• twitter-icon

Search results for: Section 74

Gujarat HC's Order in the Case of Orient Overseas Container Line Limited & ORS. Vs Union of India & ORS.

GST: Gujarat HC Protects Assessee from Section 74 Action amid Dispute on ITC Distribution

The High Court of Gujarat has provided temporary protection to a container shipping company in a legal case about how it shares tax credits between its different branches. The court has ordered that the authorities should not take any harsh actions against the company while the case is still ongoing. Orient Overseas Container Line Limited […]

Allahabad HC's Order in The Case of M/s S.A. Iron & Alloys Pvt. Ltd vs. State of U.P. and 4 Other

Allahabad HC: GST Section 74 Requires Fraud Proof, Orders Refund with 4% Interest

The Allahabad High Court has ruled that the GST ( Goods and Services Tax ) Department cannot invoke Section 74 of the CGST Act in the absence of findings of fraud, wilful misstatement, or suppression of facts with intent to evade tax. The appellate order’s part has been quashed by the court that kept the […]

Bombay HC Order In The Case of M/S Suman S. Construction V/S Union of India & ORS

Bombay HC: Finance Act Section 74 Cannot Be Used to Reassess Service Tax Liability

On November 14, 2025, the High Court of Bombay in Aurangabad turned down a request from M/s Suman Construction, a civil contractor registered with the government. The company was disputing a demand for service tax that was related to the road construction projects it completed for government departments. The problem before the court was whether […]

Karnataka HC's Order in The Case of M/S NCS Pearson INC vs. Union Of India

Karnataka HC: Misreporting in GSTR-5A Filing Not Suppression Under GST Section 74

The Karnataka High Court has clarified that not accurately reporting the correct value in tax returns or applying the appropriate Goods and Services Tax (GST) rate does not constitute suppression under Section 74 of the Central Goods and Services Tax (CGST). This ruling emphasises the distinction between honest errors and deliberate suppression in tax reporting. […]

Allahabad HC's Order in The Case of M/S Safecon Lifescience Private Limited vs. Additional Commissioner Grade 2

Allahabad HC: Section 74 GST Proceedings Unjustified When Goods Movement Is Proven by Assessee

When the taxpayer has proved the actual movement of goods and it stayed unrebutted via authority, then the proceedings u/s 74 of the Goods and Services Tax Act, 2017 are not justified, Allahabad High Court cited. U/s 74 of the GST Act, the proceedings could be initiated if the taxpayer has not paid or short […]

Stakeholders Raise Alarm Over Misuse of GST Audit Notices under Section 74(A)

Stakeholders Flag Misuse of GST Section 74(A) for Routine Audits, Urge Shift to Section 73

Towards the issuance of GST audit scrutiny notices under Section 74(A), tax experts and industry representatives raised concerns regarding bogus practices at the GST conclave, jointly organised by the Central GST (CGST) Ahmedabad Zone and the Gujarat Chamber of Commerce and Industry (GCCI). The experts mentioned that these notices are to be reserved merely for […]

Orissa HC's Order in The Case of Narayan Pradhan vs. Asst. Commissioner, GST and CE

Orissa HC Quashes GST Penalty Under Section 74 Citing Jurisdictional Error

On behalf of petitioner Mr Harichandan, the advocate appears and said that the impugned is Show cause notice on 19th February 2024 that has the purported finding of misstatement made by his client, to underpay the tax issued under sub-section (l) in section 74 of Central Goods and Services Tax Act, 2017. The provision was […]

Orissa HC's Order In the Case of Simanchal Achary vs. Joint Commissioner of State Tax

Orissa HC Sets Aside Tax Penalty Order Under Section 74 for Overlooking Assessee’s GST Payments

Simanchal Achary, the petitioner is a work contractor who is contesting the first appellate order passed u/s 107 of the Act pertinent to the tax period from July 2017 to March 2018. It was asserted by the applicant that certain payments incurred were not regarded in the adjudication order passed u/s 74 of the act […]

Kerala HC's Order In The Case of Ayyappan Pillai vs The State Tax Officer

Kerala HC: If an Assessee Fails to Submit a Sales Report for Tax Evasion, Section 74 Must Be Applied

It was mentioned by the Kerala High Court that the provision of section 74 of the CGST Act can be invoked if the taxpayer fails to report actual sales to evade tax. The Bench of Justice Gopinath P. observed that “It is for the assessee to get his claim adjudicated by the statutory authorities under […]

Follow Us on Google News

Google News

Latest Posts

Best Offer in 2026

Powering India's Taxation Experts with Innovation

Upto 20% Off
Tax, ROC/MCA, XBRL, Payroll, Online GST

Limited Offer, Hurry

Easy to File Tax/GST Returns

Upto 20% Off on Tax Software

    Select Product*

    Current GST Due Dates