ArticleGST Article

Appellate Authority can re-examine all aspects of the case, including evidence and submissions, and cannot remand the matter to the original authority

The Hon’ble Delhi High Court in the case of Sonu Monu Telecom Pvt. Ltd. v. Union of India [W.P.(C) 2926/2025, order dated July 10, 2025] held that the Appellate Authority under Section 107(11) of the CGST Act is empowered to fully adjudicate the entire matter afresh, including considering the taxpayer’s reply, evidence, and arguments, and that the only embargo is that the matter cannot be remanded back to the adjudicating authority.

ArticleGST Article

No attachment of bank account after statutory pre-deposit of 10% of the disputed tax demand under Section 107 of the GST Act

The Hon’ble Andhra Pradesh High Court in the case of Wingtech Mobile Communications India Pvt. Ltd. held that the recovery and attachment of bank accounts after payment of the statutory pre-deposit of 10% of the disputed GST demand under Section 107 of the CGST Act, is impermissible, and directed the Respondents to refund the excess amount recovered, subject to safeguards protecting revenue interests.