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Delhi High Court Quashes Section 74 Show Cause Notice for FY 2019-20 as Time-Barred Under Notification 56/2023, While Relegating Challenge to Section 73 Order to Appellate Remedy — Sakshi Elecricals Polymers Engg Corpn vs Government of NCT Delhi (WP(C) 15391/2025)
Facts of the Case: Sakshi Elecricals Polymers Engg Corpn challenged an order dated 26th August, 2024 passed by the Sales Tax Officer for FY 2019-20, arising from a Show Cause Notice dated 22nd May, 2024 issued under Sect...
Ex Parte GST Recovery Order Against Chartered Accountant Set Aside for Non-Service of Notices: Karnataka High Court Remits Matter and Quashes Bank Attachment in Chandan Kanyalal Dhanani vs Assistant Commissioner of Central Taxes (Writ Petition No. 25118 of 2025)
Facts of the Case
Chandan Kanyalal Dhanani, a practising Chartered Accountant, was sent enquiry letters and summons between 30.09.2020 and 31.03.2021 seeking documents — work orders, Form 26AS, invoices, income tax re...
Summary of Show Cause Notice in GST DRC-01 Cannot Substitute a Proper Notice Under Section 73(1): Gauhati High Court Quashes Assessment Order and Permits De Novo Proceedings in Sohidul Islam vs State of Assam (WP(C)/1277/2025)
Facts of the Case
Sohidul Islam, trading in hardware goods as M/s S.I. Hardware, Goalpara, Assam, and registered under GST (Registration No. 18ABJPI2568K1Z9), challenged an order dated 25.02.2025 passed by the Assistant...
Allahabad High Court Quashes Section 73 GST Order Since Notice Was Uploaded on Portal After Cancellation of Registration — M/S Pushp Transport Company vs Union of India (Writ Tax No. 4533 of 2025)
Facts of the Case: M/S Pushp Transport Company had its GST registration under the Uttar Pradesh Goods and Services Tax Act, 2017 cancelled on 02.12.2020, following which no further business was carried out. Subsequently,...
Delay in Deciding Reply to GST Registration Cancellation Notice Addressed: Meghalaya High Court Directs Decision Within Three Weeks in Petro Chemical Mercantile Private Limited vs State of Meghalaya (WP(C) No. 369 of 2026)
Facts of the Case
Petro Chemical Mercantile Private Limited, registered at Byrnihat, Ri-Bhoi, Meghalaya, was issued a show-cause notice dated 22-05-2026 by the Superintendent of Taxes, Ri-Bhoi Circle, proposing to cance...
GST Refund of Over Rs.11 Crore Cannot Be Rejected by Bare Deficiency Memo Citing Limitation: Andhra Pradesh High Court Applies Article 265 in Nspira Management Services vs Assistant Commissioner of Central Tax, Nellore (WP Nos. 18287 & 14905 of 2024)
Facts of the CaseM/s. Nspira Management Services Pvt. Ltd. (GSTIN 37AAECN3984D1ZB), engaged in managing educational institutions and providing hostel accommodation, took residential dwellings on rent from landlords who c...
Recovery of Rs.170 Crore Before Expiry of Appeal Period Held Contrary to Deemed Stay Under Section 107: Andhra Pradesh High Court Directs Release of Funds Beyond Statutory Pre-Deposit in Wingtech Mobile Communications vs Deputy Commissioner ST (Writ Petition No. 22461 of 2025)
Facts of the Case
Wingtech Mobile Communications (India) Pvt Ltd was assessed on 02.08.2025 for a demand of Rs.244,63,28,470 under Section 73(9) of the APGST Act, 2017. Its bank account had earlier been provisionally at...
GST Registration Cancellation Set Aside Following Suguna Cutpiece Formula: Madras High Court Directs Restoration Subject to Return Filing and ITC Scrutiny Conditions in Mamundy vs Commercial Tax Officer, Ponmalai (W.P.(MD) No.30023 of 2025)
Facts of the Case
The petitioner Mamundy's GST registration was cancelled by the Commercial Tax Officer, Ponmalai, Trichy, vide an order bearing Reference No. ZA330924301742Q dated 26.09.2024. Aggrieved, the petitioner ...
Karnataka High Court Declines to Examine Section 129(3) Penalty on Merits, Relegates Assessee to Statutory Appeal and Excludes Four Years of Writ Pendency From Limitation in Mysore Steels vs Commercial Tax Officer, Enforcement-8 (WP No. 3936 of 2022)
Facts of the CaseM/s Mysore Steels, a proprietorship represented by Mr. A.M. Shabandri, challenged a penalty order dated 23.03.2020 passed under Section 129(3) of the CGST Act and the corresponding State/UTGST provisions...
Karnataka High Court Directs Government Agencies to Reimburse Differential GST-VAT Amount to Works Contractors, Following Chandrashekaraiah Precedent — S Vinith Kumar vs State of Karnataka (WP No. 33994 of 2024)
Facts of the Case: The petitioners, S. Vinith Kumar and Mohan S., were civil contractors who had executed works contracts for various Executive Engineer divisions of the Cauvery Neeravari Nigama Limited (CNNL) and the Pu...