Supreme Court
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Every ruling, in plain sight.
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
Case-law directory
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
SLP dismissed against review petition of High Court holding that where assessee withdrew refund application after issuance of deficiency memo and later sought interest for that disputed period in review petition on ground of error apparent, as no error or mistake was found in earlier judgment denying interest for that period, review petition was not maintainable and not considered on merits
Supreme Court
SLP was filed against order of High Court holding that where assessee assailed demand order and corrigendum to SCN including additional period in writ alleging illegality, since such issues involved factual examination of corrections under sections 160 and 161 and were already considered by adjudicating authority, in view of available alternate remedy of appeal, writ was not maintainable and petition was to be dismissed with liberty to avail appellate remedy; SC declined to interfere with HC order dismissing writ for alternative remedy and extended limitation, SLP was to be disposed of
Supreme Court
Where assessee, having filed a writ petition, sought permission during hearing to withdraw with liberty to pursue statutory appellate remedy before appropriate forum, such withdrawal was permitted, and writ petition was disposed of as withdrawn; SLP challenging impugned order was dismissed, as instant Court found no ground to entertain it, while granting liberty to raise all grounds before GSTAT
Supreme Court
Where penalty proceedings for issuance of invoices without actual supply and wrongful ITC were initiated after an investigation found recipient non-existent, and statutory appeal under section 107 was available to challenge both jurisdiction and procedural grounds, writ petition under Article 226 was not entertained, and assessee was directed to pursue the appellate remedy, leaving all questions open for consideration by Appellate Authority; instant Court found no error in impugned order passed by High Court, SLP was to be disposed of
Supreme Court
Where assessee engaged in scrap trading faced proceedings for alleged fraudulent ITC and challenged adequacy of SCN and opportunity on grounds of incomplete notice and misdescription, no breach of natural justice was established as adequate opportunity was given, SCN errors were typographical, and relevant relied upon documents for two periods were available, thus writ petition was rejected; instant court was of view that no interference was required as HC had rightly observed that assessee had an alternative remedy under section 107, SLP was to be disposed of
Supreme Court
SLP dismissed against impugned order of High Court that where goods of assessee were detained during transit and an order was passed under section 129, since goods of assessee were not accompanied with e-way bill and also goods declared by assessee were different from ones detained, no case was made out for interference and writ petition was to be dismissed
Supreme Court
Where respondent sought pre-arrest bail but bail application was dismissed, however an interim protection for a week was granted to respondent from date of intimation under section 69, same was not sustainable as High Court or session court can not grant protection which is in nature of interim relief while dismissing a petition seeking pre-arrest bail
Supreme Court
Omission of Rule 96(10) with effect from 8 October 2024 was held applicable to pending proceedings relating to refund of IGST paid on exported goods and services since no saving clause was introduced and GST Council recommendation for prospective operation was advisory and did not bind rule making authority
Supreme Court
Where purchasing dealers challenged constitutional validity of section 16(2)(c) on ground that ITC could not be denied for supplier's failure to deposit tax, since ITC is a statutory concession and section 41 permits re-availment of reversed ITC upon subsequent payment of tax by supplier, section 16(2)(c) was constitutionally valid and could not be read down
Supreme Court
Where writ petition challenging SCN was rendered unnecessary in view of Supreme Court's decision in Gameskraft Technologies, assessee was relegated to appear before Assessing Officer and avail statutory appeal against any adverse assessment order GST : Where final assessment order was passed despite interim protection against coercive action, since statutory remedy of appeal had become available, assessee was relegated to appellate authority with liberty to raise all contentions including revaluation and pre-deposit
Supreme Court
Where constitutional validity of section 69 empowering GST authorities to arrest offenders was challenged, challenge was liable to be rejected in view of binding Supreme Court precedent upholding validity of said provision and writ petition was to be disposed of accordingly
Supreme Court
SLP dismissed against order of High Court that where assessee challenged demand order under section 74 alleging non-service of ASMT- 10 and show cause notice but failed to explain delay in approaching court after knowledge of proceedings and did not avail statutory appeal, writ petition was liable to be dismissed on ground of delay and laches
Supreme Court
SLP dismissed against impugned order of High Court that where assessees filed writ petitions despite statutory remedy of appeal being available before Appellate Authority under section 107, such writ petitions were not maintainable and stood disposed with liberty granted to assessees to pursue appeals and raise all legal or factual grounds before Appellate Authority for adjudication on merits