Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 Case Laws - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
  • Title Only
  • Head Notes
  • Citation
Party Name: ?
Party name / Appeal No.
Law:
---- All Laws----
  • ---- All Laws----
  • GST
  • Income Tax
  • Benami Property
  • Customs
  • Corporate Laws
  • Securities / SEBI
  • Insolvency & Bankruptcy
  • FEMA
  • Law of Competition
  • PMLA
  • Service Tax
  • Central Excise
  • CST, VAT & Sales Tax
  • Wealth tax
  • Indian Laws
Courts: ?
Select Court or Tribunal
---- All Courts ----
  • ---- All Courts ----
  • Supreme Court - All
  • Supreme Court
  • SC Orders / Highlights
  • High Court
  • Appellate Tribunal
  • Tribunal / NCLT & Others
  • Appellate authority for Advance Ruling
  • Advance Ruling Authority
  • National Financial Reporting Authority
  • Competition Commission of India
  • ANTI-PROFITEERING AUTHORITY
  • Commission
  • Central Government
  • Board
  • DISTRICT/ SESSIONS Court
  • Commissioner / Appellate Authority
  • Other
In Favour Of: New
---- In Favour Of ----
  • ---- In Favour Of ----
  • Assessee
  • In favour of Assessee
  • Partly in favour of Assessee
  • Revenue
  • In favour of Revenue
  • Partly in favour of Revenue
  • Appellant / Petitioner
  • In favour of Appellant
  • In favour of Petitioner
  • In favour of Respondent
  • Partly in favour of Appellant
  • Partly in favour of Petitioner
  • Others
  • Neutral (alternate remedy)
  • Neutral (Others)
Landmark: ?
Where case is referred in other cases
---- All Cases ----
  • ---- All Cases ----
  • Referred in >= 3 Cases
  • Referred in >= 4 Cases
  • Referred in >= 5 Cases
  • Referred in >= 10 Cases
  • Referred in >= 15 Cases
  • Referred in >= 25 Cases
  • Referred in >= 50 Cases
  • Referred in >= 100 Cases
Situ: ?
State Name or City name of the Court.
Eg: Madhya Pradesh, Orissa, Hyderabad

Use comma for multiple locations.

AY/FY: New?
Enter only the year or year range (e.g., 2025, 2025–26, or 2025–2026).
Include Word: ?
Searches for this word in Main (Whole) Text
Exclude Word: ?
This word will not be present in Main (Whole) Text
From Date: ?
Date of order
To Date:

---------------- For section wise search only -----------------


Statute Type: ?
This filter alone wont work. 1st select a law > statute > section from below filter
New
---- All Statutes----
  • ---- All Statutes ----
  • Select the law first, to see the statutes list
Sections: ?
Select a statute to see the list of sections here
New
---- All Sections ----
  • ---- All Sections ----
  • Select the statute first, to see the sections list

Accuracy Level ~ 90%



TMI Citation:
Year
  • Year
  • 2026
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
  • 2006
  • 2005
  • 2004
  • 2003
  • 2002
  • 2001
  • 2000
  • 1999
  • 1998
  • 1997
  • 1996
  • 1995
  • 1994
  • 1993
  • 1992
  • 1991
  • 1990
  • 1989
  • 1988
  • 1987
  • 1986
  • 1985
  • 1984
  • 1983
  • 1982
  • 1981
  • 1980
  • 1979
  • 1978
  • 1977
  • 1976
  • 1975
  • 1974
  • 1973
  • 1972
  • 1971
  • 1970
  • 1969
  • 1968
  • 1967
  • 1966
  • 1965
  • 1964
  • 1963
  • 1962
  • 1961
  • 1960
  • 1959
  • 1958
  • 1957
  • 1956
  • 1955
  • 1954
  • 1953
  • 1952
  • 1951
  • 1950
  • 1949
  • 1948
  • 1947
  • 1946
  • 1945
  • 1944
  • 1943
  • 1942
  • 1941
  • 1940
  • 1939
  • 1938
  • 1937
  • 1936
  • 1935
  • 1934
  • 1933
  • 1932
  • 1931
  • 1930
Volume
  • Volume
  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
TMI
Example : 2024 (6) TMI 204
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
RelevanceDefaultDate
TMI Citation
    Pending challenge to assessment order remains available after refusal to interfere with the High Court order.
    Statutory appellate remedy for input tax credit penalty challenge remained available with writ-period limitation protection upheld.
    Supplier tax-payment condition for input tax credit applies to bona fide purchasers, with credit re-availment after liability discharge.
    Challenge to Orders-in-Original proceeds as their operation remains stayed pending the next hearing before the Supreme Court.
    Assignment of leasehold rights treated as a transfer of land benefits, with GST held inapplicable in the noted ruling.
    Input tax credit fraud allegations failed where actual goods movement and tax payment were established without recorded evasion findings.
    Writ jurisdiction challenges to tax notices were redirected to the statutory appellate remedy for final assessment orders.
    GST Appellate Tribunal access permitted through its President despite incomplete registration and numbering processes, with priority hearing considere...
    Electronic Credit Ledger blocking under GST is limited to available ITC; negative blocking is impermissible.
    Statutory appeal remedy bars belated writ challenge to CGST assessment proceedings
    GST treatment of actionable claims in betting and gambling affirmed, with games of skill played for stakes covered
    Writ maintainability under GST appeal remedy: Supreme Court dismissed the SLP and extended time to file the statutory appeal.
    Statutory appeal deadline extended due to technical glitches; filed appeal to be heard on merits without limitation objection.
    GST appeal pre-deposit waiver refused, with statutory appeal rights remaining subject to the prescribed limitation period.
    Pre-deposit compliance permits appeal while the challenge to Section 16(2) validity remains open for proper forum review.
    Deposited Amount Transfer and Release Directed After Verification Following Dismissal of Special Leave Petitions
    Leasehold rights transfer not taxable as services under GST; show cause notice under Section 74(1) was held unsustainable.
    Regular bail under GST law granted after substantial custody and filing of charge sheet made further detention unnecessary.
    Input tax credit condition challenge under the CGST Act remained pending further hearing after service directions were issued.
    Alternative remedy issue under CGST Section 74 to be heard with connected petition; interim protection continued.
❯❯
MaximizeMaximizeMaximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

    +

    Are you sure you want to delete "My most important" ?

    NOTE:

    Case Laws
    Showing Results for :
    Reset Filters
    Results Found:
    AI TextQuick Glance by AIHeadnote
    Quick Glance (AI)Headnote
    Pending challenge to assessment order remains available after refusal to interfere with the High Court order.
    Where an assessment order was already under challenge in pending proceedings, the Supreme Court declined to interfere with the High Court order and dismissed the special leave petition. The petitioner was permitted to continue pursuing the pending proceedings, and pending applications were closed. The operative point is that the existing challenge to the assessment order remained available for adjudication in those proceedings.
    Quick Glance (AI)Headnote
    Statutory appellate remedy for input tax credit penalty challenge remained available with writ-period limitation protection upheld.
    Maintainability of a writ petition challenging an input tax credit penalty order was addressed through reference to the High Court's direction relegating the challenge to the statutory appellate remedy. The High Court also protected limitation by directing exclusion of the time spent in writ proceedings. The Supreme Court dismissed the special leave petition, leaving that approach undisturbed.
    AI TextQuick Glance (AI)Headnote
    Supplier tax-payment condition for input tax credit applies to bona fide purchasers, with credit re-availment after liability discharge.
    Section 16(2)(c) of the Central Goods and Services Tax Act, 2017 requires the supplier to pay tax before a purchasing dealer may avail input tax credit, including where the purchaser is bona fide. The GST input tax credit framework materially differs from the Delhi VAT regime and does not permit parity with protections available to bona fide purchasers under that framework. The scheme permits reversal and later re-availment of credit once the supplier's tax liability is discharged, including through mechanisms for tax determination and recovery. The provision is described as constitutional and not requiring a reading down.
    AI TextQuick Glance (AI)Headnote
    Challenge to Orders-in-Original proceeds as their operation remains stayed pending the next hearing before the Supreme Court.
    Challenges to Orders-in-Original for the financial years 2021-2022 to 2023-2024 and an order dated 25.06.2026 were taken up by the SC. Notice was issued, and operation of the challenged orders was stayed until the next hearing.
    Quick Glance (AI)Headnote
    Assignment of leasehold rights treated as a transfer of land benefits, with GST held inapplicable in the noted ruling.
    Assignment of leasehold rights was treated in the noted High Court decision as a transfer of benefits arising from land rather than a taxable supply of services under the GST Act. Applying strict construction of taxing provisions, the High Court considered that Schedule II covers renting or leasing as services, while Schedule III excludes sale of land and buildings, and concluded that GST was not leviable on assignment by a lessee to a third-party assignee. The Supreme Court dismissed the related special leave petitions, referring to dismissal of a similar petition.
    Quick Glance (AI)Headnote
    Input tax credit fraud allegations failed where actual goods movement and tax payment were established without recorded evasion findings.
    Section 74 UPGST proceedings concerning alleged forged input tax credit were described as having been quashed by the HC because the taxpayer established actual movement of goods and tax payment. The text states that no finding of fraud, wilful misstatement, or suppression to evade tax had been recorded, undermining the basis for invoking section 74. It further records that the Supreme Court dismissed the special leave petition after condoning delay.
    AI TextQuick Glance (AI)Headnote
    Writ jurisdiction challenges to tax notices were redirected to the statutory appellate remedy for final assessment orders.
    Challenges to show-cause notices and an assessment order were addressed in the context of writ jurisdiction. The text states that the petitions were disposed of, with petitioners left to pursue the statutory appellate remedy against any final assessment order. It does not provide the legal reasoning, statutory provisions, or further details of the writ jurisdiction analysis.
    AI TextQuick Glance (AI)Headnote
    GST Appellate Tribunal access permitted through its President despite incomplete registration and numbering processes, with priority hearing considered appropriate.
    GST Appellate Tribunal access was addressed where its registration and numbering processes were not fully operational. As the Tribunal had been constituted and commenced adjudicating GST disputes, the petitioner was permitted to approach its President for registration, numbering, listing and, where necessary, interim relief. Given that the matter had reached a final stage before the High Court, priority hearing was considered appropriate. The Special Leave Petition was disposed of with liberty to pursue the matter before the Tribunal President.
    Quick Glance (AI)Headnote
    Electronic Credit Ledger blocking under GST is limited to available ITC; negative blocking is impermissible.
    Rule 86A of the GST Rules permits only a temporary restriction on debit of legitimately available ITC in the Electronic Credit Ledger where the Commissioner has reason to believe the credit was fraudulently availed or otherwise ineligible. Prior notice is not mandatory because the power is intended for urgent use, but blocking the ledger beyond the credit actually available is impermissible. If recovery is sought, authorities must proceed under the statutory mechanisms in Sections 73 and 74 of the CGST/PGST Acts. The SLPs were dismissed for want of interference under Article 136.
    AI TextQuick Glance (AI)Headnote
    Statutory appeal remedy bars belated writ challenge to CGST assessment proceedings
    A writ challenge to assessment proceedings under the CGST Act was declined where the petitioner had an effective statutory appeal under Section 107 and approached the writ court belatedly. The assessment order and show cause notice set out the factual basis, electronic communication had been issued, and the petitioner was aware of the proceedings earlier. In these circumstances, the writ petition was treated as an impermissible substitute for the appellate remedy, and no interference was warranted.
    AI TextQuick Glance (AI)Headnote
    GST treatment of actionable claims in betting and gambling affirmed, with games of skill played for stakes covered
    GST treatment of actionable claims arising from betting and gambling was addressed, with games of skill played for stakes discussed as falling within the betting and gambling category and actionable claims treated as goods under the GST framework. The writ petition was disposed of in terms of the Supreme Court's judgment in Directorate General of Goods and Services Tax Intelligence (HQS) & Ors., and the pending interlocutory applications were also disposed of.
    AI TextQuick Glance (AI)Headnote
    Writ maintainability under GST appeal remedy: Supreme Court dismissed the SLP and extended time to file the statutory appeal.
    Maintainability of writ petitions was tested against the availability of an appeal under Section 107 of the CGST Act, with the text indicating that writ entertainment was barred where the statutory appellate remedy was available. The Supreme Court dismissed the special leave petition and extended by two weeks the time granted by the High Court to file the Section 107 appeal.
    AI TextQuick Glance (AI)Headnote
    Statutory appeal deadline extended due to technical glitches; filed appeal to be heard on merits without limitation objection.
    Time to file the statutory appeal against the assessment order was extended because technical glitches prevented timely filing, and the petitioner was permitted to prefer an appropriate appeal within six weeks. The appeal already filed was directed to be heard on its own merits without objection on limitation. The note also flags issues concerning the right to personal hearing and the admissibility of additional documents in the appellate process, but the operative direction recorded is the extension of time and consideration of the filed appeal on merits.
    AI TextQuick Glance (AI)Headnote
    GST appeal pre-deposit waiver refused, with statutory appeal rights remaining subject to the prescribed limitation period.
    A request to waive the 5% pre-deposit for filing a statutory GST appeal was declined, leaving the applicants to proceed only if they chose to pursue the appellate remedy available in law. The order states that any such appeal would continue to be governed by the time limit under Section 107 of the Central Goods and Services Tax Act, 2017, and the applicant must decide whether to invoke that remedy or any other available legal course. The waiver prayer was therefore rejected, and the statutory appellate framework remained intact.
    AI TextQuick Glance (AI)Headnote
    Pre-deposit compliance permits appeal while the challenge to Section 16(2) validity remains open for proper forum review.
    The Supreme Court declined to interfere with the impugned judgment, while leaving the petitioner free to pursue available remedies. It permitted the appeal to be filed on making the necessary pre-deposits within eight weeks. The challenge to the validity of Section 16(2) of the Central Goods and Services Tax Act, 2017 was left open for consideration before the appropriate forum, and no final ruling on that issue was recorded in this note.
    AI TextQuick Glance (AI)Headnote
    Deposited Amount Transfer and Release Directed After Verification Following Dismissal of Special Leave Petitions
    The SC dealt with disposal of amounts deposited under an earlier order and lying with the Registry after dismissal of the special leave petitions. It directed transfer of the aggregate deposited amount, with accrued interest, to the office of the CGST and Central Excise Commissionerate. After due verification and identification, the amount was to be disbursed to the petitioners within one week of transfer.
    AI TextQuick Glance (AI)Headnote
    Leasehold rights transfer not taxable as services under GST; show cause notice under Section 74(1) was held unsustainable.
    Assignment or transfer of leasehold rights was treated as a transfer of immovable property rather than a taxable supply of services under GST in the circumstances noted. On that basis, the High Court held that Schedule II clause 2(b) did not apply and the show cause notice issued under Section 74(1) of the CGST Act was unsustainable, resulting in relief to the assessee. The Supreme Court condoned delay and dismissed the special leave petition, declining to interfere with the High Court's judgment and order.
    AI TextQuick Glance (AI)Headnote
    Regular bail under GST law granted after substantial custody and filing of charge sheet made further detention unnecessary.
    Regular bail was granted in a prosecution under the CGST Act because the accused had already undergone more than nine months in custody, the charge sheet had been filed, and further detention was found unnecessary at the stage of proceedings. The Court treated the completion of investigation and the maximum punishment for the alleged offences as relevant factors, and held that continued incarceration was unwarranted. The impugned order was set aside and the accused was released on bail.
    AI TextQuick Glance (AI)Headnote
    Input tax credit condition challenge under the CGST Act remained pending further hearing after service directions were issued.
    A challenge was raised to the High Court's reliance on the alternative-remedy doctrine, alongside the contention that section 16(2)(c) of the CGST Act, 2017 imposes an impossible condition for availing input tax credit. The matter was not finally decided; instead, it was taken up for further hearing after copies were directed to be served on the respondents.
    AI TextQuick Glance (AI)Headnote
    Alternative remedy issue under CGST Section 74 to be heard with connected petition; interim protection continued.
    The Supreme Court considered whether the question of availability of an alternative remedy in proceedings under Section 74 of the CGST Act should be heard together with a connected special leave petition, and whether interim protection ought to continue meanwhile. Notice was issued, further proceedings were stayed until the next date of hearing, and the matter was directed to be listed with the connected special leave petition.

    Case Laws

    Back

    All Case Laws

    Showing Results for :
    Reset Filters
      No Records Found

      Case Laws

      Back

      All Case Laws

      whatsappJoin Channel
      Showing Results for : Reset Filters

      2026 (5) TMI 1508 - SCH - GST

      Contents
      Cases Cited
      Referred In
      Ref Provisions New
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Regular bail under GST law granted after substantial custody and filing of charge sheet made further detention unnecessary.
      Regular bail was granted in a prosecution under the CGST Act because the accused had already undergone more than nine months in custody, the charge sheet ... Summary

      Topics

      ActsIncome Tax