Tag: Supreme Court

ArticleGST Article

Supreme Court Admits Revenue’s Appeal on Revenue Neutrality in Inter-Unit Excise Valuation Dispute

byCA Bimal Jain

The Hon’ble Supreme Court in the case of Commissioner of Central Excise & Service Tax held that Revenue’s appeal against CESTAT Kolkata’s finding of revenue neutrality in Steel Authority of India Limited’s (“SAIL”) inter-unit transfer of refractory materials was admitted, condoning delay and keeping the question of law open, as the Tribunal had set aside excise duty demands holding the transaction to be revenue-neutral.

ArticleGST Article

SC decides on interpretation of Section 5 of the Limitation Act requiring “sufficient cause” demonstration for entire limitation period

byCA Bimal Jain

The Hon’ble Supreme Court in the case of Shivamma (Dead) by LRs v. Karnataka Housing Board & Ors. held that for condonation of delay under Section 5 of the Limitation Act, 1963 the expression “within such period” means the entire duration from when the cause of action accrued or limitation commenced until actual filing

ArticleCustoms Article

SC Upholds import of gold and silver bars under Duty-Free Imports under DFCE Scheme was valid, rejecting alleged Circular Trading and fraudulent entitlement

byAdmin

The Hon’ble Supreme Court in the case of Commissioner of Customs, Ahmedabad, after  condoning the delay and uphold the CESTAT Ahmedabad judgement that the imports of gold and silver bars made by Adani Enterprises Ltd. under the Duty-Free Credit Entitlement (“DFCE”) licenses issued by DGFT were valid, rejecting allegations of fraudulent entitlement and circular trading.

ArticleGST Article

SC dismiss SLP against Delhi HC judgment on validity of consolidated SCN for multiple financial years in fraudulent ITC

byCA Bimal Jain

The Hon’ble Supreme Court in the case of Mathur Polymers upheld the Delhi High Court judgment [W.P.(C) 2394/2025 & CM APPL. 11289/2025, order dated August 26, 2025] which held that consolidated SCN covering multiple financial years are permissible in cases of fraudulent Input Tax Credit (ITC) availment, and service of notice on the registered email address constitutes valid service under Section 169(1)(c) of the CGST Act.

ArticleGST Article

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

byCA Bimal Jain

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.​

ArticleGST Article

Supreme Court upholds GST exemption for renting residential dwelling used as hostel by students

byCA Bimal Jain

The Hon’ble Supreme Court in the case of The State of Karnataka & Anr. held that renting of residential dwelling to lessee for sub-leasing as hostel providing long-term accommodation to students/working professionals qualifies for exemption under Entry 13 of Notification No. 9/2017-Integrated Tax (Rate) as “services by way of renting of residential dwelling for use as residence”.