Goods and Services Tax

Regular bail after charge-sheet filing granted where custody was no longer required in alleged GST input-tax-credit fraud.
Case-Laws
GST
Regular bail in an alleged fraudulent input tax credit offence under the CGST Act was granted after the charge sheet was filed. Continued pre-trial detention was considered unnecessary because the accused had remained in custody, no flight risk or criminal antecedents were shown, further custodial detention was not required, and the maximum punishment was five years. Bail was subject to stringent conditions requiring cooperation in the ongoing investigation and trial involving co-accused, attendance, and non-interference with proceedings.
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Prospective GST liability limits tax on taxi-stand land rentals, while allotment claims require a reasoned determination.
Case-Laws
GST
Goods and Services Tax on rental dues for land used as a Sumo Taxi Stand applies only from 08.07.2017, when the levy came into operation; payment for an earlier period cannot be compelled. The demand was consequently restricted to liability accruing from that date, with outstanding dues recoverable accordingly. The land-allotment claim was not determined on its merits and must be decided by the competent respondent through a reasoned speaking order in accordance with law within three months.
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E-way bill delivery-address compliance supports Section 129 penalties even where tax is paid and the address is later registered.
Case-Laws
GST
E-way bill delivery to an address not declared as the recipient's principal or additional place of business constitutes a contravention attracting penalty under Section 129, even where tax has been paid. The e-way bill tracking framework requires the declared delivery location to be a registered business address at the time of supply and interception. Subsequent registration of that location as an additional place of business does not cure the earlier contravention. The penalty order therefore remained undisturbed, while the supplier retained the option to seek recovery of the penalty from the recipient through appropriate remedies.
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Contractual GST allocation: Writ remedy upheld where acceptance terms required GST payment beyond quoted rates.
Case-Laws
GST
Writ jurisdiction may remain available for recovery of a GST component withheld from contractual dues where contractual performance, bills and the underlying transaction are undisputed, and the issue can be resolved from the acceptance letter and record. A term providing that GST is payable in addition to quoted rates binds the paying authorities and cannot be displaced by later calculations or correspondence. The contractor's independent payment of GST does not justify deduction from contractual consideration. Reconsideration of dues may defeat delay and laches objections, while GST and other authorities need not be joined where the dispute concerns the payment-processing authority's contractual liability. Release of the withheld GST component with interest was directed.
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Kerala Flood Cess refund limitation runs from correct remittance, treating claims filed within the statutory period as timely.
Case-Laws
GST
Relevant date for refund of Kerala Flood Cess mistakenly paid through GSTR-3B is the date of subsequent remittance into the correct account. Where the cess was initially paid with GSTR-3B and later deposited through the prescribed mechanism, the two-year refund limitation under Section 54 runs from the latter payment rather than the erroneous earlier payment. The refund application is therefore treated as timely, requiring the competent authority to reconsider it and issue orders within one month.
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Printing on customer-owned inputs qualifies under Heading 9988, while printer-supplied religious book printing attracts residual-rate GST.
Case-Laws
GST
Printing on paper and content owned by a GST-registered customer constitutes job work under Heading 9988; where the customer is unregistered, it is a service of treatment or processing of goods belonging to another person under the same heading. Concessional GST treatment applies only to specified printing and to qualifying goods under Chapters 48 or 49 that themselves attract the prescribed concessional or nil rate; other printing services fall under residual entries. Printing religious books using the printer's paper and consumables is a composite supply in which printing is the principal supply. It is classifiable as a printing service under Heading 9989, rather than as a supply of printed books, and attracts the residual GST rate.
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Project management services for government infrastructure remain taxable, and invoices must identify the administrative department as recipient.
Case-Laws
GST
Centage-based project management services for construction projects, including project reports, technical sanctions, tendering, supervision, monitoring and coordination, are classifiable as construction project management services under SAC 998339 and taxable at 18% GST. The pure-services exemption does not apply because State and coastal highways and tourism corridor roads were not established as roads or bridges within functions entrusted to Panchayats or Municipalities. The concerned Government Administrative Department is the recipient because it owns the projects, requisitions the services and assigns implementation. A funding agency that only disburses consideration, reviews and monitors does not become the recipient; invoices must be issued to the Administrative Department.
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NSQF-aligned vocational training qualifies for GST exemption when supplied by appropriately accredited bodies under approved qualification packages.
Case-Laws
GST
GST exemption applies from 10 October 2024 to NSQF-aligned vocational training supplied by a training body accredited with an Awarding Body recognised by NCVET, where NCVET has approved the relevant qualification package. Training in handheld-device repair and telecom-product assembly meeting those conditions falls within item (e)(iii) of Entry 69. Such structured, nationally recognised skill training is distinguished from generic commercial coaching and is classifiable as other education and training services not elsewhere classified under SAC 999294.
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Residual food-preparation classification places fermented Nata De Coco outside fruit-jelly categories, changing its GST treatment across notified periods.
Case-Laws
GST
Fermented Nata De Coco is classified under Tariff Item 21069099 as a food preparation not elsewhere specified or included, rather than under Chapter 20. Heading 2007 covers fruit jellies made by cooking or concentrating fruit juice or pulp with sugar, and a jelly-like appearance alone is insufficient. Microbial fermentation produces a distinct edible preparation, while Heading 2008 requires retention of the identity and essential character of an edible plant part. GST applies at 18% from 1 July 2017 to 21 September 2025 and at 5% from 22 September 2025.
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Contractual GST reimbursement depends on tax-risk allocation, while statutory compliance remains unaffected by any employer-payment adjustment.
Notes
GST
GST liability on works or composite supplies remains governed by the applicable statute, whereas reimbursement of an incremental GST burden depends on the contract's allocation of tax risk. An inclusive-tax clause must be read with any change-in-law, price-adjustment, tender or award provisions to determine whether the employer owes an adjustment; GST becoming payable alone does not establish reimbursement. Contract-wise reconciliation of pre- and post-GST work may determine a revised GST-inclusive value and support a supplementary agreement where adjustment is contractually justified. Such contractual relief operates only between contractor and employer and cannot permit revised returns contrary to statute or waive statutory limitation, interest or penalties.
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Successive GST writ petitions fail when an earlier challenge was withdrawn without liberty to refile the same adjudication dispute.
Case-Laws
GST
Withdrawal of a writ petition without liberty to file afresh abandons the Article 226 remedy for the same cause of action, although it does not create res judicata. Applying the public-policy principle underlying Order XXIII Rule 1 CPC to writ proceedings, the High Court treated a later GST challenge seeking substantially identical relief against the same adjudication order as non-maintainable. Altering the grounds did not create a fresh basis for relief. The unavailed statutory appellate remedy and unexplained delay in invoking writ jurisdiction further supported dismissal; pending interlocutory applications were disposed of.
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Acquiescence to a tax demand makes voluntarily admitted liability subject to consequential interest and penalty.
Case-Laws
GST
Voluntary payment of tax demanded under an unchallenged show-cause notice alleging fraudulent transactions amounts to acquiescence in the notice and admission of its allegations. Once tax is paid without objection to the invocation of section 74, no separate finding of fraud is required for consequential interest and penalty. Payment does not permit the taxpayer to later deny that liability, and the procedure does not breach section 74(5). The interest and penalty demand therefore remains enforceable.
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Pre-trial detention in CGST prosecutions remains non-punitive, supporting bail where investigation is complete and trial is delayed.
Case-Laws
GST
Pre-trial detention in CGST prosecutions is non-punitive and serves to secure the accused's attendance at trial, subject to the presumption of innocence and the right to a speedy trial. Bail may be appropriate where investigation is complete, a complaint has been filed, no criminal antecedents or risks of absconding, witness intimidation or evidence tampering are shown, and trial completion is unlikely within a reasonable time. Parity with co-accused already released on bail may also support release. Bail conditions should secure attendance and preserve trial integrity.
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E-way bill reuse allegations require cogent proof, not vehicle-movement suspicion, invalidating detention-based tax and penalties.
Case-Laws
GST
Alleged re-use of an e-way bill and intent to evade tax require cogent evidence; toll-plaza movement records, photographs, and suspicion cannot replace proof. Where accompanying invoices, e-invoices, and e-way bills show no discrepancy in the goods' description, quantity, value, or ownership, and no independent evidence proves an earlier completed journey or delivery, the contravention remains unproved. Failure to verify material showing that a prior trip carried different goods further undermines the allegation. Detention-based tax and penalty were set aside, with refund of deposited amounts in accordance with law.
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Coercive recovery during GST searches is restrained pending scrutiny, preserving normal business operations and requiring adherence to investigation guidelines.
Case-Laws
GST
Coercive recovery during an ongoing GST inspection or search, where payment is alleged to have been obtained through pressure, may be subject to interim safeguards. Normal business operations may continue pending further consideration, while tax authorities refrain from coercive steps to discharge the alleged liability. Investigation guidelines remain applicable throughout the inspection or search, providing the framework for conduct of the inquiry and protection against pressured payment pending notice.
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Excess GST realisation alone cannot establish apartment-sale profiteering where no GST rate reduction or input tax credit benefit exists.
Case-Laws
GST
Anti-profiteering under section 171 of the CGST Act requires a benefit arising from a GST rate reduction or additional input tax credit to be passed to recipients through a commensurate price reduction. For affordable apartments launched and booked after GST commenced, the agreed price already reflected applicable GST rates and no pre-GST CENVAT credit was available for comparison with post-GST input tax credit. Differential GST realisation from purchasers does not constitute a saving or profiteering benefit under section 171. A profiteering computation founded on alleged excess GST recovery was therefore rejected, as recovery of excess GST falls outside the Tribunal's jurisdiction; the excess amount was to be refunded in accordance with law.
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GST rate reduction on cinema tickets must reach consumers despite maximum-price caps; retrospective anti-profiteering penalties cannot apply.
Case-Laws
GST
GST rate reductions on cinema admission tickets must be passed to consumers through a commensurate price reduction, even where State rules prescribe maximum ticket prices. A maximum-price cap does not prevent lower pricing. Retaining cum-tax ticket prices while increasing the base price, without cogent justification and without challenging the computation, constituted failure to pass on the tax benefit; cost and market factors were immaterial. Where ticket recipients cannot be identified, the profiteered amount, with interest, is payable in equal shares to the Central and State Consumer Welfare Funds. An anti-profiteering penalty cannot be imposed retrospectively where the penalty provision entered into force after the investigated period.
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Commensurate GST price reduction for cinema tickets overrides base-price increases where suppliers cannot prove benefits reached viewers.
Case-Laws
GST
Section 171 of the CGST Act requires suppliers to pass any GST-rate reduction to recipients through a commensurate reduction in prices. For cinema admission tickets, increased base prices and general commercial pricing considerations do not displace that obligation. A supplier must provide cogent evidence that the tax benefit reached viewers; failure to challenge the DGAP methodology or substantiate price increases supports a finding of non-passing. Non-reduction of first- and second-class ticket prices after the rate cut constituted contravention, requiring deposit of the profiteered amount with interest in consumer welfare funds; no penalty was imposed.
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Anti-profiteering computation must reflect reversed unutilised tax credit, while later-enacted penalties cannot apply to earlier non-passing periods.
Case-Laws
GST
Anti-profiteering computation for construction services must account for GST input tax credit that remained unutilised and was subsequently reversed. The additional credit benefit attributable to eligible homebuyers requires a commensurate reduction in price and must be passed on, including applicable GST, with 18% interest from collection of the excess amount until repayment. Penalty for failure to pass on the benefit does not apply to the relevant period because the penalty provision came into force only after that period ended.
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Curative refund-formula amendments can support differential input-tax-credit refunds despite earlier claims and conflicting administrative circulars.
Case-Laws
GST
Curative and clarificatory amendment to the Rule 89(5) refund formula applies retrospectively to refund or rectification applications filed within the statutory period, including differential claims for pre-amendment periods under an inverted duty structure. An administrative circular treating the amendment as prospective cannot override the statutory refund entitlement. Supplementary refund claims are maintainable despite earlier adjudication of refunds for the same tax periods, provided the differential amount is otherwise admissible and claimed within the prescribed period. Eligible differential refunds remain subject to arithmetical verification.
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Unaccounted stock taxation displaces confiscation where assessment provisions apply, leaving no standalone basis to restore a fine.
Case-Laws
GST
Unaccounted bricks and coal found during survey are to be taxed by treating the goods as supplied and applying assessment provisions, rather than through confiscation proceedings and penalty for excess stock. Where the entire confiscation order, including penalty and fine in lieu of confiscation, has been quashed and that finding remains unchallenged, no separate basis survives to maintain or restore the fine. Revenue appeals limited to restoration of the fine were therefore dismissed.
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Monetary-limit policy requires departmental GST appeals below threshold to establish a specified exception before merits review.
Case-Laws
GST
Departmental GST appeals below the prescribed monetary limit require the Revenue to identify and establish a specified exception to the binding litigation-management policy. A bare assertion that the Commissioner approved an appeal does not establish a case-specific, reasoned exercise of residual discretion or satisfy conditions governing the right of appeal. Maintainability must be determined before tax merits. Without an established exception, an appeal below the threshold is not maintainable and the underlying tax merits are not examined.
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Mandatory detention penalty timelines invalidate delayed orders, requiring consequential relief and reversal of affirming appellate orders.
Case-Laws
GST
Mandatory seven-day period for passing a detention penalty order after service of notice under section 129(3) is binding because of the term “shall”. A penalty order issued after that period violates the statutory time limit and vitiates the detention penalty proceedings. Such an order is void from inception and a nullity; an appellate order affirming it must also be set aside, with consequential relief.
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COVID-19 limitation exclusion and destination-specific e-way bills govern revisional timelines and penalties for undocumented third-party plywood deliveries.
Case-Laws
GST
COVID-19 limitation exclusion applies to judicial, quasi-judicial and departmental proceedings, and must be excluded when calculating the period for exercising revisional powers where the statutory period overlaps that exclusion. For transport compliance, an e-way bill and tax invoice must cover the actual movement and destination of goods. Documents issued after detention do not cure the absence of destination-specific documentation at interception, particularly where no evidence supports a claimed technical glitch. Such undocumented third-party unloading may be treated as a wilful contravention intended to evade tax and may attract penalty under Section 129(1).
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Mandatory detention-penalty time limits invalidate delayed orders and require release of security in transit-document discrepancy proceedings.
Case-Laws
GST
Section 129(3) of the CGST/KGST Act imposes a mandatory seven-day period, measured from service of notice, for issuing a detention-penalty order concerning a transit-document discrepancy. The term “shall” requires strict compliance because the provision authorises coercive detention and seizure; the absence of an express consequence for delay does not make the limit directory. An order passed after the prescribed period is illegal and without jurisdiction, with consequential setting aside of the penalty and appellate orders and release of the bank guarantee.
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