising of fraud by an individual impersonating the Petitioner’s identity – Cost of Rs 10000 each is imposed on respondents Nos 1, ( Unique Identification Authority of India ( UIDAI), 2 ( Chief Commissioner Gujarat Sate GST ) 5,( Chief Commissioner of Income Tax Mumbai , 6( Manager Union Bank of India ) and 7 ( Commissioner of State Tax Government of Gujarat . The Respondents Nos 1 and 6 are directed to pay Cost of Rs 25,000 each to the petitioner . [Aadhaar Act, 2016, S. 7, Income-tax Act. 1961 , 139A, 139AA, Goods and Service -Tax Act , 2017 ,132 Negotiable Instrument Act , 1881, S.138, Art. 226 ]

Darshan Singh Parmar v. UOI( Bom)( HC) www.itatonline.org

Maharashtra Goods and Service Tax , Act, 2017
S. 73; Demands and Recovery – Tax evasion- Reward for providing information related to tax evasions – Reward determined but not paid by the government –Reward scheme should be operated fairly and avoid frivolous objections – Government directed to pay the reward with interest in case of delay.- Circular GR No.STA-2004/CR-103 Taxation -2 dt -5-6 -2007 . [ S. 74 ]

Skytech Rolling Mill Pvt. Ltd. v Joint Commissioner of State Tax Nodal ( Bom)( HC) www.itatonline.org

Maharashtra Goods and Service Tax (MGST Act), 2017

S: 83: Provisional attachment to protect revenue in certain cases – Cash credit accounts – Not a property of the account holder – Cannot be attached provisionally u/s 83- Directed to withdraw the attachment within 24 hours . [S.83(1), Art. 226]

Supreme Construction & Developers Pvt. Ltd. v. State of Maharashtra & Anr. (Bom) (HC) www.itatonline.org

Central Goods and Services Tax Act, 2017

S. 73 : Determination of tax not paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful -misstatement or suppression of facts – Demands and recovery – Mere claim of demand being without jurisdiction does not warrant waiver of statutory pre-deposit requirement for filing appeal against GST order- Review – Maintainability – Procedural Lapse – Absence of Proper Advocate’s Certificate – No new grounds for review – Review petition is dismissed with costs of Rs 10000. [S.107, Maharashtra Goods and Services Tax Act, 2017, 226, Bombay High Court (O.S.) Rules, Art. 226]

20 Media Collective Pvt. Ltd.v Pr. ACIT [2025] 170 taxmann.com 331(Bom) (HC)

S.148: Reassessment-Notice-Barred by limitation-Notice and order is quashed. Assessment year 2015-16-Barred by limitation . [S.149(1)(b), Art. 226]

Saurashtra Gramin Bank. v. ACIT (2024) 208 ITD 55 /[2025] 121 ITR 417/ 233 TTJ 579 (Rajkot) (Trib.)

S. 37(1) : Business expenditure-Provisions for gratuity and leave encashment-Accounting Standard-15-Claimed only actual payment made to employees-Not to be reduced earlier year provisions from current profit and loss account.[S. 145]