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GiST
-In 2022, we started GiST as a fortnightly feature. Inspired by that as well as the changing trend, we have upgraded GiST into a daily feature (Monday - Friday) for the benefit of the trade and clients.

Sl.No.

Name of the Party

Authority

Ruling

GiST Edition

1

Rohit Enterprises

Bombay High Court

Fundamental rights of citizens cannot be curtailed by the GST Act

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2

SE Forge Ltd

Gujarat High Court

SEZ units can claim refund of accumulated ITC

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3

Rochem India (P) Ltd

Bombay High Court

No hardship to taxpayers due to non-constitution of Tribunal

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4

Shree Ganesh Molasses Trading Company

Gujarat High Court

Voluntariness cannot be forced

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5

Choksi Exports

Gujarat High Court

Verification of Supplier's supplier not mandated for claiming ITC

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6

Delhi Duty Free Services Pvt. Ltd

CESTAT, Delhi

Contempt proceedings for failure to follow Judicial Discipline

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7

Godrej Sara Lee Ltd

Allahabad High Court 

Alternate remedy not a bar for Writ Petition

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8

Rajesh Kumar Dudani

Supreme Court

Deposit of GST is not a condition for anticipatory bail

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9

R.S. Constructions

CESTAT, Chennai

SCN without RUD is a serious violation of PNJ

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10

Balaji Exim

Delhi High Court

Refund of unutilised ITC cannot be rejected on suspicion

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11

Ecom Gill Coffee Trading Pvt Ltd

Supreme Court 

Mere production of tax invoices would not be sufficient to claim ITC

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12

Parity Infotech Solution Pvt. Ltd

Delhi High Court 

ITC restriction under Rule 86A of CGST Rules, 2017 cannot exceed one year

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13

Agarwal Construction Company

Allahabad High Court

Mere failure to submit a reply is not a valid ground for Cancellation of GST Registration

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14

ARVIND GOYAL CA

Delhi High Court 

Seizure of cash during search operations not permissible under GST law

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15

Suretex Prophylactics (India) Pvt. Ltd

Karnataka High Court

Recovery cannot be made without Jurisdiction or Authority of Law

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16

Brij Mohan Mangla

Delhi High Court

Department cannot withhold refund claim on anticipation of filing appeal

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17

Jupiter Express Carrier Pvt Ltd

Karnataka High Court

Connivance with transporter to be adjudicated before confiscation of vehicle

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18

PKV Agencies

Madras High Court 

Non-submission of certified copy of impugned order is only a technical defect

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19

Pinstar Automotive India Pvt Ltd

Madras High Court

When tax is not paid by supplier, the requirement to reverse ITC by buyer is only a protective move

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20

Ernst and Young Ltd

Delhi High Court

Delhi High Court delivers judgment on Intermediary services

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21

Shyam Sundar Sita Ram Traders

Allahabad High Court

Allegation of bogus firm not a ground for cancellation of GST registration

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22

Google LLC

NCLAT, New Delhi

A big day for Competition law in India

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23

Tonbo Imaging India Pvt Ltd

Karnataka High Court 

Karnataka HC strikes down Rule 89(4)(C) of CGST Rules

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24

Indian Synthetic Rubber Pvt Ltd

Delhi High Court 

Information on Anti-Dumping Proceedings cannot be obtained under RTI Act

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25

Edelweiss Financial Services Ltd

Supreme Court 

Corporate guarantee without consideration is not a taxable service

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26

Maa Mahamaya Alloys Pvt. Ltd

Allahabad High Court

HC quashes SCN and Order for various contraventions under GST law

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27

Videocon Industries Ltd

Supreme Court 

SC dismisses departmental appeal to classify LCD Panels as parts of TV

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28

Kalpesh Ghevarchand Jain

Bombay High Court 

Customs Authorities do not have the power to seal immovable properties

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29

Brandix Apparel India Private Limited

AAR, Andhra Pradesh

No levy of GST on recoveries from employees for canteen and transportation services

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30

Mohd Muslim Hussain

Supreme Court

Accused entitled for bail if trial is not concluded within time frame equally applicable to NDPS Act

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31

J.K. Jain Buildtech India Pvt Ltd

Calcutta High Court

Production of invoices of goods while in transit in electronic form not valid

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32

Puranik Builders Limited

AAAR, Maharashtra

Electricity, Water, etc., services are linked to Construction services, attracts 12% GST

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33

Pramod Singla

Supreme Court 

Preventive Detention laws in India are a colonial legacy

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34

Diwakar Enterprises Pvt. Ltd

Punjab and Haryana High Court

Pressurized deposit of tax infringes Art 265 and Art 300A

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35

Uber India Systems Private Limited

Delhi High Court

GST levy on auto/bus rides through ECO upheld

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36

Ericsson India Private Limited

Madras High Court 

Quoting of DIN in Dept. communication mandatory

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37

Reckitt Benckiser (India) Ltd

Supreme Court 

Dettol is classifiable as a drug / medicine

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38

Profisolutions Private limited

AAR, Tamilnadu

Cross Charge - Authority for Adverse Ruling ignites a potential bomb

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39

Bharat Sanchar Nigam Limited

Delhi High Court 

Limitation freezes once the refund application is filed with documentary evidence

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40

B B Agro Chem Industries

CESTAT, Ahmedabad

Mere arithmetic calculations not sufficient to prove clandestine

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41

Aditya Polymers

Delhi High Court

Power of proper officer to cancel a registration from any date cannot be exercised arbitrarily

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42

Chandan Exports

CESTAT, Ahmedabad

Redetermination of TV based on NIDB data and DGOV Circular is incorrect

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43

Modern Insecticides Ltd

Punjab and Haryana High Court

Amount deposited during search operation cannot be considered as a Voluntary Payment

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44

K.I. International (INDIA) Ltd

Madras High Court 

Facility to pay tax in installments does not apply to the admitted tax

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45

Nitesh Jain Mangal Chand

Madras High Court

Provisional bank attachment cannot be for indefinite period

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46

Saw Pipes Limited

Supreme Court 

When the penalty provision is statutory and mandatory, there is no question of mens rea

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47

Faqir Chand Vinod Kumar and Co

CESTAT, Mumbai

Re-assessment of import duty on the basis of Notification published subsequent to completion of self-assessment on the same day, is not permissible

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48

Apca Power Private Limited

CESTAT, Ahmedabad

Ownership of goods is not the only criterion to decide "importer"

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49

Shri Pradeep Kumar Siddha

Bombay High Court

Amount debited from the bank account of assessee without following the prescribed procedure to be re-credited

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50

Alex Tour and Travel Private Limited

Delhi High Court 

Refund cannot be withheld even if revenue intends to file an appeal against sanction order

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51

Ramesh Abhishek

Delhi High Court

Writ Petition not to be entertained for stopping investigation of Lokpal

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52

Yamal Manojbhai

Supreme Court

Supreme Court delivers split verdict on jurisdiction of Settlement Commission in relation to goods specified under Section 123

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53

Amorous Trading India Private Limited

Allahabad High Court

Stay on levy of GST on Mining Lease/Royalty granted by Allahabad High Court

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54

Aditya Tripathi

Supreme Court 

Accused not entitled to bail in Money Laundering case merely because chargesheet has been filed in a predicate offence

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55

Tata Motors Ltd

Supreme Court

Credit Note attracts Sales Tax

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56

Y. Balaji vs. Karthik Desari and Anr

Supreme Court

"BRIBE" - Offence Under PMLA

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57

Delhi International Airport Ltd

Supreme Court

User Development Fee not liable to Service Tax

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58

Mody Education Foundation

CESTAT, New Delhi

Service not liable for Service Tax since the same is bundled with Education Service

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59

Sidhivinayak Chemtech Private Limited

Delhi High Court

 

Commissioner alone can provisionally attach

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60

Badri Prasad Yadav

Patna High Court

Writ cannot rectify delay beyond COD

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61

Bansal Industries

AAAR, Punjab

RCM applicable on purchases through agent of agriculturist

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62

White Gold Bullion Pvt Ltd

AAR, Karnataka

Margin valuation inapplicable for the supply of used jewellery after melting

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63

PES Engineers Pvt Ltd

AAR, Telangana

Supply through separate contracts not naturally bundled and hence not composite

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64

Punjab State Power Corporation Ltd

AAAR, Punjab

Appellate Authority of Advance Ruling has the power of remand to AAR

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65

M.S. Cycle Shop

Patna High Court 

Assessment cannot be based solely on E-way bill

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66

Perfect Vending (India) Pvt Ltd

CESTAT, Chennai

Exemption from Service Tax cannot be claimed on the pretext of having paid State levy/VAT

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67

Uttarakhand Public Financial Strengthening Project

AAR, Uttarakhand

Whether reimbursements liable for GST as Additional Consideration?

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68

Vivek Mishra

Allahabad High Court

Specific instance of bail where petitioner not proprietor of firm involved

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69

Devyani International Limited

Rajasthan High Court

Subsequent Legislation can be used to interpret earlier obscure/ambiguous Legislations

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70

Amrinder Singh

Punjab and Haryana High Court

Bail not to be denied to satisfy collective sentiments or as a punitive measure

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71

B.C.Power Controls Limited

Rajasthan

High Court

Application for refund cannot be kept pending even when fake credit is being investigated

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72

The Kennel Club of India

Madras High Court

Ban on import of dogs for commercial breeding lifted

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73

RHC Global Exports Private Limited

Gujarat High Court

Cost imposed for attempt to delay investigation through filing of WP

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74

Union Bank of India (Erstwhile Corporation Bank)

NCLAT, New Delhi

NCLAT has got inherent powers to recall a decision

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75

Sanjeevani Psychiatric Clinic

AAR, Rajasthan

Treatment of SUD attracts GST

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76

Govind Prasad Todi

Delhi High Court

Post IBC only RP is responsible

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77

Mek Pheriperals India Private Limited

AAAR, Maharashtra

Target-based incentives attract GST @ 18%

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78

Coal India Ltd

Supreme Court 

Competition Law applicable to Companies formed through Nationalisation Act

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79

Gargo Traders

Calcutta High Court 

ITC not deniable due to retrospective cancellation of registration of supplier

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80

Steel Authority Of India Ltd 

CESTAT, Bangalore

Duty cannot be demanded on stock difference without proving clandestine removal

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81

Hasmukhlal Madhavlal Patel

Supreme Court 

Change in controlling interest does not amount to Oppression

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82

Devi Traders

Telangana High Court 

Assessment under Section 61 not pre-requisite to invoke Section 74

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83

Bitumix India LLP

Calcutta High Court 

Not all e-way bill violations can be imposed 200% penalty

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84

Rashtreeya Sikshana Samithi Trust

Karnataka High Court 

Voluntary donations received by Charitable Trust's Educational Institution is not Capitation Fee

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85

V Sundararaj

Madras High Court 

Once Central Law is held unconstitutional by a High Court, it becomes invalid across the country

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86

South Delhi Municipal Corporation

Delhi High Court 

Advocates' office run from residence not subject to property tax

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87

Shree Ram Agrotech

Jharkhand High Court 

Recovery is not tenable unless a proper Show Cause Notice is issued

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88

South West Terminal Ltd. v Achter Land

King's Bench for Saskatchewan, Canada   

Use of thumbs up in a text message amounts to acceptance of the contract - Canadian court rules

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89

HCC-CPL (JV)

Gauhati High Court

Reimbursement claims of GST on the differential amount on account of price variation

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90

Seya Industries Ltd

Bombay High Court

ITC available cannot be blocked without issuing Show Cause Notice

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91

Sri Muthuraman Traders

Madras High Court 

High court condones delay in filing GST Appeal beyond COD

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92

Reliance Industries Ltd

Supreme Court 

Accusation of non-disclosure can only be made if there is in the first instance a requirement to disclose

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93

S.Ve.Shekher

Madras High Court 

Sender of a forwarded message responsible for the content

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94

Pulikkippoyil Sharafudheen

Kerala High Court 

Quantity of gold collectively smuggled should be treated as individually smuggled for considering bail

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95

Kothari Sugars and Chemicals Limited

AAAR, Tamilnadu

Supply of food at a subsidized rate is not a perquisite

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96

Andhra Sugars Limited

CESTAT, Hyderabad

Judicial discipline mandates that an order which attained finality cannot be reopened

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97

Paschimanchal Vidyut Vitran Nigam Ltd

Supreme Court

Supreme Court holds that IBC overrides the Electricity Act and dues payable to secured creditors are at a higher footing

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98

Malabar Gold Private Limited

AAR, Kerala

Netting off receivables and payables satisfies payment condition and does not constitute supply under GST

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99

Uniseven Engineering & Infrastructure Pvt Ltd

Delhi High Court 

Dues from suppliers cannot be recovered invoking MSMED Act, 2006

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100

Choodamani Parmeshwaran

Supreme Court

Writ of mandamus cannot be issued to prevent officer from performing statutory duty

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101

Isha Foundation

AAR, Karnataka

Education provided by Isha Foundation is subject to GST

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102

Savita Oil Technologies Ltd

Bombay High Court

Appeal against Form DRC 05: In absence of provision for online filing, offline facility to be extended to assesse

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103

Ramesh Kumar Patodia

Calcutta High Court

No GST liability on loan by a Bank to its Credit-Card holders

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