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Deposit Cures the Default: Uttarakhand High Court Restores a GST Registration Cancelled for Non-Payment of Tax After the Assessee Clears All Outstanding Dues, Applying Its Own Coordinate Bench Precedent on Identical Facts (WPMS No.3005 of 2023)
Facts of the Case
The petitioner's GST registration was cancelled by order dated 01.03.2023 after the petitioner defaulted on GST payment in the month of June (of the relevant year). Registration cancellation under the ...
Old Wine, New Bottle Rejected: Delhi High Court Quashes a Second Provisional Attachment Issued on the Same Facts After the First One Lapsed by Efflux of Time, Applying the Supreme Court's Kesari Nandan Mobile Ruling in Gujral Sons' Case (W.P.(C) 4374/2026)
Facts of the Case
The petitioner, M/S Gujral Sons, challenged fresh provisional attachment orders in Form GST DRC-22 dated 03.02.2026, attaching its bank accounts, after an initial provisional attachment order dated 13....
Only Andhra Pradesh Turnover, Not All Four States: Andhra Pradesh High Court Sets Aside a Bus Operator's GST Assessment for Clubbing Multi-State Turnover as If Entirely Taxable Within the State in JBT Jai Bharath Travels' Case, Remanding for State-Wise Reconciliation (Writ Petition No.1588 of 2023)
Facts of the Case
The petitioner, M/s JBT (Jai Bharath Travels), engaged in plying passenger buses across Andhra Pradesh, Telangana, Tamil Nadu and Puducherry, challenged an Assessment-cum-Penalty-cum-Interest order (DI...
No Indirect Tax Beyond the Customs Frontier: Madras High Court Follows the Supreme Court's Flemingo Travel Retail Ruling to Bar GST on License Fees Paid to the Airport Authority of India for a Duty-Free Shop in Plus Max Duty Free's Case (W.P.(MD) Nos.9591-9593 of 2023)
Facts of the Case
The petitioner, Plus Max Duty Free (Madurai) Pvt. Ltd., a subsidiary of a Malaysian company operating Duty Free Shops at various airports, held premises within Madurai International Airport under a Lic...
Delegation of Power Upheld, Attachment Sustained: Andhra Pradesh High Court Dismisses a Challenge to a Provisional Bank Attachment Under Section 83, Finding the Chief Commissioner Had Validly Delegated His Power in a Multi-Firm ITC Fraud Investigation in Unique Enterprises' Case (Writ Petition No.38754 of 2022)
Facts of the Case
The petitioner, M/s Unique Enterprises, a proprietary concern dealing in iron, metal and scrap, challenged provisional attachment orders dated 03.11.2022 and 04.11.2022 issued under Section 83 of the A...
Custodial Interrogation Held Necessary: Bombay High Court Rejects Anticipatory Bail to the Alleged Mastermind of a Rs.27.79 Crore Fake Invoice and Input Tax Credit Racket Who Refused to Share Email Credentials With Investigators in Hira Gobind Bhatia's Case (Anticipatory Bail Application No.2206 of 2022)
Facts of the Case
The applicant, Hira Gobind Bhatia, Director of Photocom Industries (India) Pvt. Ltd., sought anticipatory bail apprehending arrest after being served summons under Section 70 of the CGST Act. The Anti-...
Perishable Goods Cannot Wait for Adjudication: Karnataka High Court Dismisses the Revenue's Appeal Against Interim Release of Confiscated Arecanut, Holding the Single Judge Rightly Balanced Perishability Against Revenue Interest in Ravi Trading Company's Case (Writ Appeal No.100471 of 2023)
Facts of the Case
The respondent, M/s Ravi Trading Company, had its goods — arecanut, a perishable commodity — detained and confiscated by order dated 09.01.2023 under Section 130 of the CGST Act, 2017 read with the...
Decide the Notice, Vires Kept Open: Kerala High Court Directs Timely Disposal of a Section 130 Confiscation Notice After Hearing the Assessee, While Expressly Reserving the Right to Challenge the Constitutional Validity of Section 130 in Blue Bell Jewellers' Case (WP(C) No.25063 of 2023)
Facts of the Case
The petitioner, Blue Bell Jewellers, challenged a Form GST MOV-10 notice dated 19.07.2023 issued by the second respondent, proposing confiscation of goods under Section 130 of the CGST Act. Various del...
Reviewing Its Own Order Is Impermissible: Orissa High Court Quashes a Purported "Rectification" Under Section 161 That Reversed an Earlier Favourable Appeal Order Without Affording Any Hearing in Om Sai Security's Case (W.P.(C) No.23182 of 2023)
Facts of the Case
The petitioner, Om Sai Security, Rourkela, had earlier succeeded in its first appeal (No.AD210422007821R dated 28.04.2022) before the Joint Commissioner of CT & GST (Appeal), Sundargarh Territorial...
Portal-Only Notice Held Insufficient: Madras High Court Sets Aside an Ex-Parte Section 73 Assessment on a 25% Pre-Deposit Condition After Personal Hearing Notices Were Only Uploaded to the GST Portal in Tvl Ideal Marketing's Case (W.P.(MD) No.13566 of 2026)
Facts of the Case
The petitioner, Tvl. Ideal Marketing, challenged an assessment order dated 31.10.2025 passed under Section 73 of the TNGST Act, 2017 for the year 2021-22, which was made ex-parte because the petitioner...