ArticleGST Article

Supreme Court to examine whether the six-month time limit for issuance of show cause notice under Section 74(2) of the CGST Act is mandatory or directory

The Hon’ble Supreme Court in M/s. Bengal Cold Rollers Private Limited issued notice in the challenge laid to the judgment of the Hon’ble Telangana High Court which had held that the time limit prescribed under Section 74(2) of the CGST Act for issuance of a show cause notice is merely directory and not mandatory..

ArticleGST Article

Ratification is no substitute for recommendation – Notifications travelling beyond GST Council recommendations are ultra vires

The Hon’ble Madras High Court (Madurai Bench) in M/s. Guru and Co. ruled that Central Government cannot travel beyond the recommendations of the GST Council, and that the GST Council, whose power under Article 279A of the Constitution of India is only to make recommendations, does not possess any power to ratify Notifications already issued by the Government.

ArticleGST Article

Unsigned Assessment Order in Form GST DRC-07 is Invalid as Absence of the Assessing Officer’s Signature is an Incurable Jurisdictional Defect

The Hon’ble Andhra Pradesh High Court in Nominee Works Committee Kalavalla and M/s GSN Granites v. Assistant Commissioner (ST) & Ors. [Writ Petition No. 14368 of 2026 dated June 15, 2026] set aside the assessment orders passed in Form GST DRC-07 which did not bear the signature of the Assessing Officer and held

ArticleIncome Tax Article

No Addition under Income Tax Law on Bogus Purchases, Where Sales Are Accepted and Supplies Are Backed by GST Records and Banking Trail

The ITAT, Kolkata Bench in M/s Diach Chemicals & Pigments Pvt. Ltd. set aside the addition sustained by the Commissioner of Income-tax (Appeals) on account of alleged bogus purchases and held that where the impugned purchases are duly backed by tax invoices, e-way bills, lorry receipts, weighment slips, GSTR-1 and GSTR-3B

ArticleGST Article

Mere Expiry of E-Way Bill Without Intent to Evade Tax Cannot Justify 200% Penalty

The Hon’ble Calcutta High Court in the case of Industrial Pumps & Motors Agencies &Anr. vs. The State of West Bengal & Ors. [WPA 28356 of 2024, order dated April 16, 2026] held that mere expiry of e-way bill, in absence of any intention to evade tax and where transportation documents were otherwise genuine, cannot justify imposition of harsh penalty under Section 129 of the WBGST Act, 2017.