Notice cannot be issued comparing particulars at which Assessee has sold its goods with that of prevalent market price

Last updated: 21 May 2025

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The Jharkhand High Court has ruled that GST authorities cannot issue notices under Section 61 of the CGST Act simply by comparing the price at which a business sold its goods to the prevailing market price. The court clarified that Section 61 is for scrutinising returns for discrepancies, not for price benchmarking. Unless transactions are proven to be fraudulent or sham, the difference between the sale price and market price alone is not grounds for initiating recovery proceedings.

Court :
Jharkhand High Court

Brief :
The Hon'ble Jharkhand High Court in the case of Sri Ram Stone Works v. State of Jharkhand, [W.P. (T) Nos. 5535/2024 dated May 09, 2025] quashed GST notices issued under Section 61 of the Central Goods and Services Tax Act, 2017 ("the CGST Act")/Jharkhand Goods and Services Tax Act, 2017 ("the JGST Act"), on the ground that the department had exceeded its jurisdiction by comparing the transaction value declared in returns with prevalent market prices, rather than pointing out discrepancies in the returns. The Court reaffirmed that Section 61 of the CGST Act/ the JGST Act is meant for scrutiny of returns, and not for price benchmarking or value substitution unless transactions are proven to be sham.

Citation :
W.P. (T) Nos. 5535/2024 dated May 09, 2025]

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