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Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

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GST update /2026-27/0033

Manoja Kumar Nayak v. Commissioner, GST & Central Excise
GST UPDATE
Hon’ble Court: ORISSA HIGH COURT : CUTTACK
Case Title: Manoja Kumar Nayak v. Commissioner, GST & Central Excise
Petition No.: 12682 of 2025
Hon’ble Judge(s) Hon'ble Chief Justice Harish Tandon and Hon'ble Justice Murahari Sri Raman
Date of Order 08.04.2026
Outcome In favour of the Petitioner
 
Brief Facts of the Case
The petitioner, M/s. Manoja Kumar Nayak was issued a communication Anti-Evasion alleging that the petitioner had availed ITC of ?4,39,970/- from M/s. Auxesia Traders, Kolkata, which was stated to be a non-existent and bogus entity. The petitioner was requested to reverse the ITC along with applicable interest and penalty. In response, the petitioner informed the department that he had already voluntarily reversed the entire disputed ITC through GSTR-3B returns for the period April 2023 and June 2024. Further, it was held that sufficient balance remained in the Electronic Credit Ledger and therefore no interest under Section 50 was payable. Despite this, the department issued Show Cause Notice proposing the demand of tax, interest and penalty by invoking Section 74 of the CGST Act. The petitioner challenged the proceedings before the Hon’ble Court.
Relevant Section 
Section 74 of the CGST Act
Section 50 of the CGST Act
Section 16 of the CGST Act
Question before Hon’ble Court
Whether penalty under Section 74 could survive solely on the basis of a DGGI Alert Notice particularly when the disputed ITC had already been reversed?
Whether interest under Section 50 was payable after voluntary reversal of ITC?
Brief Arguments by Petitioner 
The Petitioner challenged the invocation of Section 74 proceedings and the subsequent levy of tax, interest, and penalties on the following grounds:
The Petitioner argued that Section 74 can only be invoked when there is specific evidence of fraud, wilful misstatement, or suppression of facts intended to evade tax. They contended that the authorities invoked Section 74 mechanically simply because the limitation period for Section 73 had elapsed.
The Petitioner held that they had voluntarily reversed the disputed Input Tax Credit (ITC) in their GSTR-3B returns for April 2023 and June 2024 to avoid litigation. Under Section 74(5), a person may pay the tax based on their own ascertainment before the service of a Show Cause Notice (SCN); since the tax was reversed prior to the SCN, the Petitioner argued the proceeding should have been dropped.
The Petitioner argued that interest under Section 50 is only chargeable on ITC that is both "wrongly availed and utilised". In the instant case, Electronic Credit Ledger (ECL) consistently maintained a balance higher than the disputed ITC amount, meaning the credit was never "utilised" to discharge output tax liability and therefore the interest was not payable.
The Petitioner contended that the Adjudicating Authority failed to exercise independent application of mind. The department had merely relied upon the DGGI Alert Notice without producing any independent evidence against the petitioner.   They argued there was no finding of fact regarding the Petitioner's actual complicity with the supplier's alleged non-existence at the time of the transactions.
The Petitioner noted the omission of Form GST DRC-01A (pre-SCN notice), which they claimed was a violation of the principles of natural justice. Further, demanding the tax again after it had already been reversed amounted to double taxation.
Brief Arguments by Respondent
The Revenue relied on the DGGI Alert Notice stating that the supplier (M/s. Auxesia Traders) was a non-existent and fictitious entity created solely to pass on fake ITC without any underlying supply of goods or services.
The Revenue argued that under Section 155, the burden of proving eligibility for ITC lies entirely on the person claiming it. They contended the Petitioner failed to take reasonable steps to ensure the genuineness of the supplier and deliberately availed inadmissible ITC to defraud the exchequer.
The Adjudicating Authority asserted that the Petitioner did not submit documents to prove that the ITC reversed in the GSTR-3B returns was the exact same credit related to the allegations. They further argued that under Rule 142, payments toward tax, interest, or penalties should be made via Form GST DRC-03, and therefore reversal through GSTR-3B was procedurally invalid and could not be taken into consideration.
The Revenue claimed that had the department not initiated an inquiry, the wrong availment would have remained unnoticed; thus, the extended period of limitation under Section 74 was justified.
The Revenue argued that the Petitioner wrongly approached the High Court directly via a writ petition where the alternate remedy was available as per GST Act.
Cases Relied Upon
Case Laws Citation
Cosmic Dye Chemical v. Collector of Central Excise (1995) 6 SCC 117
C.C., C.E. & S.T., Bangalore (Adjudication) v. Northern Operating Systems Pvt. Ltd. (2022) 18 SCR 901
Uniworth Textiles Ltd. v. Commissioner of Central Excise (2013) 9 SCC 753
Escorts Ltd. v. Commissioner of Central Excise (2015) 9 SCC 109
State of Karnataka v. Ecom Gill Coffee Trading Private Limited (2023) 2 SCR 647
Commissioner of Central Excise, Mumbai v. Fiat India Pvt. Ltd. (2012) 12 SCR 975
Findings and Judgement 
On Invocation of Section 74
The Court found that the entire proceeding was based on an Alert Notice issued by DGGI, Kolkata. The adjudicating authority failed to:
Conduct any independent inquiry; 
Examine whether the petitioner was involved in any fraud; 
Determine from which date the supplier became non-existent; 
Produce any evidence showing collusion between the petitioner and the supplier. 
The Court observed that the Order-in-Original merely reproduced allegations from the Alert Notice and did not contain any independent finding establishing fraud, suppression or wilful misstatement. The Court therefore held that the foundational requirements for invoking Section 74 were absent. 
Further, it was observed that the disputed transactions pertained to August 2017 to December 2017. The proceedings were initiated only in July 2024. Limitation under Section 73 had already expired. Therefore, the department attempted to invoke Section 74 after the limitation period under Section 73 had lapsed, despite absence of any material showing fraud or suppression. 
Furthermore, since the petitioner reversed the entire ITC immediately after receiving the departmental communication and before issuance of the Show Cause Notice which clearly demonstrated bona fides of the petitioner. Therefore, the department has wrongly invoked the extended period under Section 74.
On payment of Interest
The Court relied upon Section 50(3) read with Rule 88B and CBIC Circular dated 17.07.2023 which states that where sufficient balance exists in the Electronic Credit Ledger, reversal of wrongly availed ITC does not result in utilisation of such ITC. Therefore, interest is not payable. Therefore, no interest liability arises where the Electronic Credit Ledger never falls below the amount of the disputed ITC. 
On Imposition of Penalty
The Court found that since the ITC had already been reversed. Demand of the same amount and simultaneously penalty equal to the same amount would lead to double taxation and double penalisation for the same transaction. Accordingly, the penalty under Section 74 was held unsustainable.
Accordingly, the Court quashed the Order-in-Original dated 03.02.2025 passed allowed the writ petition. 
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