Supreme Court Questions If GST Authorities Can Decide What Material Seized From Advocate's Office Is Privileged

The Supreme Court on Monday questioned whether GST authorities investigating a case could themselves decide which material seized from an advocate was protected by advocate-client privilege while hearing a plea by advocate Puneet Batra challenging the search of his office and seizure of his computer and documents. A Division Bench of Justices Dipankar Datta and Sheel Nagu raised the question during the hearing after Additional Solicitor General S.V. Raju, appearing for the Union government,...

Supreme Court Refuses To Interfere With HC Order Quashing ₹363 Crore GST Demand Against Vodafone Mobile Services Post Merger

The Supreme Court on Monday refused to interfere with the Bombay High Court's order quashing GST proceedings involving a ₹363 crore demand against Vodafone Mobile Services Ltd. after its merger with Idea Cellular Ltd.A bench of Justices J.B. Pardiwala and K. Vinod Chandran dismissed the Union of India's special leave petition at the threshold. The High Court had held that GST proceedings initiated against Vodafone Mobile Services Ltd after its merger with Idea Cellular Ltd and Vodafone...

GST Authority Not Bound To Seek Additional Documents: Supreme Court Refuses To Interfere With Delhi HC Order

The Supreme Court on Thursday dismissed an appeal against the Delhi High Court's order holding that a GST adjudicating authority is not bound to seek additional documents or clarifications from a taxpayer before passing an order merely because it finds the material already furnished insufficient. The case arose from a plea by Sodexo India Services Private Limited challenging the GST adjudication order.The High Court dismissed its challenge to a GST demand of around ₹8.75 crore under Section 74...

Supreme Court Stays Tripura HC Ruling Allowing ITC To Buyer Despite Supplier's Failure To Deposit GST

Today, the Supreme Court issued notice in the Union of India's challenge to a Tripura High Court judgment which allowed a purchaser to claim Input Tax Credit (ITC) despite the supplier having failed to deposit the GST collected from the purchaser with the Government. A Division Bench of Justices J.B. Pardiwala and K. Vinod Chandran also stayed the operation of the High Court's 6 January 2026 judgment. The case concerns the interpretation of Section 16(2)(c) of the Central Goods and Services...

Supreme Court Sets Aside GST Notice Against Tata Steel, Says 'Suppression' Must Have Factual Basis

The Supreme Court has set aside a GST show cause notice issued to Tata Steel Limited and the consequential Order-in-Original dated 26 December 2025, holding that the Department could not invoke the extended limitation period under Section 74 of the Central Goods and Services Tax Act, 2017 (CGST Act), merely by using the words “suppression of facts” without setting out the foundational facts supporting the allegation. A Bench of Justices J.B. Pardiwala and K. Vinod Chandran held that where the...

Supreme Court Says Extended GST Limitation Cannot Be Invoked Mechanically, Quashes G.R. Infra Notice

The Supreme Court on 19 August held that the extended limitation period under Section 74 of the Central Goods and Services Tax Act, 2017 cannot be invoked merely by mechanically using expressions such as “fraud”, “wilful misstatement” or “suppression of facts” in a show cause notice. A Bench of Justices J.B. Pardiwala and K. Vinod Chandran allowed an appeal filed by G.R. Infra Projects Limited, Ratlam, observing that the show cause notice itself must specify the allegations and circumstances...

Supreme Court Dismisses GST Review Against Bharti Airtel And Others Over ITC On Telecom Towers

The Supreme Court on 19 August dismissed the Goods and Services Tax (GST) Department's review petition against Bharti Airtel Ltd, Indus Towers Ltd and Elevar Digitel Infrastructure Pvt Ltd, upholding the earlier dismissal of the Department's challenge to the Delhi High Court ruling on input tax credit (ITC) for telecom towers. A Bench of Justices Vikram Nath and Prasanna B. Varale found no error apparent on the face of the record warranting reconsideration of the Supreme Court's earlier order...

Supreme Court Notice On GST Department Plea Against HC Order Quashing Arrest Over Failure To Serve Grounds

The Supreme Court on Thursday issued notice on the GST Department's plea challenging an Allahabad High Court order that set aside the remand of a person arrested under the Central Goods and Services Tax Act, 2017. The High Court had found that the grounds of arrest were not shown to have been served before his production before the Magistrate. The High Court also found that the arrest memo did not mention any annexure containing the grounds of arrest. The court relied on the January 13, 2025...

Order Authorising Arrest Under GST Law Must Be Communicated Before Arrest: Supreme Court

The Supreme Court on Wednesday ruled that an order authorising arrest under the GST law must be communicated to the person concerned before the authorities proceed with the arrest.“To ensure that anyone who is facing the apprehension of arrest is not left in a position of irreparable damage, we have said that Section 69 [CGST Act] order has to be communicated,” a bench of Justices Dipankar Datta and Sheel Nagu held.The court made the observation while setting aside a Bombay High Court...

Rule 96(10) CGST Rules | Supreme Court Says Deleted Restriction On IGST Refunds Cannot Apply To Claims Pending On Omission

The Supreme Court has ruled in favour of exporters seeking refunds of integrated tax paid on exports, holding that a restriction that had earlier prevented some of them from claiming such refunds cannot be applied to their cases if the refund proceedings were pending when the restriction was removed.The restriction was contained in Rule 96(10) of the Central Goods and Services Tax Rules, 2017. Before it was omitted on October 8, 2024, the rule restricted refunds of integrated tax paid on exports...

ITC Can Be Denied To Buyer If Supplier Fails To Pay Tax: Supreme Court Upholds S.16(2)(c) Of CGST Act

The Supreme Court has recently upheld the Gujarat High Court's judgment sustaining the constitutional validity of Section 16(2)(c) of the Central Goods and Services Tax Act, 2017. In doing so, it affirmed that a registered purchaser cannot claim Input Tax Credit (ITC) unless the supplier has actually paid the tax charged on the underlying supply to the government.Upholding the High Court's judgment, the court observed, "High Court was fully justified in holding that no grounds were made out to...

Supreme Court Directs FanMade11, 9Stacks To Pursue GST Appeal Instead Of Writ Petitions

The Supreme Court has disposed of writ petitions filed by two online gaming companies, FanMade11 Fantasy Sports Private Limited and 9Stacks, challenging GST proceedings against them. A bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran heard both pleas. The court directed both companies to pursue the statutory remedies available under the GST law instead of invoking its writ jurisdiction. In the matter involving 9Stacks, the court held that since a final assessment order had...