Goods and Services Tax

E-commerce operators under Section 9(5) not required to reverse input tax credit proportionately on supplies
Circulars
GST – States
The CBIC clarified through Circular No. 240/34/2024-GST that electronic commerce operators liable to pay tax under Section 9(5) of CGST Act are not required to reverse input tax credit proportionately on inputs and input services for supplies made under Section 9(5). This extends the principle established in Circular No. 167/23/2021-GST for restaurant services to all services specified under Section 9(5). ECOs must pay the entire tax liability under Section 9(5) through electronic cash ledger only, without utilizing available ITC for such payments. However, ECOs may utilize ITC for discharging tax liability on their own service supplies. The Delhi State Tax Department adopted this clarification mutatis mutandis for uniform implementation under DGST Act, 2017.
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Gross GST collections double in 5 years to record Rs 22.08 lakh cr in FY25
GST
Dated:- 30-6-2025
PTI
New Delhi, Jun 30 (PTI) Gross GST collections doubled in five years to reach an all-time high of Rs 22.08 lakh crore in the 2024-25 fiscal year, from Rs 11.37 lakh crore in FY21, government data showed on Monday.
The gross goods and services tax (GST) collections touched its highest-ever level of Rs 22.08 lakh crore in 2024-25, registering a 9.4 per cent growth over the previous fiscal year.
The average monthly collection stood at Rs 1.84 lakh crore in FY25, up from Rs 1.68 lakh crore in FY24 and Rs 1.51 lakh crore in FY22.
In eight years, the number of registered taxpayers under GST has risen from 65 lakh in 2017 to over 1

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Writ petition allowed after finding summary show cause notice violated natural justice under Section 73 CGST Act 2017
Case-Laws
GST
HC disposed of writ petition by setting aside summary of show cause notice dated 20.05.2024 and summary of order dated 30.08.2024, finding violation of natural justice principles. Court held that summary documents were issued without proper SCN under Section 73(1) CGST Act, 2017 and without passing order under Section 73(9). No opportunity of hearing was provided before passing summary order. Following precedent in Construction Catalysers Pvt. Ltd., HC determined that summary documents do not dispense with requirement of proper SCN, statement and order as mandated under Section 73, which must be authenticated per Rule 26(3) of 2017 Rules. Petition disposed of favorably.
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Assessment order quashed for improper notice service via GST Portal only under Section 169
Case-Laws
GST
HC set aside assessment order for violation of natural justice principles regarding proper service of notice. Show cause notices and assessment order were served only through GST Portal upload under “Additional Notices and Orders” tab, without registered post or personal tender to petitioner. Despite petitioner's willingness to pay 25% disputed tax, Court found inadequate service as officer failed to explore alternative service modes under Section 169 GST Act when petitioner remained unresponsive to portal notices. Court held that merely uploading notices constitutes empty formalities rather than effective service, leading to ex parte assessment without personal hearing opportunity. Matter remanded to respondent for fresh consideration with proper service procedures. Petition allowed through remand order.
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Regular bail denied for Rs. 358 crores GST fraud involving fraudulent input tax credits and economic offences
Case-Laws
GST
DSC denied regular bail to the applicant charged with fraudulent availment and passing of ineligible input tax credits constituting economic offences. The court determined that economic offences affecting public interest require stringent approach given their impact on the country's financial health. With GST evasion totaling Rs. 358.77 crores and ongoing investigation, the court found substantial risk of evidence tampering, witness intimidation, and flight considering the applicant's influential position. The gravity of the large-scale fraud involving deep-rooted conspiracy and significant public fund losses warranted rejection of bail application to protect the investigation's integrity and public interest.
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Assessment order quashed for lack of proper notice violating natural justice principles only one valid order per period
Case-Laws
GST
The HC quashed an ex-parte assessment order dated 02.07.2024 passed without serving proper notice to the petitioner, finding it wholly without jurisdiction and a nullity due to violation of principles of natural justice. The court held that only one operative assessment order can subsist for the same assessment period. A subsequent assessment order dated 12.07.2024, passed after affording opportunity of personal hearing and considering material produced, was deemed valid and tenable. The court emphasized that decisions made after hearing are more authoritative than default decisions, and taxpayers must have opportunity to present their case. The writ petition was disposed of by quashing the ex-parte order while upholding the order passed on merits.
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Accused granted bail in GST fraud case involving fake firms and illegal input tax credit claims
Case-Laws
GST
DSC granted bail to accused charged with GST fraud involving creation of multiple fake firms and fictitious transactions to claim illegal input tax credit. Despite prosecution's allegations of complex fraud scheme, court found accused posed no flight risk as no summons were issued after protection withdrawal. Accused remained in custody for 57 days while complaint filing deadline approached. Court noted investigation relied primarily on documentary evidence with witness statements already recorded, indicating investigation completion. Citing precedent that continued custody served no purpose once complaint filed, DSC admitted accused to bail on furnishing Rs. 2,00,000 bond with family member surety and imposed conditions. Bail application allowed despite prosecution's flight risk concerns.
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Section 79 GST notice quashed for improper service to wrong branch instead of actual debtor
Case-Laws
GST
The HC quashed a notice issued under Section 79(1)(c) of the Central Goods and Services Tax Act, 2017 on procedural grounds. The notice was improperly addressed to the Branch Manager of the respondent-bank at Gurugram rather than to the petitioner directly. The petitioner contended that no bank account existed at Gurugram, with the relevant account being at Mulund Branch, and denied owing any amount to the defaulter allegedly liable for Rs. 30.19 crores GST dues. The HC held that Section 79 mandates service of notice upon the person from whom money is due to enable them to prove no liability exists. Since no notice was served upon the petitioner, the impugned notice dated 9 July 2024 was set aside and the petition was allowed.
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Anticipatory bail denied in GST evasion case due to non-cooperation with investigation and witness influence attempts
Case-Laws
GST
DSC dismissed the anticipatory bail application in a GST evasion case involving allegations of fraud and willful suppression of facts. Despite interim protection granted to the accused and SC stay on show cause notice proceedings, the court found the accused failed to demonstrate bona fides by not voluntarily approaching the investigating agency after multiple summons and non-bailable warrants were issued. The court noted the accused allegedly instructed employees to withhold information and manage witness statements, constituting impermissible conduct. The accused's failure to cooperate with the investigation and attempts to influence witnesses prevented meeting the requisite threshold for anticipatory bail relief under established legal standards.
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GST registration cancellation under Section 29(2)(c) can be restored despite time limits through compliance with Rule 22
Case-Laws
GST
HC disposed of writ petition challenging GST registration cancellation under Section 29(2)(c) for non-filing of returns exceeding six months. Court held that despite elapsed time limit for revocation application, petitioner may approach empowered officer within two months to seek restoration by furnishing all pending returns and making full payment of tax dues with applicable interest and late fees. Court relied on proviso to sub-rule (4) of Rule 22 CGST Rules 2017, which permits dropping proceedings upon compliance. Given serious civil consequences of cancellation, HC directed concerned authority to consider restoration upon petitioner's compliance with statutory requirements including complete return filing and payment obligations.
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Penalty under Section 129(3) GST Act quashed as mens rea required for imposition, not mere procedural lapses
Case-Laws
GST
HC set aside penalty imposed under Section 129(3) of the Goods and Services Tax Act, ruling that mens rea is sine qua non for penalty imposition. The petitioner generated e-way bill after detention, with tax already paid, demonstrating no intent to evade tax. Court held that authorities cannot presume tax evasion based solely on procedural lapses such as expired e-way bills, particularly when valid reasons exist. The judgment emphasized that penalty proceedings require proof of intentional tax evasion, not mere technical violations. Respondent authorities failed to establish requisite intent or provide adequate reasoning for penalty imposition. Petition allowed, impugned order quashed for lacking foundational grounds regarding evasion intent.
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GST registration cancellation quashed due to violation of natural justice and lack of reasoned order
Case-Laws
GST
The HC quashed the GST registration cancellation order and penalty imposed on the petitioner for non-filing of returns from April 2023 to February 2025. The court held that the administrative authority's rejection of the petitioner's delay condonation application violated principles of natural justice by failing to provide reasons or opportunity of hearing. Emphasizing that reasons constitute the heartbeat of every conclusion, the court ruled that orders without valid reasons are legally unsustainable and amount to denial of justice. The absence of reasoning renders administrative decisions arbitrary and subject to judicial review. The matter was remanded to the Appellate Authority with directions to conduct de-novo proceedings and pass a reasoned order after affording due hearing opportunity to the petitioner.
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GST refund applications allowed to be re-filed after portal failed to show deficiency notices under Section 54
Case-Laws
GST
The HC disposed of a writ petition seeking direction for processing GST refund applications filed in form GSTRFD 01 for multiple tax periods from February 2020 to March 2023. The court acknowledged that while proper officers identified deficiencies in the applications, these deficiencies were not reflected in the portal's view site, preventing the petitioner from being aware of them. Applying Section 54 of the WBGST/CGST Act 2017 and Rules 89-90 of the WBGST/CGST Rules 2017, the HC directed respondent authorities to address the portal issue with appropriate authorities. The court permitted the first petitioner to re-file refund applications for the specified periods, treating the deficiency memo as communicated on the judgment date, ensuring the petitioner would not suffer due to lack of awareness of deficiencies.
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Input tax credit denied for late return filing beyond Section 39 deadline despite pandemic conditions
Case-Laws
GST
HC dismissed the petitioner's claim for input tax credit despite non-filing of returns under Section 39 of WBGST/CGST Act, 2017 within prescribed time limits. Although Covid-19 pandemic prevailed during 2020-21 and Supreme Court extended limitation periods for appeals and proceedings, the legislature deliberately chose not to extend the return filing deadline under Section 39 beyond November 30, 2021, evidenced by subsequent insertion of Section 16(5). Court held that since constitutional validity of the provision was unchallenged and legislature was conscious of pandemic situation yet maintained the deadline, petitioner's contention for benefit of input tax credit could not be accepted. Petition dismissed for failure to comply with statutory filing requirements.
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Impugned order set aside, matter remitted for fresh reconsideration under Section 168A and 73 of CGST/KGST Act 2017
Case-Laws
GST
The HC set aside the impugned order and remitted the matter to respondent No.5 for fresh reconsideration following subsequent developments where proceedings against the petitioner were dropped for tax period 2020-21. The court found the impugned notifications dated 28.12.2023 and 29.12.2023 required examination regarding their validity under Section 168A read with Section 73 of CGST/KGST Act, 2017, and applicability of Circular No. 219/13/2024-GST. The petition was allowed by way of remand, directing respondent No.5 to reconsider the matter afresh within stipulated timeframe in accordance with law, bearing in mind the Form GST DRC-05 order dated 28.02.2025.
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Appellate authority wrongly rejected CGST appeal as time-barred when system malfunction prevented timely filing under Section 107
Case-Laws
GST
HC quashed the appellate authority's order rejecting petitioner's appeal as time-barred under CGST Act. Petitioner attempted filing appeal within statutory period under Section 107 but was prevented by system malfunction that rejected appeals where demanded tax was already paid. Despite petitioner's protest payment and timely filing attempt, authorities failed to address technical impediment. Court held denial of statutory remedy was attributable solely to respondents' defective system, not petitioner's conduct. Appellate authority erred in mechanically applying time limitation without considering circumstances preventing timely submission. HC directed restoration of appeal and consideration on merits, treating it as timely filed, recognizing petitioner's right to appeal remains despite tax payment under protest.
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Investigation proceedings for fake input tax credit cannot be quashed despite alleged procedural deficiencies in GST cases
Case-Laws
GST
The HC dismissed petitioners' challenge to investigation proceedings concerning large-scale tax evasion through fraudulent input tax credit under HPGST/CGST Act. The court held that Cr.P.C provisions apply to GST Act proceedings absent contrary provisions, citing Radhika Agarwal v. Union of India. Petitioners' contention that investigation was improper because officials failed to contact Delhi GST authorities was rejected. The court found that discovering non-existent entities at invoice addresses sufficiently established prima facie case of fake invoices. Following Mukesh Singh precedent, the court ruled investigation validity is not vitiated merely because departmental officials conducted it. The HC emphasized that while exercising inherent power, courts examine prima facie cases without evaluating evidence creditworthiness, which remains trial court's domain. Consequently, the complaint could not be quashed based on alleged investigative deficiencies.
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GST refund claim allowed despite missing Foreign Inward Remittance Certificate when Chartered Accountant certificate provided
Case-Laws
GST
HC allowed the petition challenging rejection of GST refund claim for unutilized input tax credit. Petitioner sought refund but authorities rejected the claim for non-submission of Foreign Inward Remittance Certificate as mandated by CBIC Circular. Petitioner submitted Chartered Accountant certificate evidencing receipt of convertible foreign exchange for exported services, citing technical inability to access Form GST RFD-08 on portal. HC relied on Supreme Court precedent in Union of India v Mangal Textile Mills holding CA certificates constitute authentic documents requiring consideration by authorities. Court directed respondent-authorities to process refund application without insisting on FIRC requirement, accepting CA certificate as sufficient proof of foreign exchange realization. Impugned order quashed and set aside.
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Petitioner entitled to Rs. 3,90,762 VAT refund despite not transitioning credit to GST under Section 174(2)(c)
Case-Laws
GST
HC held that petitioner was entitled to refund of Rs. 3,90,762 representing unadjusted unutilized input tax credit under VAT Act despite not carrying forward such credit under GST regime. Court found that Section 174(2)(c) of GST Act preserved rights acquired under repealed VAT Act. Since mandatory assessment period under Section 34(2) of VAT Act had expired and petitioner proved compliance with disposal requirements under Section 11(3) read with Rule 15(6) of VAT Rules, respondent authority was directed to process refund within twelve weeks. Petition allowed, establishing that failure to transition credit to GST regime does not extinguish entitlement to VAT refund where statutory conditions are satisfied.
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Vehicle confiscation order quashed under Section 130 for invalid WhatsApp notice service violating statutory requirements
Case-Laws
GST
HC quashed confiscation order under Section 130 of the Act of 2017 for procedural non-compliance. Petitioner's vehicle was detained and confiscated without proper notice as mandated by statute. Respondents served notice via WhatsApp, which constituted invalid service under Section 169, as such practice was only permitted during COVID-19 pandemic. Court found serious procedural lacuna in confiscation proceedings, noting that valid notice to interested parties and owners is jurisdictional requirement. Following precedent from Gujarat HC Division Bench in Lakshay Logistics case, proceedings were deemed without jurisdiction due to non-service of statutory notice. Matter remanded to competent authority for fresh consideration with proper procedural compliance. Appeal allowed by way of remand.
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HC sets aside GST summary notices for violating natural justice under Section 73 CGST Act
Case-Laws
GST
The HC disposed of the writ petition by setting aside the summary of show cause notice dated 08.05.2024 and summary of order dated 30.08.2024 for violating principles of natural justice. The respondent authorities issued summaries without proper SCN under Section 73(1) of CGST Act, 2017 and without passing orders under Section 73(9). Following the precedent established in Construction Catalysers Pvt. Ltd., the court found similar procedural violations where authorities incorrectly assumed that attaching tax determination to summary SCN constituted valid notice. The court granted liberty to respondent authorities to initiate de novo proceedings under Section 73 if deemed appropriate for the relevant financial year, ensuring proper procedural compliance while addressing the underlying tax issues.
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CBIC clarifies jurisdictional authorities for review, revision and appeals of Common Adjudicating Authority orders under Sections 107-108
Circulars
GST
CBIC issued Circular No. 250/07/2025-GST clarifying jurisdictional authorities for review, revision, and appeals regarding orders passed by Common Adjudicating Authority (CAA) on DGGI show cause notices. Under CGST Act Sections 107-108, the Principal Commissioner or Commissioner under whom CAA is posted serves as reviewing and revisional authority. Appeals lie before Commissioner (Appeals) within corresponding territorial jurisdiction per notification 02/2017. The same Principal Commissioner/Commissioner represents department in appeal proceedings and may appoint subordinate officers for filing departmental appeals. Reviewing/revisional authorities may seek DGGI comments before deciding on CAA orders, ensuring uniform procedural compliance across all adjudication matters.
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Ex-parte GST assessment challenged; stay of recovery granted on ten percent pre-deposit until Tribunals constituted
Case-Laws
GST
The HC disposed of a writ application challenging an ex-parte assessment order for violation of natural justice principles covering the period 01.10.2018 to 31.03.2019. Following precedent established in a coordinate bench decision, the court directed that upon payment of ten percent of the disputed tax amount, the petitioner would be entitled to stay of recovery until GST Tribunals are constituted and an appeal is filed within the prescribed timeframe. Both parties agreed that the substantive issues could be agitated before the Tribunal once established. The court noted that while pre-deposit requirements had been reduced to ten percent, this reduction was only effective from 01.11.2024, and GST Tribunals remained unconstituted with no possibility of filing appeals before that date. The application was disposed of accordingly.
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Petition to quash CGST Section 132(6) proceedings for fraudulent ITC availment dismissed due to prima facie evidence
Case-Laws
GST
The HC dismissed the petitioner's criminal petition seeking to quash proceedings under Section 132(6) of the CGST Act, 2017 for fraudulent ITC availment. The court found that statements on record revealed the petitioner actively managed GST filings and invoice generation for multiple entities, including bogus invoices without actual goods movement, establishing prima facie involvement in the fraudulent scheme. The challenge to summons validity failed as the cited instruction was issued after the summons in question, precluding retrospective application. The court held that adjudication based solely on investigating officer statements and existing departmental penalty were matters for trial determination. Applying Section 482 Cr.P.C. principles, the HC declined premature interference given incomplete contested facts requiring full examination before the trial court.
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Writ petition dismissed as statutory appeal under Section 107 CGST Act available for Section 74 order
Case-Laws
GST
The HC dismissed a writ petition challenging an order passed under Section 74(1) of the CGST/KGST Act, 2017 for alleged willful suppression or fraud in tax payment. The petitioner contended that Section 74 was inapplicable as the mistake was rectified through returns and reconciliation statements before proceedings commenced, and argued that the show-cause notice failed to specify circumstances warranting Section 74 invocation. The HC held that since the impugned order was appealable under Section 107 of the CGST Act, the petitioner must exhaust statutory remedies before approaching the court in writ jurisdiction. The petition was disposed of without considering merits, directing the petitioner to pursue available statutory appellate remedies instead of seeking extraordinary writ relief.
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