Writ Jurisdiction

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

Raised Jurisdiction Only After Losing on Merits? Allahabad HC Says Doctrine of Election Bars the Belated Challenge

The Allahabad High Court (Lucknow Bench) holds that a taxpayer who contested a GST show cause notice on merits, and raised a jurisdiction objection only after losing, is barred by the doctrine of election from a writ challenge — and must pursue the statutory appellate remedy instead.

Raised Jurisdiction Only After Losing on Merits? Allahabad HC Says Doctrine of Election Bars the Belated Challenge Read Post »

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