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PH MOTLANI & JATIN SEHGAL Supreme Court Judgements on GST Laws

From GSTJ
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Author :PH MOTLANI & JATIN SEHGAL

Publisher :GSTJ

SKU :GSJ6

Edition :2025-26

Format :Hardcover

HSN No :49011010

Country Region :India

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Description

Supreme Court Judgements on GST Laws

An Authoritative Digest of Landmark Decisions

This authoritative compendium presents a comprehensive and analytical compilation of landmark Supreme Court judgments on Goods and Services Tax (GST) laws in India. It serves as a definitive guide to understanding the evolving judicial landscape of GST, capturing the Court’s interpretation on crucial issues impacting taxpayers, administrators, and practitioners alike.

The book meticulously covers rulings on constitutional challenges, levy and collection, classification, input tax credit, refund claims, transitional provisions, place of supply, reverse charge, arrests, audits, and more. Each judgment is accompanied by a concise summary, headnote, issue-wise analysis, and practical implications, enabling readers to grasp the ratio and apply it with clarity.

Key Features:

  • Exhaustive coverage of Supreme Court rulings on GST from 2017 to 2025

  • Case-wise analysis with facts, legal issues, arguments, and final verdict

  • Critical commentary on how each decision has influenced GST practice and administration

  • Includes landmark judgments such as Mohit Minerals, Abbott Healthcare, Hero Motocorp, Canon India, and others

  • Cross-referencing with relevant sections of CGST, IGST, and SGST Acts

  • Valuable for tax professionals, legal practitioners, revenue officers, corporates, academicians, and law students

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Content

Part I – Introduction and Framework

  1. Introduction to GST and Judicial Interpretation

    • Role of the Supreme Court in Tax Jurisprudence

    • Scope and Authority under Article 141 of the Constitution

    • Legal Framework of GST: Constitutional Provisions, CGST Act, IGST Act

  2. Methodology of Case Analysis

    • Case Presentation Format: Facts, Issues, Observations, Ratio Decidendi, Implications

    • Cross-referencing with statutory provisions and circulars

    • Timeline of Landmark Judgments


Part II – Landmark Constitutional Rulings

  1. Mohit Minerals Pvt. Ltd. v. Union of India (2022)

    • IGST on Ocean Freight – Reverse Charge Mechanism

    • Extraterritorial taxation & double taxation concerns

    • Impact on composite supply and importers

  2. Union of India v. VKC Footsteps India Pvt. Ltd. (2021)

    • Refund of unutilized ITC on input services under inverted duty structure

    • Doctrine of reading down and tax policy discretion

  3. Skill Lotto Solutions Pvt. Ltd. v. Union of India (2020)

    • Taxability of lotteries under GST

    • Delegated legislation and economic policy

  4. Canon India Pvt. Ltd. v. Commissioner of Customs (2021) (Relevant for pre-GST, but cited in GST audit context)

    • Jurisdiction of DRI and proper officer – implications for GST investigations


Part III – Procedural and Substantive GST Issues

  1. Hero Motocorp Ltd. v. Union of India (2023)

    • Eligibility of input tax credit on promotional items

    • Interpretation of "in the course or furtherance of business"

  2. Abbott Healthcare Pvt. Ltd. v. State of Kerala (2022)

    • Composite supply v. mixed supply in healthcare services

    • Taxability of medical diagnostic kits supplied along with consultancy

  3. Torrent Power Ltd. v. State of Gujarat (2023)

    • Supply v. non-supply of electricity under license

    • Bundled supplies and exemptions

  4. State of Gujarat v. Reliance Industries Ltd. (2024)

    • Transitional credit disputes and the validity of Rule 117 time limits

    • Whether limitation can override vested rights


Part IV – Refunds, ITC & Transitional Provisions

  1. Filco Trade Centre Pvt. Ltd. v. Union of India (2022)

    • Transitional credit reopening window under Supreme Court directions

    • Judicial activism in regulatory correction

  2. Bharti Airtel Ltd. v. Union of India (2021)

    • Rectification of GSTR-3B and claiming ITC

    • Doctrine of legitimate expectation in tax compliance

  3. Sodexo Food Solutions India v. Union of India (2023)

    • Refund of accumulated ITC under Section 54

    • Interpretation of "subject to unjust enrichment"


Part V – Arrest, Enforcement, and Natural Justice

  1. P.V. Ramana Reddy v. Union of India (2019)

    • Power to arrest under Section 69

    • Whether prosecution can precede adjudication

  2. MakeMyTrip India Pvt. Ltd. v. Union of India (2024)

    • Search & seizure provisions – safeguards and misuse

    • Proportionality and personal liberty under Article 21

  3. Siddharth v. State of Uttar Pradesh (2021) (Cited in GST arrest jurisprudence)

    • Arrest before filing of charge sheet – application in tax cases


Part VI – Miscellaneous and Sectoral Rulings

  1. Dharmendra M. Jani v. Union of India (2022)

    • Territorial nexus for taxing digital services

    • Place of supply rules challenged constitutionally

  2. Tata Motors Ltd. v. State of Maharashtra (2023)

    • Cross-utilization of credits across units

    • Tax neutrality and internal transfers

  3. E-commerce Operators and Section 9(5)

    • Judicial commentary on aggregator responsibilities

    • Tax collection at source and procedural mandates


Part VII – Practical and Analytical Tools

  1. Statutory Cross-Referencing Table

    • Mapping of judgments to relevant sections of the CGST/IGST/SGST Acts

  2. Subject-wise Case Law Digest

    • Classification, ITC, Valuation, Refund, Arrest, Transitional Credit, etc.

  3. Practice Notes and Professional Implications

    • How to cite these judgments in assessments, audits, and litigation

    • Summary charts and doctrinal developments

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PH MOTLANI & JATIN SEHGAL Supreme Court Judgements on GST Laws

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