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Dr. Sanjiv Agarwal CA Dr Neha Somani Supreme Court Judgements on GST

From Commercial Law Publishers
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Author :Dr. Sanjiv Agarwal CA Dr Neha Somani

Publisher :Commercial Law Publishers

ISBN No :978-9349957923

SKU :CLA391

Edition :3rd Edition 2025

Pages :1736

Format :Paperback

HSN No :49011010

Country Region :India

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Description

The Supreme Court Judgments on GST is a comprehensive compilation of landmark rulings delivered by the Hon’ble Supreme Court of India on various aspects of the Goods and Services Tax regime. This collection serves as an essential reference for tax professionals, legal practitioners, academicians, policymakers, and businesses navigating the complexities of India’s indirect tax framework.

Since the implementation of GST on 1st July 2017, the Supreme Court has delivered several path-breaking judgments interpreting key provisions of the CGST Act, IGST Act, and SGST laws. These rulings have clarified contentious issues such as:

  • Constitutional validity of GST laws

  • Scope of taxability and classification of goods/services

  • Input Tax Credit (ITC) eligibility and denial

  • Transitional credit disputes under Section 140

  • Arrest, summons, and bail in GST-related offences

  • Jurisdictional challenges and procedural compliance

  • Powers of GST authorities under Section 69, 70, and 132

  • Anti-profiteering provisions and retrospective amendments

  • Interplay between GST and other constitutional provisions (e.g., Article 246A, Article 279A)

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Content

???? Chapter 1: Introduction to GST Framework

  • Evolution of GST in India

  • Constitutional Provisions: Article 246A, 279A

  • Overview of GST Council & its powers

  • Role of Supreme Court in tax jurisprudence


???? Chapter 2: Constitutionality of GST Law

  • Union of India v. Mohit Minerals Pvt. Ltd. (2022) – GST on ocean freight

  • Jindal Stainless Ltd. v. State of Haryana – Interpretation of taxing powers under Article 246A

  • Skill Lotto Solutions Pvt. Ltd. v. Union of India – Constitutionality of taxing lotteries


???? Chapter 3: Taxability & Classification Disputes

  • Westinghouse Saxby Farmer v. Commissioner – Composite vs mixed supply

  • Canon India Pvt. Ltd. v. Commissioner – Proper officer jurisdiction

  • Northern Operating Systems Pvt. Ltd. v. CCE – Import of manpower services


???? Chapter 4: Input Tax Credit (ITC) Eligibility

  • Safari Retreats Pvt. Ltd. v. Chief Commissioner – ITC on construction of commercial properties

  • TVL. Transtonnelstroy Afcons Joint Venture v. Union of India – Denial of transitional credit

  • VKC Footsteps India Pvt. Ltd. v. Union of India – Refund of unutilized ITC under inverted duty


???? Chapter 5: Transitional Provisions & Legacy Issues

  • Filco Trade Centre Pvt. Ltd. v. Union of India – TRAN-1 and reopening window for transitional credit

  • Brand Equity Treaties Ltd. v. Union of India – Vested right of credit and limitation period


???? Chapter 6: Procedural & Administrative Law Challenges

  • P. R. Mani Electronics v. Union of India – Time limit to avail ITC

  • M/s Radha Krishan Industries v. State of Himachal Pradesh – Show cause notice and principles of natural justice

  • Siddharth v. State of U.P. – Arrest powers and procedural safeguards under Section 132


???? Chapter 7: Anti-Profiteering & Pricing Disputes

  • Abbott Healthcare Pvt. Ltd. v. Director General of Anti-Profiteering

  • Scope and validity of anti-profiteering provisions

  • Judicial review of pricing mechanisms and methodology


???? Chapter 8: Power of Arrest, Search, and Summon

  • Union of India v. Sapna Jain – Guidelines on arrest under Section 69

  • MakeMyTrip v. Union of India – Use of summons under Section 70

  • P.V. Ramana Reddy v. Union of India – Arrest without FIR under GST


???? Chapter 9: GST Council – Role & Recommendations

  • Union of India v. Mohit Minerals Pvt. Ltd. – Observations on GST Council being recommendatory

  • Implications on Centre-State fiscal federalism


???? Chapter 10: Jurisdictional and Delegation Disputes

  • Canon India Pvt. Ltd. v. Commissioner – “Proper officer” debate under customs/GST

  • Bharti Airtel Ltd. v. Union of India – Rectification of GSTR-3B returns

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Dr. Sanjiv Agarwal CA Dr Neha Somani Supreme Court Judgements on GST

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