Anchor Shipping Services v. Assistant Commissioner of Commercial Taxes
Facts :
The petitioner, a registered GST dealer, was subjected to assessment proceedings under Section 73 of the CGST/KGST Act for certain tax periods. Discrepancies were found between GSTR-3B, GSTR-1, and GSTR-2A returns, leading to issuance of show-cause notices through the GST portal. The petitioner contended that such notices and consequent ex parte orders were not effectively communicated and came to light only during recovery proceedings. Due to lack of knowledge, the statutory appeal period expired.
Court Decision:
The Court held that uploading notices on the GST portal is a valid mode of service under Section 169, and a registered dealer is expected to monitor such communications. However, since the impugned orders were ex parte and had serious civil consequences, the Court balanced equities and set aside the orders. The matter was remitted for fresh adjudication subject to conditions: appearance before authority, filing objections, deposit of 20% of tax, and payment of ₹75,000 as costs. Non-compliance would result in revival of the original orders.
Other Case Law
Sh. Raghav Agarwal & Connected Matters v. Commissioner of Central Tax and GST Delhi North & Ors.
Whether Rule 86A of the CGST Rules, 2017 permits blocking of Input Tax Credit (ITC) in the Electronic Credit Ledger (ECL) in excess of the credit actually available therein, thereby creating a negative balance.
BackgroundMultiple taxpayers registered under CGST Act/DGST Act filed writ petit...
Read MoreTata Steel Limited vs. Union of India & Ors.
Whether a writ petition is maintainable before the High Court challenging proceedings under Section 74 of the Central Goods and Services Tax Act, 2017, despite the existence of an alternative statutory remedy.
BACKGROUNDTata Steel Limited filed a Writ Petition (WPT No. 2485/2026) before th...
Read MoreTirumala Milk Products Private Limited v. State Tax Officer
Validity of assessment order under Section 74 read with Section 75(7) of the CGST Act, 2017 where demand exceeds show cause notice. Scope of adjudication and limitation on confirming demand beyond proposal in show cause notice
Case Facts:The petitioner challenged an order dated 26.12.2025 confirming tax li...
Read More