ArticleGST Article

Forensic audit warranted for GST proceedings where massive discrepancy exists between GST turnover and inflated ITR turnover declared for tender qualification

The Hon’ble Madras High Court in the case of M/s. K.N. Raj Constructions held that considering the huge difference between bank receipts / GST-reported turnover of Rs. 27.89 crores and the turnover declared in the Income Tax portal of Rs. 166.93 crores, the assessee’s records require forensic examination by the GST Audit Wing …

ArticleGST Article

Supreme Court stays proceedings of SCN under Section 74 as bereft of material particulars, beyond mere figures

The Hon’ble Supreme Court in the case of GR Infra Projects Limited Ratlam v. State of Madhya Pradesh & Ors. [Petition for Special Leave to Appeal (C) No. 33594/2025, order dated November 21, 2025] held that the impugned Show Cause Notice (“SCN”) issued under Section 74 of the GST Act is prima facie bereft of material particulars as it contains only figures without

ArticleGST Article

Whether Subject matter of the State GST proceedings and Central GST proceedings are identical involves factual examination and is not a pure question of law

The Hon’ble Allahabad High Court in the case of M/S Meerut Steels held that the question of jurisdictional overlap in parallel proceedings under Central GST and State GST Acts is not a pure question of law but involves factual adjudication, and therefore the writ petition challenging the Central GST order before the High Court is not maintainable. The Petitioner may raise the issue through statutory appeal.

ArticleGST Article

Extended Limitation Period Under Section 74 of the CGST Act Cannot Be Invoked Without Wilful Suppression

The Hon’ble Karnataka High Court in the case of M/s. NCS Pearson Inc. held that the show cause notice issued under Section 74 of the CGST Act, 2017, alleging willful suppression to invoke an extended limitation period, was illegal and without jurisdiction as the Revenue had full knowledge of all facts from the AAR and AAAR proceedings, and the key jurisdictional fact of willful suppression was not satisfied.

ArticleGST Article

SC stays further proceedings as SCN under Section 74 finding it prima facie bereft of material particulars beyond mere figures

The Hon’ble Supreme Court in the case of GR Infra Projects Limited Ratlam held that the impugned SCN issued under Section 74 of the GST Act is prima facie bereft of material particulars as it contains only figures without disclosing why there has been fraud, willful misstatement or suppression of facts to evade tax, issued notice returnable in four weeks and stayed further proceedings.​