ArticleGST Article

Mandatory pre-deposit is must for filing appeal in spite of financial catastrophe and huge financial crunch and liabilities

The Hon’ble Calcutta High Court in the case of I-Karb E-Sol (P.) Ltd. v. Joint Commissioner of State Tax, Behala Charge [WPA No. 2160 of 2025 , order dated June 11, 2025], held that non-payment of mandatory pre-deposit under Section 107(6) of the CGST Act is a valid ground for dismissal of writ petition challenging rejection of appeal by the Appellate authority.

GST ArticleHigh Court

Provisions on limitation should be interpreted liberally in cases where genuine hardships are demonstrated

The Hon’ble Calcutta High Court in the case of Shruti Iron (P.) Ltd. disposed of the writ petition where pursuant to notice issued under Section 65 of the Central Goods and Services Tax Act, 2017 (“the CGST Act”), demand was confirmed against the Assessee without following proper procedure. Further, appeal of the Assessee was dismissed on grounds of limitation and the said order was to be set aside. Consequently, the Appellate Authority was to be directed to decide application of Assessee for condonation of delay on merits.

GST ArticleHigh Court

Assessee commitment to file return for default period is ground for setting aside of order cancelling GST registration on account of non-filing of returns

The Hon’ble Calcutta High Court in the case Pranabesh Sarkar set aside the order of GST registration cancellation on the ground that the Assessee has defaulted in filing of GST returns, on the ground that the Assessee would file the GST returns for the default period along with payment of tax, interest, fine and penalty.