S&S
S & S Co.
Advocates & Solicitors
Bar Council of India — Notice

Important Disclaimer & Notice

As per the rules of the Bar Council of India, advocates are not permitted to solicit work or advertise in any manner. By proceeding, you acknowledge that you are seeking information relating to S & S Co. of your own accord and that there has been no solicitation, advertisement or inducement by S & S Co. or any of its members.

The content of this website is provided solely for informational purposes and should not be construed as legal advice. S & S Co. shall not be liable for any consequence of any action taken by the user relying on material provided herein.

Any information shared through this website does not create an attorney-client relationship. Transmission of information herein is not intended to constitute, nor does receipt thereof constitute, an attorney-client relationship.

The contents of this website are the intellectual property of S & S Co. No part constitutes legal advice. Readers are requested to seek formal legal counsel before acting upon any information contained herein.
About Practice Areas Locations Legal Updates Legal News Team Blog Contact Us
Tax Litigation · 7 September 2026

A GST Notice Cannot Be Issued to an Entity That No Longer Exists After Merger: Supreme Court Refuses to Revive ₹363 Crore Demand

Source: Originally reported by Bar and Bench, Business Standard and LiveLawBiz on and around 7–8 September 2026, covering the Supreme Court's dismissal of the Union of India's appeal against a Bombay High Court order. This article has been independently researched and rewritten in full by S&S Co. Advocates & Solicitors for informational purposes — it is not a reproduction of the original reports. Readers are encouraged to consult the original sources and the underlying orders directly.

A Bench of the Supreme Court comprising Justices J.B. Pardiwala and N. Vinod Chandran has dismissed a Special Leave Petition filed by the Union of India, declining to revive a ₹363 crore Goods and Services Tax demand raised against Vodafone Mobile Services Limited (VMSL) — a company that had already ceased to exist following its 2018 merger into Vodafone Idea Limited.

The demand traced back to VMSL's 2017 transfer of its telecom tower business to ATC Telecom Infrastructure Private Limited. In August 2024, the Directorate General of GST Intelligence issued a show-cause notice addressed to VMSL, demanding ₹363 crore in GST along with penalty in connection with that transaction. VMSL challenged the notice, arguing that it had ceased to have any independent legal existence after its 2018 amalgamation into Vodafone Idea Limited, and that a show-cause notice could not lawfully be issued to, or proceedings maintained against, a dissolved entity.

In April 2026, a Division Bench of the Bombay High Court comprising Justices G.S. Kulkarni and Aarti Sathe accepted this challenge and quashed the show-cause notice, holding that it had been issued without jurisdiction because it was addressed to an entity that no longer existed in the eyes of law. The Union of India appealed that ruling to the Supreme Court, which — on or around 7 September 2026 — dismissed the appeal, upholding the High Court's reasoning and effectively closing off the Centre's attempt to revive the demand against the merged entity.

Get In Touch

Have a Question About
Tax Litigation?

Tell us about your situation — we'll help you figure out the right next step.

Contact S&S Co. →

A full-service law firm headquartered in Noida, Delhi and Kolkata — commercial litigation, arbitration, corporate advisory and regulatory counsel across Delhi NCR, Kolkata and pan-India.

Practice

Commercial Litigation Arbitration All 14 Practice Areas

Locations

Noida All Locations

Firm

Team Legal Updates Legal News Blog Contact