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Non-Service of Show Cause Notice Vitiates Assessment: Karnataka High Court Quashes Ex Parte Section 74 KGST Demand Order Passed Against M/S. Sampath Refineries Without Proof of Notice Service, Remits Matter to Show Cause Stage for Fresh Adjudication (WP No. 22076 of 2025)
Facts of the CaseM/S. Sampath Refineries approached the Karnataka High Court challenging an ex parte assessment order dated 31.01.2025 (File No. DGSTO-2/CTO(A)-2.4/GST.(ADJ)17-18/D&R-57/2023-24) passed under Section ...
Madras High Court Quashes Duplicate GST Assessment Order Passed Twice for Same Defect and Assessment Year: Madras High Court Allows Writ Petition in Velmurugan Marketing vs Deputy Commercial Tax Officer (W.P(MD)No.32399 of 2025)
Facts of the CaseTvl. Velmurugan Marketing, represented by its proprietor K. Satheesh, challenged an assessment order in FORM GST DRC-07 dated 06.03.2024 issued by the Deputy Commercial Tax Officer-2, Uthamapalayam, on t...
Madras High Court Quashes Six Years of Section 74 GST Demand Orders Spanning FY 2018-19 to 2023, Holding That Fraud, Wilful Misstatement or Suppression Is a Jurisdictional Fact That Cannot Be Presumed, in Neeyamo Enterprise Solutions vs Commercial Tax Officer, Madurai (W.P.(MD)Nos. 30453 to 30458 of 2024)
Facts of the CaseM/s Neeyamo Enterprise Solutions Private Limited faced six show cause notices dated 10.05.2024, issued after a surprise inspection under Section 67 of the TNGST Act at its Madurai premises in September 2...
GST Rule 88C Notice Held Inaccessible on the Web Portal, Impugned Order Quashed and Matter Remanded: Madras High Court (Madurai Bench) in R.Rajkumar vs Commercial Tax Officer, West Veli Street Assessment Circle (WP(MD) No.22992 of 2025)
Facts of the CaseR.Rajkumar challenged an order dated 26.03.2025 passed by the Commercial Tax Officer, West Veli Street Assessment Circle, Madurai, under Rule 142B read with Rule 88C of the Tamil Nadu Goods and Services ...
Alternative Remedy Bar Upheld: Delhi High Court Dismisses Bhagwati Electronics and Connected Writ Petitions Challenging Section 74 CGST Orders Arising from Arora Communication Search, Relegates Petitioners to Statutory Appeal Under Section 107 in M/S Bhagwati Electronics v. Union of India (W.P.(C) 2179/2026)
Facts of the CaseM/S Bhagwati Electronics and several connected petitioners (Vaishno Electronics Pvt Ltd, Robin Bareja, Nikhil Verma, Kapil Arora & Ors, Neha Lalwani, M/S Cariano Pvt Ltd and M/S S.S.D.N Trading Co) a...
Rajasthan High Court Relegates Batch of GST Assessees to Statutory Appeal While Section 168A Notification Validity Awaits Supreme Court Ruling: Rajasthan High Court Disposes Writ Petitions Led by Eagle Trans Shipping (Writ Petition No. 16649/2024)
Facts of the CaseA batch of eight connected writ petitions, led by Eagle Trans Shipping and Logistics India Pvt Ltd along with Khetan Exports, Dharampal Premchand Ltd, Sojitz Corporation, New India Contractors and Develo...
Allahabad High Court Quashes a Section 73 GST Order Even Though the Assessee Had Opted Out of a Personal Hearing, Since the Underlying Show Cause Notice Itself Fixed a Defective Hearing Date, in M/s The Times Idea vs State of U.P. (WRIT TAX No. 948 of 2025)
Facts of the CaseM/s The Times Idea challenged an order dated 22.12.2023 passed under Section 73 of the GST Act and the subsequent appellate order dated 30.11.2024 dismissing its appeal, before the Allahabad High Court, ...
Unsigned Assessment Order Means No Valid Service at All: Andhra Pradesh High Court Sets Aside GST Order in Rcc Engineering Private Limited vs Deputy Assistant Commissioner (Writ Petition No. 20513 of 2025)
Facts of the CaseThe petitioner, Rcc Engineering Private Limited, was served with an assessment order dated 15.04.2024 in Form GST DRC-07 for assessment year 2018-19, passed by the Deputy Assistant Commissioner of State ...
Section 74 Demand Quashed on Proof of Voluntary Tax Deposit in Next Quarter: Himachal Pradesh High Court Directs Reconsideration Under Section 73 in M/s Anjani Plastics and Moulders vs State of Himachal Pradesh (CWP No.16233 of 2025)
Facts of the CaseM/s Anjani Plastics and Moulders failed to deposit Integrated, Central and State tax totalling Rs.4,76,379/- for March 2020 due to a ministerial mistake, but deposited the shortfall in the very next quar...
No Hearing Date Fixed in Reminder Notice Violates Section 75(4): Allahabad High Court Quashes GST Order, Rectification Rejection and Time-Barred Appeal in Mechanical Spares and Services (Writ Tax No. 826 of 2025)
Facts of the CaseM/S Mechanical Spares And Services, through its proprietor Sandhya Kumari, challenged an order dated 23.08.2024 passed under Section 73 of the GST Act, 2017, along with the order dated 05.03.2025 rejecti...