GST Appeal Filed Beyond Statutory Limitation Period Cannot Be Condoned: Gujarat High Court

The Gujarat High Court has dismissed a writ petition challenging the rejection of a Goods and Services Tax (GST) appeal against a demand order on the ground of limitation, clarifying that a High Court cannot condone delay in filing an appeal beyond the maximum period prescribed by the statute. The Division Bench of Justice A.S. Supehia and Justice Pranav Trivedi dismissed an appeal by M/S. Agarwal Enterprises and cautioned that taxpayers are required to remain vigilant and regularly verify...

Orissa High Court Grants Bail To Accused In ₹ 85 Crore GST Fraud Case

The Orissa High Court recently granted bail to an accused in a Goods and Services Tax (GST) fraud case, where he was alleged to have fraudulently availed Rs. 85 crores of Input Tax Credit (ITC). The Single Bench of Justice G. Satapathy was hearing the accused, who was being prosecuted by the Sub-Divisional Judicial Magistrate, Bhubaneswar, under provisions of the Central Goods and Services Tax Act, 2017. The accused was implicated under Sections 132(1)(b) (fraudulently availing input tax...

Seeking To Quash GST Summons During Inquiry Is Essentially Seeking Anticipatory Bail: Delhi High Court

The Delhi High Court has refused to interfere with GST summons issued to two Panipat-based traders, holding that summons under Section 70 of the CGST Act are meant only to aid an inquiry and do not amount to the start of coercive proceedings. Dismissing the challenge, Justice Neena Bansal Krishna said that an attempt to quash summons at the inquiry stage is, in substance, an attempt to seek protection from arrest. "Seeking setting aside of Summons, is essentially seeking interim protection or...

Prior GST Payments To Authorities Can Be Adjusted Against Pre-Deposit For Filing Appeal: Allahabad High Court

The Allahabad High Court has recently held that any money deposited by a taxpayer with the GST authorities, in the facts of the case, prior to filing an appeal under Section 107 of the Goods and Services Tax Act, 2017, must be adjusted towards the mandatory pre-deposit required for filing the appeal.In the present case, an interest liability of Rs 1.43 Crore was raised against Excel Vehicles, a unit of My Auto World Kanpur Private Limited, against which the taxpayer preferred an appeal under...

Fraud Allegations Against CA Not Exceptional Ground To Invoke Writ Jurisdiction Against GST Demands: Punjab & Haryana High Court

The Punjab and Haryana High Court has declined to entertain a writ petition challenging GST demand orders raised against a manpower services firm, holding that its allegation that a Chartered Accountant misappropriated tax payments raised disputed questions of fact and did not constitute an extraordinary circumstance to bypass the statutory appellate remedy available under the GST law. A Division Bench of Justice Lisa Gill and Justice Ramesh Chander Dimri noted that the petitioner had itself...

'Would Not Benefit Revenue': Bombay High Court Directs Restoration Of Trader's GST Registration After Dues Paid

The Bombay High Court has held that where a taxpayer has cleared the entire GST liability, including tax, interest and penalty, continuing cancellation of GST registration serves no purpose and causes undue prejudice to the taxpayer. A Division Bench of Justices G.S. Kulkarni and Aarti Sathe was hearing a writ petition filed by Kishore Nichani, who challenged the State Tax Officer's refusal to restore his GST registration, cancelled for non-filing of returns for more than six months. The...

Karnataka High Court Quashes GST Demand On Solar Plant For Lack of Personal Hearing, Remands Matter

The Karnataka High Court has held that the denial of Input Tax Credit (ITC) on capital goods and input services used for setting up a captive solar power plant is unsustainable where the adjudicating authority acted without jurisdiction and in violation of the mandatory requirement of granting a personal hearing under Section 75(4) of the CGST Act. A Single Judge Bench of Justice Lalitha Kanneganti, passed the order on 21 January 2026, setting aside the GST demand raised against Shri Keshav...

GST Not Payable On Transfer Of Leasehold Rights: Gujarat High Court Directs Refund

The Gujarat High Court, recently relying on its earlier ruling, reiterated that transferring or assigning leasehold rights in land is equivalent to the sale of land and therefore does not constitute a taxable 'supply' under the GST frameworkA Bench of Justice A. S. Supehia and Justice Pranav Trivedi was hearing a petition filed by Aquaeva Chemtech Private Limited, which had challenged the withholding of its GST refund relating to the transfer of leasehold rights in an industrial plot. The court...

Two-Year GST Refund Limitation Starts From Date Of Correct Payment: Kerala High Court

Earlier this month, the Kerala High Court held that the two-year limitation period under the GST law to claim refunds begins from the date on which tax is paid under the correct head, and not from the date of an earlier mistaken payment. The ruling was delivered by Justice Ziyad Rahman A.A. while allowing a writ petition filed by Pushpagiri Medical Society, a registered non-profit organisation running a hospital and medical education institutions in Kerala. The Bench observed: “The right to...

Gujarat High Court Sets Aside Rejection Of GST Appeal Over 13-Day Delay

The Gujarat High Court recently set aside an appellate order rejecting a GST appeal solely on the ground of a 13-day delay, holding that the appellate authority had failed to exercise its discretion under the law despite having the power to condone the delay. A bench of Justice A.S. Supehia and Justice Pranav Trivedi held that the delay fell within the additional 30-day condonable period available beyond the 90-day statutory limitation under Section 107(4) of the Central Goods and Services Tax...

“Very Easy To Blame A Professional”: Delhi High Court Rejects Plea To Restore GST Registration Blaming CA

The Delhi High Court has refused to restore a trader's cancelled GST registration, observing that it is “very easy to blame a professional” after the firm attributed its failure to respond to tax notices to its Chartered Accountant. A Division Bench of Justice Nitin Wasudeo Sambre and Justice Ajay Digpaul dismissed a batch of writ petitions filed by Fone Zone NXT, a proprietorship firm dealing in mobile phones and allied accessories. The firm had challenged the cancellation of its GST...

Uploading Show Cause Notice on 'Additional Notices' Tab Ineffective, Delhi High Court Reiterates

The Delhi High Court, on 21 January 2026, remanded a matter back to the Proper Officer, noting that uploading a show cause notice under the 'Additional Notices' tab was not a valid service. A Division Bench comprising Justice Nitin Wasudeo Sambre and Justice Ajay Digpaul set aside the demand order, allowing the petitioner to file a reply to the show cause notice and avail a personal hearing. The Bench noted: “we are of the view that the petitioner has made out a case for remand for the...