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Case Law, GST Updates

250 Companies Asked the Same Question — Madras HC Rules Prima Facie Satisfaction Is Enough to Invoke GST Section 74

Nearly 250 companies walked into the Madras High Court asking essentially the same question: before the GST department can even

250 Companies Asked the Same Question — Madras HC Rules Prima Facie Satisfaction Is Enough to Invoke GST Section 74 Read Post »

Case Law, GST Updates

No Signature, No Notice: Rajasthan HC Quashes GST Demand Because the Show Cause Notice Was Never Authenticated

The Rajasthan High Court holds that a GST show cause notice and order bearing neither a digital nor physical signature cannot be sustained — a system-generated reference number is not authentication under Rule 26(3) of the CGST Rules.

No Signature, No Notice: Rajasthan HC Quashes GST Demand Because the Show Cause Notice Was Never Authenticated Read Post »

Case Law, GST Updates

Two High Courts Now Agree: Uploading a GST Notice on the Portal Alone Doesn’t Count as Service

The Punjab & Haryana High Court holds the GST common portal was never notified for service of notices or orders under Section 146 — and the Rajasthan High Court, applying that reasoning, condones a 645-day appeal delay.

Two High Courts Now Agree: Uploading a GST Notice on the Portal Alone Doesn’t Count as Service Read Post »

Case Law, GST Updates

Mechanical Invocation of “Fraud” Cannot Extend GST Limitation: Supreme Court Quashes Section 74 Notice, Sets Out What a Valid SCN Must Contain

The Supreme Court holds that a GST Section 74 show cause notice cannot invoke the extended limitation period merely by using the words “fraud,” “wilful misstatement” or “suppression of facts” — the notice itself must specify the allegations. G.R. Infra Projects’ SCN quashed.

Mechanical Invocation of “Fraud” Cannot Extend GST Limitation: Supreme Court Quashes Section 74 Notice, Sets Out What a Valid SCN Must Contain Read Post »

Case Law, GST Updates

Karnataka High Court: Consolidated GST Show Cause Notices Spanning Multiple Financial Years Are Permissible

Karnataka HC holds Sections 73/74 CGST Act notices are not financial-year specific, upholding consolidated multi-year SCNs and deepening a live split with Bombay, Kerala, Madras, AP and Himachal Pradesh High Courts.

Karnataka High Court: Consolidated GST Show Cause Notices Spanning Multiple Financial Years Are Permissible Read Post »

Case Law, GST Updates

Delhi High Court: Appellate “Lis” Under Section 107(6) Commences on the Show Cause Notice Date, Not the Adjudication Order

Delhi HC holds the Finance Act 2025’s 10% GST penalty pre-deposit under Section 107(6) doesn’t apply where the Show Cause Notice pre-dates the 1 Oct 2025 amendment — appellate rights are fixed on the SCN date, not the order date.

Delhi High Court: Appellate “Lis” Under Section 107(6) Commences on the Show Cause Notice Date, Not the Adjudication Order Read Post »

Case Law

Supreme Court Stays Fresh GST Show Cause Notice, Flags Jurisdictional Error in Parallel Proceedings

The Supreme Court has stayed a fresh Section 74 CGST show cause notice after finding it duplicated a demand already pending in statutory appeal — a reminder that parallel proceedings on the same tax demand raise a substantial jurisdictional question.

Supreme Court Stays Fresh GST Show Cause Notice, Flags Jurisdictional Error in Parallel Proceedings Read Post »

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