GSTN Asks Taxpayers To Seek Rectification Where Adjudication Order Reflects NIL Demand Due To Portal Glitch

The Goods and Services Tax Network (GSTN) has advised taxpayers to approach adjudicating authorities for issuance of a rectification order in cases where they are unable to file appeals on the GST portal due to a “NIL” demand reflected in adjudication orders. In an advisory dated April 3, 2026, GSTN noted that taxpayers are facing difficulties in filing appeals in such cases despite underlying disputes on tax liability. The issue arises where taxpayers have made payments towards tax, interest,...

Bombay High Court Sets Aside ITC Block On Suspicion Of Ineligible Credit, Says It Ceases After One Year

The Bombay High Court has recently set aside the blocking of Input Tax Credit (ITC) of NZS Traders Pvt. Ltd., holding that such a restriction made on apprehension of fraud cannot continue beyond one year and ceases to operate by law. A Bench of Justice G. S. Kulkarni and Justice Aarti Sathe explained that Rule 86A empowers GST authorities to block a taxpayer from using the credit available in its electronic credit ledger if they have reasons to believe that the credit has been wrongly or...

Bombay High Court Sets Aside GST Order Passed Before Scheduled Date Of Hearing

The Bombay High Court has set aside a GST adjudication order passed even before the scheduled date of hearing, holding that it was vitiated by a breach of natural justice. A bench of Justices G S Kulkarni and Aarti Sathe held that the order was passed before the scheduled hearing date fixed in the show cause notice. “The impugned order, however, was passed on 30 March 2022 in regard to which, admittedly, no hearing was granted to the petitioner as also no opportunity to file reply to the said...

State GST Authorities Cannot Detain Or Confiscate Goods Merely In Transit: Andhra Pradesh High Court

The Andhra Pradesh High Court held on 1 April that State GST authorities cannot invoke detention or confiscation powers for goods merely passing through the State in the course of inter-State trade, including on grounds such as valuation discrepancies or mismatch in quantity. A Division Bench of Justices R. Raghunandan Rao and T.C.D. Sekhar held that such action exceeds jurisdiction in cases involving inter-State movement under the IGST framework. The Court stated: "Amounts rightfully due to...

Retaining Tax Paid Twice Violates Article 265, Section 54 CGST Limitation Not A Bar: Orissa High Court

The Orissa High Court at Cuttack held that tax authorities cannot retain amounts deposited twice under a mistaken belief, as such retention would violate Article 265 of the Constitution. A Division Bench comprising Chief Justice Harish Tandon and Justice Murahari Sri Raman set aside an order rejecting the refund claim filed by the petitioner, Rajendra Narayan Mohanty, and allowed him to seek a fresh refund. It held: “There is no escape than to say that the Revenue is unjustified to withhold or...

Failure To Reply To SCN Or Absence From Hearing Not Ground To Cancel GST Registration: Allahabad High Court

The Allahabad High Court on 17 March held that GST registration cannot be cancelled merely because a taxpayer fails to reply to a show cause notice or appear on the date fixed for hearing, and that authorities must record reasons before taking such a drastic step. A Bench of Justice Saumitra Dayal Singh and Justice Vivek Saran set aside the cancellation of GST registration of Jubair Enterprises and granted the petitioner liberty to file a reply to the show cause notice. The judges held: “A...

After Cancellation Of GST Registration, Show Cause Notice Should Be Served Physically: Allahabad High Court

The Allahabad High Court has recently held that adjudication notice ought to be served through physical mode after cancellation of GST registration, as the taxpayer cannot access the portal thereafter. A bench of Justice Saumitra Dayal Singh and Justice Vivek Saran held: “Once the registration is cancelled and the registered persons thus disabled from working on the Common Portal and in any case, are relieved of obligation to check the Common Portal thereafter, it is wholly natural and...

Telangana High Court Disposes Plea After State Assures Missing GST Documents Won't Be Relied Upon in Adjudication

The Telangana High Court has disposed of a writ petition filed by Bengal Cold Rollers Pvt. Ltd., recording the State's statement that seized documents whose originals are missing will not be relied upon in adjudication, while permitting proceedings to continue on the basis of available material. A Bench of Chief Justice Apresh Kumar Singh and Justice G.M. Mohiuddin observed that once the State clarified that such missing documents would not be relied upon, the grievance of the petitioner stood...

Bombay High Court Stays Retrospective GST Demand On Insurance To SEZ Units Allegedly For Employee Benefits

The Bombay High Court has stayed GST demands on insurers over policies issued to SEZ units, which the department claimed were for employees, prima facie finding the retrospective levy may be without jurisdiction prior to October 1, 2023.A Bench of Justice G. S. Kulkarni and Justice Farhan P. Dubash held, "Prima-facie, we find much substance in the contention urged on behalf of the petitioners that the designated officer would not have jurisdiction to retrospectively levy tax on the petitioners...

Gauhati High Court Asks Authorities To Consider GST Registration Restoration If Taxpayer Clears Dues And Files Returns

The Gauhati High Court has directed authorities to consider restoration of GST registration where a taxpayer is willing to furnish pending returns and clear dues, observing that cancellation entails “serious civil consequences.” Justice Anjan Moni Kalita held that if the taxpayer complies with Rule 22(4) of the CGST Rules, the proper officer shall consider the case and pass appropriate orders. The case arose from a writ petition filed by Apurba Enterprise challenging cancellation of its GST...

Cross-State ITC Transfer Cannot Be Denied on Amalgamation: Gujarat High Court

The Gujarat High Court has held that Input Tax Credit (ITC) cannot be denied on the ground that the transferor and transferee companies are located in different States in a case of amalgamation. A Bench of Justice A.S. Supehia and Justice Pranav Trivedi held, "The transfer of the ITC on amalgamation of the company is permissible as per the provision of Section 18(3) of the CGST Act read with Rule 41 of the CGST Rules. Neither of the provision prohibits or debars transfer of the ITC on the...

Karnataka High Court Holds Bona Fide Purchaser Entitled To ITC, Reads Down Rules In Favor Of Instakart

The Karnataka High Court on 9 February 2026 held that a bona fide purchaser cannot be denied input tax credit (ITC) merely because the selling dealer failed to deposit tax with the government. A Single-Judge Bench of Justice S.R. Krishna Kumar read down Section 16(2)(C) of the CGST / KGST Act and Rule 36(4) of the CGST / KGST Rules to set aside the order denying ITC to Instakart Services Private Limited. He held: “The impugned provisions contained in Section 16(2)(C) of the CGST / KGST Act...