Goods and Services Tax

GST Registration Cancellation Order Quashed: Lack of Mandatory Reasoning Violates Administrative Law and Constitutional Rights
Case-Laws
GST
HC quashed the GST registration cancellation order dated 06.04.2021 issued by Asst Commissioner. The order lacked mandatory reasoning for cancellation, violating fundamental principles of administrative law and Art 14 of Constitution. Though petitioner's appeal was dismissed for limitation under s.107(4) UPGST Act, doctrine of merger was found inapplicable. Court emphasized that reasons constitute the essence of judicial and administrative orders, without which such orders cannot be legally sustained. The registration cancellation, being a severe action, required clear justification. The impugned order was set aside for lack of application of mind and absence of reasoning.
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Electronic Service of Notices Under Central Excise Act Valid Through CGST Act Sections 142(8)(a) and 169(1)(c)
Case-Laws
GST
HC held that electronic service of notices under Central Excise Act 1944 is permissible through application of CGST Act provisions. Reading Sections 142(8)(a) and 169(1)(c) of CGST Act together enables electronic service modes for existing laws including 1944 Act, despite Section 37C being silent on email service. Court rejected petitioner's argument against electronic notice validity and distinguished prior CESTAT precedent as inapplicable. Directed petitioner to pursue statutory appeal remedy with delay condonation application, excluding court proceedings duration from limitation period. Time spent before court would not count towards appeal limitation. Petition disposed of with directions to appellate authority to consider appeal per law.
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Officer's CGST Act Arrest Invalidated After Driver Signs Memo Instead of Family Member, Violating D.K. Basu Guidelines
Case-Laws
GST
HC invalidated an arrest under CGST Act 2017 due to procedural violations. While proper documentation including arrest memo, medical records and grounds for arrest were maintained, the arrest memo was improperly attested by a driver rather than a family member or local resident as required by official instructions and D.K. Basu guidelines. The arresting officer provided no explanation for this non-compliance. The court determined this was not a mere irregularity but a substantive violation that vitiated the entire arrest. Given the illegal nature of the arrest, the court granted bail to the petitioner.
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GST Registration Cancelled Under Section 29(2)(e) After Business Failed to Prove Actual Premises Occupancy
Case-Laws
GST
HC upheld cancellation of petitioner's registration under Section 29(2)(e) due to fraudulent misrepresentation of business premises. Despite presenting electricity bills and leave/license agreement, petitioner failed to substantiate actual occupancy through proof of license fee payments or utility charges. Petitioner's inaction in responding to show cause notice, non-appearance before appellate authority, and failure to challenge Bureau of Investigation's spot visit findings proved detrimental. Court found proper officer's inference plausible based on available evidence. The registration cancellation order was deemed neither perverse nor unsupported by evidence, leading to dismissal of writ petition challenging the cancellation order.
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Input Tax Credit Order Under Section 16(4) CGST Act Set Aside Due To Procedural Non-Compliance And Lack Of Fair Hearing
Case-Laws
GST
HC set aside respondent's order concerning input tax credit under Section 16(4) of CGST Act, 2017. The matter was remanded back to respondent No.7 for fresh consideration in accordance with amended Section 16 provisions. The authority must provide petitioner opportunity for hearing and issue new determination within two months from certified order copy production. Court's intervention focused on procedural compliance and fair hearing requirements under GST framework, particularly regarding time extension for passing orders under Section 73 and proper adjudication of input tax credit claims.
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GST Appeal Delay of 142 Days Condoned After Late Physical Service of Notice Despite Portal Upload
Case-Laws
GST
HC condoned 142-day delay in filing GST appeal where appellant demonstrated reasonable cause due to belated service of demand notice. While notice was uploaded on GST portal, physical copy was only served on 16.04.2024. Court determined delayed physical service constituted sufficient grounds for condonation, setting aside appellate authority's original order rejecting appeal. Delay condoned under principles of reasonable cause and procedural fairness, acknowledging distinction between portal upload and actual service of notice. Original appellate order vacated, allowing appellant to proceed with substantive appeal on merits.
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Taxpayers Can Claim GST Input Tax Credit for 2017-21 if GSTR-3B Filed by November 2021 Under Section 16(5)
Case-Laws
GST
HC allowed petition regarding Input Tax Credit (ITC) claims under GST regime. Following precedent in Sri Ganapathi Pandi Industries case, court held that retrospective amendment to Section 16 of CGST Act by insertion of sub-section (5) enables taxpayers to claim ITC for FYs 2017-18 to 2020-21 if GSTR-3B returns were filed by November 30, 2021. Department's order dated February 26, 2021 denying ITC based on Section 16(4) limitation was quashed. Court restrained authorities from initiating proceedings against petitioner on limitation grounds, recognizing extended timeline under Section 16(5). Decision affirms legislative intent to provide relief through retrospective amendment effective from July 1, 2017.
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Technical Error in Auto-Populated Shipping Address on E-Way Bill Cannot Justify GST Seizure or Penalty
Case-Laws
GST
HC held that a technical error in shipping address on an auto-populated e-way bill cannot justify seizure or penalty under GST law. The e-way bill, valid from 14.12.2022 to 16.12.2022, was not cancelled within its validity period, indicating the transaction's legitimacy. The primary purpose of e-way bills is to track goods movement and ensure proper tax assessment. Since the petitioner's e-way bill remained active throughout its validity period, the authenticity of the transaction cannot be questioned. The court emphasized that mere technical discrepancies in shipping details do not warrant punitive action when the fundamental purpose of goods movement tracking is fulfilled. Petition allowed, proceedings against petitioner invalidated.
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Appellate Authority Under GST Can Condone Delay Beyond One Month Under Section 5 Of Limitation Act 1963
Case-Laws
GST
HC held that Appellate Authority under West Bengal GST Act 2017 has power to condone delay beyond one month of prescribed appeal period. While appeal was dismissed for being time-barred, petitioner could invoke Section 5 of Limitation Act 1963 for delay condonation. Following precedent in S.K. Chakraborty matter, Court found Appellate Authority should have considered explanation provided in delay condonation application. Given sufficient cause shown by petitioner and to avoid futile remand proceedings, HC accepted the delay explanation and disposed of petition, allowing appeal to proceed on merits.
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Assessment Order on Security Wages Treatment Set Aside Due to Lack of Specific Notice and Natural Justice Violation
Case-Laws
GST
HC partially set aside assessment order concerning disputed “Security Wages” treatment, finding procedural deficiency as this issue was not specifically mentioned in show cause notice which only referenced “Administration Expenses.” Court determined petitioner was denied natural justice by not receiving opportunity for personal hearing on security wages matter. Order remanded to respondent for fresh consideration specifically regarding security wages component. While granting liberty to file appeal on remaining assessment issues, HC cautioned against piecemeal appeals. Original assessment dated 30.08.2024 remains valid on all other aspects pending potential comprehensive appeal by petitioner.
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Government Entity Must Pay Differential GST Amount After Rate Increase from 12% to 18% Following Apex Structure Precedent
Case-Laws
GST
The HC addressed the dispute regarding differential GST liability payment. Following precedent established in M/s Apex Structure case, the court affirmed that GST rate enhancement from 12% to 18% was lawfully applicable and payable by the government entity (respondent). The ruling upheld the state GST department's position on increased tax rate applicability. The decision reinforces the binding nature of revised GST rates on government entities and their obligation to remit the differential amount. The court's determination aligns with established GST jurisprudence regarding rate revisions and statutory compliance requirements for public sector undertakings. Petition disposed of with clear directive on GST differential payment obligation.
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Trump threatening existence of GST; will his 'good friend in New Delhi' stand up: Cong
GST
Dated:- 19-2-2025
PTI
New Delhi, Feb 19 (PTI) The Congress on Wednesday claimed that the talk of reciprocal tariffs by US President Donald Trump is calling into question a consumption tax like GST, and wondered whether his “good friend in New Delhi” would stand up to it when national sovereignty is at stake.
Congress general secretary in-charge communications Jairam Ramesh said his party has long been calling for a GST 2.0 that will make GST a truly Good and Simple Tax, as it was intended to be.
It has called for the barest minimum of rates and vastly reformed compliance rules, he said in a post on X.
“Now President Trump is threatening

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GST Recovery Order Stayed: Petitioner Must Pay 10% Tax Under Section 107(6) For Extended Protection
Case-Laws
GST
HC granted interim stay on appellate GST demand order for two weeks, considering absence of constituted Appellate Tribunal and prima facie case established by petitioner. Stay extension contingent on petitioner paying 10% of disputed tax balance within two weeks, in addition to deposits under Sec 107(6). Extended stay would remain effective until writ petition disposal or further orders. Court directed filing of affidavit-in-opposition within six weeks with one week for reply. Matter pertains to recovery guidelines under Finance Ministry Circular concerning outstanding dues post first appeal disposal.
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Show Cause Notice under Section 73 CGST Act quashed for failing to address assessee's explanations on GSTR-9 and GSTR-1 mismatch
Case-Laws
GST
HC held that the SCN issued under Section 73 of CGST Act was procedurally deficient as it failed to adequately address the assessee's reply to the final audit report regarding GSTR-9 and GSTR-1 mismatch. The Court emphasized that a valid SCN must specifically detail the authority's prima facie findings and reasoning for rejecting the assessee's explanations. Since the adjudicating authority merely acknowledged but did not analyze the assessee's submissions, the notice was deemed vague and prejudicial to the assessee's right of defense. Matter remanded for issuance of fresh SCN with proper reasoning addressing the assessee's October 21, 2024 reply and supporting documentation.
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GST Registration Cancellation Invalid: Show Cause Notice Lacked Authority Details and Proper Reasoning Under Section 29
Case-Laws
GST
HC held that cancellation of petitioner's GST registration was invalid due to procedural defects and non-application of mind. The initial SCN lacked essential details including name, designation, and signature of the issuing authority. The rejection of revocation application was mechanical, without proper reasoning. Court emphasized that GST registration cancellation, being a drastic measure affecting business operations, requires thorough consideration and cogent reasons. The SCN, cancellation order, and revocation rejection order were set aside as unsustainable. Court restored petitioner's GST registration, noting that such cancellations cannot be executed in a casual manner and must follow principles of natural justice.
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GST Appeal Filed After 7 Months Dismissed: Section 107(4) Limits Delay Condonation to 30 Days Only
Case-Laws
GST
HC affirmed dismissal of GST appeal filed after 7-month delay. Section 107(4) of GST Act explicitly limits appellate authority's power to condone delay to 30 days only. The Act being a complete code, provisions of Limitation Act Section 5 are inapplicable. Petitioner failed to demonstrate any legal basis for condonation beyond the statutory 30-day period. Since appeal exceeded permissible delay by over 3 months and appellate authority lacked jurisdiction to condone extended delays, dismissal of appeal on grounds of limitation was legally sound. Petition challenging the dismissal rejected.
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GST Registration Cancellation Cannot Be Retrospective Without Prior Notice and Proper Reasoning in Show Cause Notice
Case-Laws
GST
HC invalidated retrospective GST registration cancellation due to procedural deficiencies in the show cause notice (SCN). The notice failed to indicate any intention of retrospective cancellation or provide supporting reasons, violating principles of natural justice. The Court determined that the absence of prior notice regarding retrospective action and lack of justification rendered the cancellation order legally unsustainable. Consequently, the Court modified the cancellation to take effect prospectively from the SCN date (28 March 2023) rather than retrospectively. The ruling emphasizes the requirement for proper disclosure and reasoning in administrative orders affecting taxpayer rights under GST framework.
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Tax Assessment Orders Invalidated Due to Authority's Failure to Consider Complete Financial Records and Natural Justice Violations
Case-Laws
GST
HC set aside assessment orders due to procedural deficiencies in tax evaluation. Authority failed to consider complete financial details, particularly regarding tax payments on scrap sales and battery sales, violating natural justice principles. Petitioner presented detailed break-up of tax payments for the first time before HC, which was not previously examined during assessment. Court determined petitioner deserved opportunity to present case with new materials. Matter remanded to original authority for fresh consideration, ensuring proper evaluation of all financial documentation and compliance with procedural fairness requirements.
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Tailing Dam for Mining Waste Storage Not Eligible for Input Tax Credit Under Section 17(5)(c)(d)
Case-Laws
GST
AAR ruled ITC unavailable for goods and services used in increasing height of Tailing Dam for mining waste disposal. The dam, classified as immovable property and civil structure stretching several kilometers on natural foundation, does not qualify as “plant and machinery” under CGST Act Section 17(5)(c) and (d). The dam, serving merely as storage for mining waste, does not directly contribute to mineral extraction or processing. Being constructed on taxpayer's own account for business operations setting, it falls within ITC restriction. The structure's passive storage function, without impact on mineral quality or quantity, prevents it from being considered essential to core business activities, thus disqualifying ITC claims.
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Member Services by Clubs Now Taxable Under GST: Section 7(1)(aa) Makes Club-Member Transactions Supply from July 2017
Case-Laws
GST
Services provided by clubs to members are subject to GST following the retrospective amendment via Finance Act 2021, which inserted Section 7(1)(aa) into CGST Act effective July 1, 2017. This amendment explicitly includes transactions between clubs/associations and their members within the scope of taxable supply, overriding the principle of mutuality established in WB v. Calcutta Club Ltd. The amendment deems clubs and their members as distinct persons, nullifying the previous SC ruling's applicability. The deletion of Para 7 from Schedule II and addition of an explanation clause gives this amendment precedence over any contrary judicial interpretations. Consequently, all club services to members are GST-liable from July 2017 onwards.
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Hand-held Vehicle Battery Replacement Multitools with Voltage Indicators Classified Under Chapter Heading 8204 for GST
Case-Laws
GST
The AAR ruled on classification of hand-held multitools designed for battery replacement in vehicles. The tools primarily consist of integrated spanners with additional components like screwdrivers, hex keys, and battery voltage indicators showing charge levels (25%, 50%, 75%, 100%). While the tools incorporate electrical components (battery indicators) under Chapter 85, their primary function remains mechanical battery replacement. The Authority determined that since spanners constitute the major component, the multitools should be classified under Chapter Heading 8204 despite having integrated electrical features. The additional battery indicator functionality does not alter the tool's core purpose. Consequently, these multitools attract GST at 18% rate under Chapter Heading 8204.
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Transport Vehicle Rental Services Without Consignment Notes Not Exempt Under Entry 18 Notification 12/2017-CT(Rate)
Case-Laws
GST
AAR ruled that transportation services provided by subcontractor X to principal GTA are not exempt under Entry 18 of Notification 12/2017-CT(Rate). Since X does not issue consignment notes, a key requirement to qualify as GTA, their services constitute vehicle rental rather than goods transportation. The principal GTA maintains the direct transportation contract with consignors/consignees and issues consignment notes, while X merely provides vehicles. The services fall under Notification 11/2017-CT(Rate) as transport vehicle rental services and are therefore taxable. The exemption sought was denied as X's activities fall outside the scope of transportation services by a GTA.
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Punjab's GST base expands with targeted drives; over 79k taxpayers added in 2 years
GST
Dated:- 18-2-2025
PTI
Chandigarh, Feb 18 (PTI) Punjab's Finance Minister Harpal Singh Cheema on Tuesday said that the Excise and Taxation Department has carried out targeted GST registration drives to broaden the collection base, resulting in the addition of 46,338 new taxpayers in 2023-24 and another 33,000 in this fiscal till December 2024.
“A state-wide campaign has also been launched to educate taxpayers on filing procedures, ITC claims, and compliance benefits,” he said in an official statement here.
Cheema said that the state GST department initiated another GSTR registration drive in January 2025, visiting approximately 48,000 new

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06 consumers with Rs 2.45 crore for uploading their purchase bills on Mera Bill app.
“To increase tax revenue from registered dealers, the department has ensured proper GST filing and compliance, with 93 per cent of registered taxpayers consistently filing returns on time. The department has also penalised tax evaders, collaborated with IIT Hyderabad to integrate advanced data analytic tools, and implemented adjudication and scrutiny modules to prevent revenue leakages,” said the finance minister.
Cheema emphasised that expanding the GST tax base is crucial for improving revenue, reducing tax evasion, and ensuring a fair taxation system.
Meanwhile on Tuesday, Cheema inaugurated three crucial IT-based financial modules aimed at bolster

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Advisory for Biometric-Based Aadhaar Authentication and Document Verification for GST Registration Applicants of Jharkhand and Andaman and Nicobar Islands
GST
Dated:- 18-2-2025

Dear Taxpayers,
This is to inform taxpayers about recent developments concerning the application process for GST registration. It is advised to keep the following key points in mind during the registration process.
1.   Rule 8 of the CGST Rules, 2017 has been amended to provide that an applicant can be identified on the common portal, based on data analysis and risk parameters for Biometric-based Aadhaar Authentication and taking a photograph of the applicant along with the verification of the original copy of the documents uploaded with the

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bsp; If the applicant receives the link for OTP-based Aadhaar Authentication as mentioned in point 3(a), she/he can proceed with the application as per the existing process.
5.   However, if the applicant receives the link as mentioned in point 3(b), she/he will be required to book the appointment to visit the designated GSK, using the link provided in the e-mail.
6.   The feature of booking an appointment to visit a designated GSK is now available for the applicants of Jharkhand and Andaman and Nicobar Islands.
7.   After booking the appointment, the applicant gets the confirmation of appointment through e-mail (the appointment confirmation e-mail), she/he will be able to visit the designated GSK as pe

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Digital Signatures Missing on Tax Notice and Order Makes Proceedings Invalid – Fundamental Authentication Requirements Not Met
Case-Laws
GST
HC quashed an ex parte order and related tax notifications due to absence of digital or scanned signatures on both show cause notice (SCN) and final order. Following established precedent, the court affirmed that unsigned administrative notices and orders lack legal validity. The procedural defect of missing signatures rendered the proceedings unsustainable under law, regardless of substantive merits. The bench emphasized compliance with formal authentication requirements in administrative proceedings. Order set aside and petition disposed of, underscoring the fundamental requirement for proper authentication of official documents in tax administration.
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