Rattan Advocates

Judgments under Section 73 & 74 of CGST Act

Sr. No.Judgment NameJudgment Head NoteJudgment Link / Download
1Hon’ble Kerala High Court in the case of M/s Haries Muhammed V. Assistant Commissioner(IB) vide WP(C) NO. 33659 Of 2024Kerala High Court directs separate GST proceedings for each financial year despite consolidated SCN

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2Hon’ble Telangana High Court in the case of M/S. Nice Enterprises V. The Deputy Commissioner St Stui vide WP No. 20080 of 2024Telangana High Court ruled that the SCN, lacking essential factual information, was invalid as it violated principles of natural justice

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3Hon’ble Madras High Court in the case of M/s Alliance Granimarmo Pvt. Ltd. V. Assistant Commissioner vide W.P. No. 9064 of 2024Madras High Court directs reconsideration where GST order is issued prior to hearing date

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4Hon’ble Madras High Court in the case of AKM Balu V. The Assistant Commissioner (ST) vide W.P.No.20384 of 2024Madras High Court quashes order and directs that the authority must review the correctness of GST returns before taking action under Section 73

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5Hon’ble Karnataka High Court in the case of Veremax Technologie Services Limited V. The Assistant Commissioner of Central Tax Bengaluru vide WP No. 15810 Of 2024The tax department's practice of issuing consolidated show cause notices for multiple tax periods violated the CGST Act.

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6Hon’ble Patna High Court in the case of Motiprabha Infratech-Pvt. Ltd. V. Union of India vide CWJC No.16751 of 2022Patna High-Court set aside ex-parte order passed without mandatory 30 day notice under Section 74(A) of CGST

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7Hon’ble Calcutta High Court in the case of Piku Saha V. State of West Bengal & Ors. vide IA No. CAN/1/2023Calcutta High Court ruled that the GST Order passed without affording personal hearing cannot be sustained

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8Hon’ble Allahabad High Court in the case of Diamond Steel V. State of Up And 3 Others vide Writ Tax No. 4 of 2022GST Authorities cannot resort to best judgment assessment under Section 74 adjudication

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9Hon’ble Madras High Court in the case of Titan Company Ltd. V. The Joint Commissioner of GST & Central vide W.P.No.33164 of 2023Madras High Court rejects bunching of Show Cause Notices to extend limitation period

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10Hon’ble Madras High Court in the case of M/s. Vela Agencies V. Assistant Commissioner, State Tax WP No. 11030 of 2024A fresh SCN should be issued to revise demand raised in SCN

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11Hon’ble Allahabad High Court in the case of M/s Excellentvision Technical Academy (P.) Ltd. V. State of U.P. WRIT TAX No. - 554 of 2023Inspection is quashed where subsequent INS-01 is issued

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