High Court of Kerala21 August 2026

TGS Trading Co. v. Superintendent

For assessee

WP(C) NO. 29409 OF 2026

The ruling in brief

Where a composite show cause notice and adjudication order covering multiple financial years was issued to petitioner for tax or ITC demands not involving fraud, such composite notice is unsustainable in law, thus both the notice and subsequent orders founded on it were quashed, with liberty to issue separate notices for each relevant period being preserved

Provisions considered

CGST S.73

Section 73 of Central Goods and Services Tax Act, 2017/Kerala Goods and Services Tax Act, 2017

This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.

The ruling in brief

Related rulings

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Jaiwanti v. Union of India

Where SCN and penalty proceedings were initiated against legal representative of deceased alleged to have fraudulently availed ITC and IGST refunds, in view of fact that section 93 permitted post-death determination of tax, interest and penalty liability accruing to extent of deceased's estate, investigation and recovery actions were jurisdictionally valid against legal heirs. GST: Where department, after assessee's death, proceeded against legal representative for tax penalty based on alleged fraudulent refunds by deceased, while provisions of section 93(1)(b) was challenged under Article 14 as arbitrary and denying defence, since liability was limited to estate of deceased, representative was not deemed to be a wrongdoer, particularly when effective hearing and appeal safeguards existed; thus, constitutional challenge to Section 93(1)(b) was untenable and was rejected. GST: Amount seized during search could not be retained indefinitely merely on alleged voluntary deposit; Department was required to establish lawful basis for retention/appropriation, furnish complete account of principal and FD interest, and release any amount lacking statutory basis with interest actually earned after reasoned adjudication

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Arup Datta v. State of West Bengal

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Related rulings

Delhi High Court25 Sept 2026

For revenue

TGS Trading Co. v. Superintendent

The ruling in brief

Provisions considered

TGS Trading Co. v. Superintendent

The ruling in brief

Provisions considered

Read the full analysis

Jaiwanti v. Union of India

Hindalco Industries Ltd. v. Commissioner State Tax Chhatisgarh

Arup Datta v. State of West Bengal

Read the full analysis