CIRCULARS

Circular No. Subject
Circular No.42/16/2018-GST dt. 13.04.2018 Clarification regarding procedure for recovery of arrears under the existing law and reversal of inadmissible input tax credit.
Circular No.41/15/2018-GST dt. 13.04.2018 Procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances.

INSTRUCTIONS

Instruction No. Subject
Instruction No. 01/2022-GST dt. 07.01.2022 Guidelines for recovery proceedings under the provisions of section 79 of the CGST Act,2017 in cases covered under explanation to sub-section (12) of section 75 of the CGST Act,2017

PRESS RELEASE

Date

Subject

21.07.2018 [Para 2(16)] Recommendations made during the 28th meeting of the GST Council

CASE LAW

Authority

One liner

2024(04)LCX0321

Bombay High Court

Prasanna Karunakar Shetty
Recovery proceedings u/s 79 of CGST Act read with section 89 of CGST Act cannot be initiated against the former director of the company if such person was not the director for the relevant period
2024(03)LCX0319

Madras High Court

Unique Marine
Assessee must be provided with an opportunity to contest the tax demand due to mismatch b/w GSTR 1 and 3B returns.
2024(02)LCX0510

Delhi High Court

Sushil Kumar
The deposit amount was made before the search ended thus contrary to the CBIC Instruction No. 01/2022-2023 so court ordered refund of illegally recovered IGST with interest.
2024(01)LCX0123

Patna High Court

National Insurance Company Ltd.
When a Tribunal is not constituted u/s 109 GST Act, no recovery could have been made.
2023(11)LCX0236

Sikkim High Court

Lupin Ltd.
 
2020(03)LCX0138

Uttarakhand High Court

Perfetti Van Melle India Pvt. Ltd
If SCN is not issued by the proper officer the same can be challenged
2019(10)LCX0071

Chennai High Court

Tvl.GRB Dairy Foods Pvt Ltd.
 
2018(04)LCX0040

Allahabad High Court

Mohd. Yunush
GST is leviable on Recovery being made as arrears of land revenue through the Collector/District Magistrate