INSTRUCTIONS
Instruction No. | Subject |
Instruction No. 03/2022-GST dt.14.06.2022 | Procedure relating to sanction, post-audit and review of refund claims |
CIRCULARS
Circular No. | Subject |
Circular No. 238/32/2024-GST dt. 15.10.2024 | Clarification of various doubts related to Section 128A of the CGST Act, 2017. |
Circular No. 237/31/2024-GST dt.15.10.2024 [Para 3] | Clarifying the issues regarding implementation of provisions of sub-section (5) and sub-section (6) in section 16 of CGST Act, 2017. |
Circular No. 31/05/2018 - GST dt.09.02.2018 | Proper officer under sections 73 and 74 of the Central Goods and Services Tax Act, 2017 and under the Integrated Goods and Services Tax Act, 2017 |
PRESS RELEASE
Date |
Subject |
21.07.2018 [Para 2(12)] | Recommendations made during the 28th meeting of the GST Council |
PORTAL RELATED UPDATES
Date | Subject |
10/11/2023 | Advisory for the procedures and provisions related to the amnesty for taxpayers who missed the appeal filing deadline for the orders passed on or before March 31, 2023 |
COMMUNITY INSIGHTS
Topic |
Publish Date |
|
|
Bombay High Court Condones Marginal Delay in Appeal Filing Due to Late Order Communication In a significant ruling that underscores the importance of procedural fairness and the practical realities faced by taxpayers, the Hon’ble Bombay High Court recently set aside an Order-in-Appeal that had dismissed an appeal solely on the grounds of a marginal delay. The case, RELIANCE SECURITIES LIMITED VERSUS THE COMMISSIONER (APPEALS) -II OF CGST & CENTRAL EXCISE, MUMBAI & ORS............... Read More |
27.06.2025 |
|
Section 107(4) GST Appeals: The 3+1 Month Challenge Picture this: A small business owner, swamped with year-end compliance work, receives a GST adjudication order demanding a hefty tax payment. Shocked but determined to contest it, she prepares to file an appeal. But in the chaos of audits and paperwork, she misses the deadline — by just a couple of weeks. When she finally files the appeal, it’s rejected outright. Why? Because she crossed the 3 months + 1 month limit................... Read More |
17.06.2025 |
|
Pre-Deposit Refund Delayed? Courts Say That's Unconstitutional "Justice delayed is justice denied," they say. But what if it's delayed not by courts—but by portals, procedural rigidity, and a misinterpretation of the word "may"? This is the story of a taxpayer who fulfilled every requirement under the law, won their appeal fair and square, and yet had to knock on the doors of the High Court just to get back what was rightfully theirs—a statutory pre-deposit................... Read More |
05.06.2025 |
CASE LAW
Authority |
One liner |
2025(07)LCX0093 Jammu & Kashmir High Court Dixon Engineering |
Restoration of GST registration permissible on tax compliance, even if
appeal time has lapsed. |
2025(07)LCX0069 Delhi High Court Bhupender Kumar |
Writ relief was denied as serious
allegations of fraud and factual disputes must be resolved through
statutory appellate remedies. |
2025(07)LCX0046 Madras High Court Indian Spices |
Writ allowed conditionally to uphold natural
justice despite delay in appeal filing. |
2025(06)LCX0457 Karnataka High Court Apkon Ventures Private Limited |
Disregard of court-granted liberty and initiation of parallel proceedings vitiate both adjudication and appellate orders. |
2025(06)LCX0456 Madras High Court Tvl Altec Fabricators |
Conditional relief granted despite delay, balancing procedural compliance with substantive justice |
2025(06)LCX0455 Madras High Court M R Pro Tech Private Limited |
Delayed appeal may be entertained conditionally to avoid denial of substantial justice, despite procedural lapse. |
2025(06)LCX0443 Madras High Court Kaajal Agarwal |
Delay in filing appeal due to pending rectification plea is condonable when justified and accompanied by pre-deposit. |
2025(06)LCX0442 Madras High Court Rohini Hotels (Madras) Private Limited |
Clerical mistakes in summary assessment cannot preclude appellate remedy when delay is explained and deposit is made. |
2025(06)LCX0420 Madras High Court Patil Construction & Infrastructure Limited |
Appeal allowed beyond limitation to uphold justice where rectification route was mistakenly pursued. |
2025(06)LCX0310 Madras High Court Lucky Traders |
Delay in appeal filing due to non-service of physical order copy may be
condoned by writ court in interests of justice. |
2025(05)LCX0540 Gauhati High Court Jenia Namchoom |
GST registration cancellation can be set aside under Article 226 when revocation is barred solely on limitation. |
2025(05)LCX0322 Delhi High Court Lala Shivnath Rai Sumerchand Confectioner Private Limited |
Pre-deposit relief granted and matter
relegated to appellate authority due to prima facie duplication in
ITC-related demands. |
2025(05)LCX0145 Delhi High Court Aushta Enterprises |
Writ petition dismissed as natural justice was deemed complied; remedy lies in appeal. |
2025(05)LCX0124 Delhi High Court MHJ Metaltechs Private Limited |
Writ not entertained in ITC fraud case; petitioners directed to appellate remedy. |
2025(05)LCX0121 Chattisgarh High Court Alligare Chem Private Limited |
Writ dismissed for alternate remedy; liberty granted to raise issues in appeal. |
2025(05)LCX0006 Allahabad High Court Kishan Chand And Co |
Procedural delay in submitting a certified copy of order or decision u/r 108(3) CGST Rules cannot defeat a timely e-filed GST appeal. |
2025(04)LCX0046 Allahabad High Court Simla Gomti Pan Products Private Limited |
Dismissal of the assessee GST appeals as time-barred is quashed as the appellate authority improperly failed to consider the exclusion of time spent pursuing remedies before the HC and SC under Section 14 of the Limitation Act. |
2025(03)LCX0385 Calcutta High Court Nandadulal Pal |
Noting the assessees compliance with pre-deposit and the absence of an appellate tribunal, order rejecting appeal due to delay of 28 days was set aside |
2025(02)LCX0425 Andhra Pradesh High Court Star Enterprises |
Limitation period for filing appeals against orders passed before 31.03.2023 was extended by G.O.Ms.No.551, dated 16.11.2023 |
2025(02)LCX0309 Madras High Court Tvl Chennais Pet |
Order rejecting of the assessee appeal due to delay is set aside and remanded for fresh consideration as assessee was unaware of proceedings |
2025(02)LCX0304 Karnataka High Court S K Takappa |
Appeal filed on 22.03.2024 against the order which was communicated through e-mail on 22.12.2023 is within 90 days period u/s 107 of GST Act and is thus directed to be heard for fresh orders. |
2025(01)LCX0494 Madras High Court Tvl S V Technick |
Appellate authority is directed to re-examine the assesse appeal timeliness u/s 107 of the GST Actas limitation should have been reckoned on the basis of 3 months from the date of receipt of the order and not 90 days + 30 days |
2025(01)LCX0465 Madras High Court DSM Soft Private Limited |
Crediting of cash ledger to the extent of 10% would result in compliance with the statutory condition of pre-deposit for Section 107 CGST Act and failure to generate the DRC-03 is only technical violation. |
2024(09)LCX0571 Allahabad High Court Wonder Enterprises |
Passing an appellate order on a date later than the hearing without statutory backing violates GST procedural fairness. |
2024(09)LCX0311 Madras High Court Tvl Canply |
Order dismissing the late appeal is set aside as assessee had not given an opportunity to contest the assessment before the order was made. |
2024(06)LCX0038 Madras High Court Thangadurai Nadar Steels & Hardware and Paints |
Opportunity will be given to assessee to
submits his contention, if the delay in filing appeal is marginal. |
2024(04)LCX0207 Allahabad High Court Jai Prakash Shiv Charan Bidi |
Order in Appeal rejected merely on technical ground of not attaching certified copy of order u/s 74 with appeal is not allowed to stand. |
2024(02)LCX0449 Patna High Court Nitya Enterprises |
The extraordinary jurisdiction under Article 226 should not be invoked when alternative remedies are available. |
2024(01)LCX0450 Calcutta High Court G L Kundu & Sons Steel Private Limited |
In the event where statutory remedy is not available, writ petition is maintainable. |
2024(01)LCX0298 Allahabad High Court Murli Packers |
Benefit of Section 14 of the Limitation Act granted to appeal u/s 107 of the GST Act |
2024(01)LCX0285 Allahabad High Court Garg Enterprises |
Section 5 Limitation Act, 1963 does not apply to Section 107 CGST Act |
2021(02)LCX0239 Andhra Pradesh High Court Ali Cotton Mill |
Appeal u/s 107 can be filed electronically or manually as per Rule 108 |
2022(09)LCX0216 Supreme court of india BM Construction |
Assessee can file further appeal under Section 107 of GST Act against the order of assessment. |
2020(09)LCX0010 Orissa High Court Paradeep Phosphates Ltd |
Non-speaking refund rejection under inverted
duty structure remitted; appellate remedy under Section 107 remains
open. |
2020(08)LCX0043 Madhya Pradesh High Court Jagdish Arora |
Bail granted for offence u/s 132(1)(a) as petitioner had resigned from directorship of the company. |
2020(07)LCX0003 Allhabad High Court Vrishank Advertising |
Revocation rejection quashed; CGST (Removal
of Difficulties) Order 2020 extends revocation period to 31 Aug 2020. |
2020(02)LCX0144 Orissa High Court Debabrata Mishra |
Appeal filed beyond condonable limit under
Section 107; writ allowed for liberal reconsideration by department. |
2018(12)LCX0019 Himachal Pradesh High Court Scott Edil Pharmacia Limited |
On account of no Appellate Forum been notified, writ petition disposed of with remedy to file appeal once Forum is notified |