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Search results for: Section 74

Karnataka HC's Order in the Case of Kesar Colour Chem Industries vs. Intelligence Officer

Karnataka HC: ‘Self-ascertainment’ Recovery Under GST Section 74 Violates Article 265

The Karnataka High Court, voluntary determination by the taxpayer himself as regards the tax liability, is sine qua non for ‘self-ascertainment of tax’ under the CGST Act. The high court said that when the notice asked to be issued under section 74(1) it showed a new and complete adjudication and did not direct to a […]

New GST Section 74A

GST Section 74A to Address Tax Discrepancies & Incorrect ITC

To redefine India’s tax landscape, the Finance Minister’s Budget 2024 presentation in Parliament shows a game-changing addition to the GST framework. The updated section 74A changes GST compliance and enforcement in the country. Taxpayers, businesses, and tax professionals across India wish to learn about the implications of the same new section and what it demonstrates […]

Madras HC's Order for Balaji Electrical & Hardwares

Madras HC: If An Assessment Order Doesn’t Meet Conditions Defined in GST Section 74, It Is Considered Invalid

Delhi High Court in a judgment stressed the importance of complying with the statutory needs laid out in Section 74 of the Tamil Nadu Goods and Services Tax Act, 2017 (TNGST Act), in the case of Balaji Electrical & Hardwares Vs State Tax Officer (ST). The very ruling has set a precedent, assuring that the […]

GST Non-payment Cannot Invoke Section 74(1)

A Non-payment of GST Cannot Instigate an Action Under Section 74(1)

Section 74(1) of the Central Goods and Services Tax Act, 2017 states that if the proper officer suspects non-payment, short payment, erroneous refund, or wrongful availing/utilization of input tax credit due to fraud, willful misstatement, or suppression of facts to evade tax, they must serve a notice to the person liable for the unpaid tax […]

HC Revokes SCN Under GST Section 74(1)

HC Revokes SCN Under GST Section 74(1) Due to Rule 142(1)(a) Violation

In violation of Rule 142(1)(a) of the GST Rules, the Jharkhand High Court division bench has quashed the order in the summary of GST show cause notice without issuing show cause notice pursuant to Section 74(1). As the portion of the search performed via the respondents on the premises of the petitioner, M/s. Juhi Industries […]

Rajasthan High Court Order for M/s. Dhariwal Products

HC Orders Authority to Follow Section 74, Can’t Force to Deposit GST

The Rajasthan High court has rendered that the GST council should not impose the assessee for depositing the GST or take the measures with force without following the steps given under Section 74 of the CGST Act. The applicant is the owner of Dhariwal Products and wants to answer to the respondent GST department along […]

GST Circular 254/11/2025: Assignment of Proper Officers

GST Cir 254/11/2025: Proper Officer Assignment Clarified for Sections 74A, 75(2) and 122

The Central Board of Indirect Taxes & Customs (CBIC), via Circular No. 254/11/2025‑GST, dated 27 October 2025, has issued fresh guidelines regarding the assignment of proper officers under Sections 74A, 75(2) and 122 of the Central Goods and Services Tax Act, 2017 (CGST Act) and the CGST Rules. Key Highlights of Circular No. 254/11/2025-GST Implications […]

Madras HC's Order in Case of The Assistant Commissioner of Customs vs. M/s.Modern India Products

Madras HC: IGST Refund Claim Valid Alongside Duty Drawback Under Sections 74 & 75

The Hon’ble Madras High Court of Madurai Bench in the case of M/s Modern India Products v. The Assistant Commissioner of Customs House IGST Section & Ors. [Writ Appeal (MD) No. 1559 of 2021 dated February 21, 2025], has permitted the refund claim via the taxpayer of the Integrated Goods and Services Tax (“the IGST”) […]

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