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Karnataka High Court Holds Appeal Against GST Rectification Order Wrongly Dismissed as Time-Barred; Remits for Fresh Consideration on Merits Under Section 107 CGST Act — M/s. K R K Marketing vs Joint Commissioner of Commercial Taxes (Appeals) (WP No. 35748 of 2025)
Facts of the Case
The petitioner, a partnership firm engaged in trade and represented by its partner, was aggrieved by an adjudication order dated 28.08.2024. It filed a rectification application which was partially all...
Delhi High Court Declines Writ Jurisdiction in Fraudulent ITC Case Against VMG Foods, Permits Statutory Appeal With Pre-Deposit Protection From Limitation (W.P.(C) 12908/2025)
Facts of the Case
VMG Foods Pvt. Ltd. challenged an Order-in-Original dated 04.02.2025, the accompanying Form DRC-07 dated 22.02.2025, and the underlying show cause notice dated 24.05.2022. The case arose from a DGGI in...
Delhi High Court Relegates Fraudulent ITC Availment Dispute to Appellate Remedy, Permits Manual Appeal With Pre-Deposit Waiver Plea Beyond Limitation — Magicon Impex vs Commissioner of CGST (W.P.(C) 9893/2025)
Facts of the Case
The petitioner, Magicon Impex Pvt. Ltd., challenged an order dated 31st January 2025 passed by the Assistant Commissioner, CGST, Delhi West, raising a demand of Rs. 11,78,736/- concerning Input Tax Cre...
Karnataka High Court Quashes IGST Refund Show Cause Notice Founded on Omitted Rule 96(10) of CGST Rules, Directs Refund With Interest — Flowserve Microfinish Valves (WP No. 24491 of 2021)
Facts of the Case
M/s. Flowserve Microfinish Valves Private Limited, an exporter, sought a declaration that the Customs authority was the proper officer to sanction and disburse its IGST refund in terms of Rule 96(3) of...
Karnataka High Court Holds Services Jointly Rendered by LTI Mindtree and Its Overseas Branches to Foreign Customers Qualify as Export of Service Under Section 2(6) IGST Act, Quashes Section 74 Notices (WP No. 10149 of 2024 and Connected Matters)
Facts of the CaseLTI Mindtree Limited, a Bengaluru-headquartered IT/ITES company with STPI and SEZ units, delivers services to overseas customers jointly through its Indian offices and its foreign branches (in the USA, F...
Allahabad High Court Holds Amount Deposited Under Protest During GST Search Can Be Adjusted Towards Mandatory Section 107(6) Pre-Deposit, Relies on VVF (India) — R M Dairy Products LLP vs State of U.P. (Writ Tax No. 987 of 2023)
Facts of the Case
The petitioner, M/s R M Dairy Products LLP, a manufacturer and trader of dairy products (GSTIN 09115FR3755M1ZA), had its premises surveyed by DGGSTI officers on 17.02.2021, during which it deposited Rs...
Andhra Pradesh High Court Quashes GST Registration Cancellation for Contradiction Between Recorded Reply and Stated 'No Reply' Finding — Lotus Biotech (WP No. 24753 of 2025)
Facts of the Case
M/s. Lotus Biotech was issued a show cause notice in Form GST REG-17 dated 03.09.2022 proposing cancellation of its GST registration. The petitioner submitted a reply dated 14.09.2022. However, the sub...
Madras High Court Condones Delay for AKS Product and Traders to File GST Appeal Against Ex Parte Order, Directs 10% Pre-Deposit Under Section 107 (W.P(MD)No.29423 of 2025)
Facts of the CaseTvl.AKS Product and Traders suffered an ex parte assessment order dated 17.02.2025 passed by the State Tax Officer, Commercial Taxes Building, Ettayapuram Circle, for GSTIN 33AVXPK3956B1ZD, tax period 20...
Allahabad High Court Quashes Section 73 and Section 79 GST Orders Uploaded on 'Additional Notices and Orders' Tab, Follows Ola Fleet Technologies — Raja Constructions vs Union of India (Writ Tax No. 1450 of 2025)
Facts of the Case
The petitioner, M/S Raja Constructions, through its proprietor Shabahat Husain, along with a second petitioner, challenged an order dated 23.04.2024 passed by the Assistant Commissioner, State GST, Luc...
Allahabad High Court Quashes Section 73 GST Order Against M/S Ramshankar for Denial of Personal Hearing, Follows Mahaveer Trading Company Precedent (Writ Tax No. 688 of 2025)
Facts of the Case
M/S Ramshankar, through its proprietor, challenged an order dated 28.08.2024 passed under Section 73 of the GST Act, as well as the subsequent appellate order dated 30.04.2025 dismissing its appeal. Th...