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7 Vital Lessons from the Section 128A GST Waiver Madras High Court Ruling
The Madras High Court has ruled that Section 128A GST waiver cannot be denied merely because tax was paid under the wrong GST head if the entire tax liability has been discharged. Discover 7 key takeaways every GST taxpayer and business should know.
🔗 Read More: https://onlinegstregistration.co/blog/section-128a-gst-waiver-lessons
GST demand order remitted for reconsideration as High Court held proceedings were wrongly classified under Section 74 instead of Section 73, making the petitioner eligible for Amnesty Scheme benefits
Case Title: Shri Srinivasa Shetty v. The Commercial Tax Officer, Office of the Assistant Commissioner of Commercial Taxes, LGSTO-130, BengaluruCourt: High Court of Karnataka at BengaluruPetition No.: W.P. No. 7313 of 2025 (T-RES)Category of Dispute: GST Amnesty Scheme – Classification of proceedings under Section 73 vs. Section 74 – Refund/Relief EligibilityDate of Judgment: 19 March 2025Relevant…
Amnesty relief granted as GST demand under Section 74 was remitted for reconsideration under Section 73 to enable waiver of interest and penalty
Case Title: M/s Sree Balaji Packaging Industry vs Union of India & OrsCourt: High Court of Karnataka, BengaluruPetition No.: Writ Petition No. 6425 of 2025 (T-RES)Category: Amnesty Scheme – Waiver of Interest and Penalty – Reclassification under Section 73Date of Judgment: 28 March 2025Relevant Sections: Sections 73, 74, and 128A of the CGST Act, 2017; Section 146 of the Finance (No. 2) Act,…
GST demand order set aside and matter remanded to enable taxpayer to avail Amnesty Scheme benefits under Section 128A
Case Title: M/s. ADR Contractors vs Office of the Deputy Commissioner of Commercial Taxes & Anr.Court: High Court of Karnataka, BengaluruPetition No.: Writ Petition No. 8033 of 2025 (T-RES)Date of Judgment: 20 March 2025Category of Dispute: Amnesty Scheme / Reconsideration of Order under Section 73(9)Relevant Sections: Sections 73(1), 73(5), 73(9), and 128A of the CGST/KGST Act, 2017 Facts (Para…
Proper officer directed to decide pending pre-show cause notice under Section 73/74 and allow benefit under Section 128A where applicable
Case Title: Synthroma Laboratories v. The State of West Bengal & Ors.Court: Calcutta High Court (Constitutional Writ Jurisdiction, Appellate Side)Petition No.: WPA 4149 of 2025Category: Procedural direction on pre-show cause notice; applicability of Section 128A benefit under GSTDate of Judgment: 30 June 2025Relevant Sections: Sections 73(1), 74(1), 128A of the CGST/WBGST Act, 2017 Facts (Paras…
Writ petition withdrawn as petitioners opted for waiver of interest and penalty under newly inserted Section 128(A) after payment of tax dues
Case Details Case Title: Chamong Tee Exports Pvt. Ltd. & Anr. v. The Deputy Commissioner of State Tax & Ors. Court: Calcutta High Court Petition Number: WPA 11520 of 2024 Date of Judgment: 27 February 2025 Category of Dispute: Waiver of interest and penalty under amendment – Section 128(A) Relevant Sections: Sections 73, 107, 128(A) of the WBGST/CGST Act, 2017 Facts (Para 1–2) The…
