Goods and Services Tax

Airlines' body FIA urges govt to bring jet fuel under GST
GST
Dated:- 7-7-2026
PTI
Mumbai, Jul 7 (PTI) Air India, IndiGo and SpiceJet have asked the government to bring aviation turbine fuel under GST, emphasising that such a move will help in reducing the operating costs for the airlines.

States levy excise duty as well as Value Added Tax (VAT) on Aviation Turbine Fuel (ATF), which accounts for a significant chunk of an airline's operational costs.

The Federation of Indian Airlines (FIA), which represents Air India, IndiGo and SpiceJet, has said that Indian aviation sector is presently facing an extraordinary convergence of challenges, including those arising out of escalating geopolitical tensions from the West Asia conf

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Garnishee recovery against a partner's bank account can stand for crystallised partnership tax dues, not provisional attachment
Case-Laws
GST
A partnership firm's crystallised tax dues may be recovered by issuing a garnishee notice against a partner's bank account when the recovery is directed under Section 79(1)(c)(i), not Section 83. The challenge failed because the impugned communication was on its face a recovery step after liability had crystallised, the demand against the firm itself had not been challenged, and partners are personally liable for the firm's dues. On those facts, no infirmity was found in the notice to the bank, and writ interference was unwarranted.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Input tax credit set-off across GST heads upheld; assessment order quashed under binding precedent and settlement issue reserved.
Case-Laws
GST
Input tax credit set-off under the IGST head against CGST and SGST liability was accepted because the dispute was already covered by binding Division Bench precedent in favour of the assessee. The assessment order was quashed without a fresh merits determination. Any inter-departmental settlement issue was left open for the State to raise before the GST Council in light of that ruling.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

CAMPA deposits for forest diversion clearance treated as consideration for taxable government service under reverse charge
Case-Laws
GST
Mandatory CAMPA-related deposits made to obtain permission for diversion of forest land were treated as consideration for a taxable supply of government service. The permission was described as a specific statutory approval conferring a direct benefit on an identified business entity, so the payment had a direct nexus with the supply. Exemption under entries for functions entrusted to municipalities or panchayats was denied because the approval was a forest-regulatory function, not a municipal or panchayat activity. GST was therefore payable under reverse charge on the deposits made for the forest clearance.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Forged GST bills, rural bank accounts aided India-Myanmar betel nut racket: ED
GST
Dated:- 6-7-2026
PTI
New Delhi, Jul 6 (PTI) The ED has found that an organised syndicate, which operated a Rs 1,500-crore betel nut smuggling ring along the India-Myanmar international border, allegedly used forged GST invoices and routed “illicit” funds through some rural bank accounts in Mizoram via a hawala network.

The central agency said in a statement on Monday that its Guwahati zonal office unearthed the alleged modus operandi after it conducted multi-state searches at 20 premises in Assam, Mizoram, West Bengal and Uttar Pradesh on July 3.

The investigation pertains to a “large, organised syndicate” engaged in smuggling betel nu

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Champhai grows none itself,” the ED said.

Production data obtained from central and state government agencies established that Champhai, from where the bulk of the consignments were shown to originate, recorded zero domestic production of areca nut during the relevant years, it said.

“This corroborates that the goods were of smuggled, foreign origin routed through the Indo-Myanmar border,” the ED said.

The syndicate used “forged” GST invoices, “bogus” supplier and buyer firms and “false” transport papers.

“The proceeds are then layered through buyers in West Bengal and Uttar Pradesh who pay Silchar/Assam hawala operators, who subsequently route the money mostly through Mizoram Rural Bank transit accounts that mask t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Input tax credit on QIP services allowed only for business debt repayment, not for investment in a subsidiary
Case-Laws
GST
Input tax credit on QIP-related services was held admissible only to the extent the funds were used for repayment or pre-payment of borrowings, because that deployment was treated as business-related and incidental to operations under Section 16(1). The authority linked the tax credit test to the actual use of the QIP proceeds, finding a sufficient nexus where the funds reduced financial liabilities, improved liquidity, and supported business activity. By contrast, credit was denied on the portion used to invest in a wholly owned subsidiary, because the investment was an acquisition of securities by a distinct legal entity and did not create the direct nexus required with the appellant's own business.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Reverse charge credit and ITC distribution: self-invoice accepted, and pre-amendment ISD registration not mandatory.
Case-Laws
GST
Input tax credit on reverse charge services from an unregistered foreign supplier was treated as sustainable where the registered recipient raised a self-invoice, discharged tax under reverse charge, and claimed credit on that basis. Reading section 9(3), section 16(2)(a), section 31(3)(f) and rule 36 together, the self-invoice was recognised as a valid tax-paying document, and credit could not be denied merely because the foreign supplier's invoice identified a particular unit. The text also states that, for the relevant period, ITC distribution to other distinct persons without Input Service Distributor registration was not impermissible, as unamended section 20 was only enabling and the later compulsory-registration amendment indicated the earlier position. Revenue neutrality was noted as supporting denial of no technical objection.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Special GST law bars general criminal prosecution for delayed tax deposit; new penal law cannot apply retrospectively.
Case-Laws
GST
Delayed or non-deposit of deducted GST/TDS relating to Gram Sabha works was held to fall within the U.P. GST Act, 2017 as a complete special code covering default, penalty, prosecution and compounding, so general penal law could not be invoked unless distinct offences such as cheating, forgery or misappropriation were independently made out. The Court further held that a substantive penal provision cannot be applied to an alleged omission of the 2017-18 financial year when the invoked B.N.S. provision was not then in force. On these grounds, the charge-sheet, cognizance order and consequential proceedings were quashed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Retrospective cancellation of GST registration upheld where statute permits cancellation from any date and suspension during proceedings.
Case-Laws
GST
Retrospective cancellation of GST registration was treated as permissible because section 29(2) expressly allows cancellation from any date, and the second proviso was read within the same scheme to permit suspension during pending cancellation proceedings. The challenge to retrospective suspension was therefore rejected, and no basis was found to question section 29(2) or rule 21(a). The notice was also considered procedurally fair because it allowed a reply and personal hearing, so the writ challenge to the show-cause notice was declined and the objections were left to be raised before the authority.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Retrospective GST registration cancellation and interim suspension upheld, while writ challenge to show cause notice failed
Case-Laws
GST
Retrospective cancellation of GST registration was held permissible because section 29(2) expressly allows cancellation from any date, including a past date, and the second proviso authorises suspension of registration during pending cancellation proceedings. The HC rejected the contention that suspension cannot operate retrospectively. It also declined to entertain the challenge to the cancellation provisions and the show cause notice, noting that fraud was alleged, time and personal hearing were granted, and the petitioner had filed no reply despite opportunity. The writ was dismissed, leaving the petitioner to raise all available pleas in response to the notice.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

IGST refund on exports cannot be denied solely for higher duty drawback claim under an invalid circular
Case-Laws
GST
IGST refund on exports could not be rejected merely because the exporter had claimed the higher duty drawback rate under Circular No. 37/2018, since that circular had already been held invalid as inconsistent with the statutory provisions and refund rules. Relying on the earlier High Court rulings, the Court set aside the rejection founded solely on that circular and remitted the refund claim for fresh consideration in accordance with law after giving the exporter an opportunity of hearing.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Regular bail in economic offences turns on custodial need, documentary evidence and the triple test, not offence seriousness alone.
Case-Laws
GST
In economic offences punishable up to seven years, continued detention is not automatic: the court must assess personal liberty, the need for custodial interrogation, the risk of tampering, the risk of absconding and the triple test for bail. The text notes that seriousness of the allegation alone does not justify refusal where the complaint has already been filed, no further police custody is sought, and the prosecution case depends largely on documentary, electronic and seized material. On that footing, the seized goods and machinery reduced the need for custody, the disputed nature of the material was left for trial, and bail was granted subject to conditions.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Directory time limit for belated return filing after best judgment assessment displaces provisional assessment.
Case-Laws
GST
The period for filing a return after a best judgment assessment was treated as directory, not mandatory. Once a belated return is filed, the provisional assessment made for non-filing does not survive and the matter must proceed in the regular course for further assessment for the year. On that basis, the impugned best judgment assessment order was quashed and the respondent was directed to complete further assessment in accordance with law.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Advance ruling jurisdiction excludes refund computation under inverted duty structure, and prior refund rejection bars admission.
Case-Laws
GST
Advance ruling jurisdiction is confined to questions enumerated for advance rulings; refund eligibility and computation of accumulated input tax credit under the inverted duty structure were treated as outside that scope. The text also notes that where the same refund question has already been decided in proceedings under the Act, admission is barred. On that basis, the application was rejected as not maintainable.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Assam records 15 pc growth in GST collection in June
GST
Dated:- 4-7-2026
PTI
Guwahati, Jul 4 (PTI) Assam witnessed a 15 per cent growth in GST collection in June compared to the corresponding period a year ago, Finance Minister Jayanta Malla Baruah said on Saturday.

The GST collection in June stood at Rs 1,437 crore as against Rs 1,255 crore in the same month last year.

“June 2026, witnessed 15 per cent GST growth compared to June 2025, well above the national average of 9 p

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Alternative appellate remedy under GST leads to writ petitions being relegated to appeal with delay condonation
Case-Laws
GST
Alternative appellate remedy under GST was treated as the proper course where input tax credit orders were challenged for alleged irregular availment due to belated GSTR filings. The High Court declined to examine the writ petitions on merits and relegated the petitioner to the statutory appellate remedy. It granted liberty to file appeals within two weeks with pre-deposit and delay condonation applications, allowed all legal and factual grounds including later rectification contentions, and left delay to be considered by the appellate authority before any decision on merits.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Show cause notice jurisdiction: GST applicability to an offshore construction contract required factual inquiry, so writ relief was premature.
Case-Laws
GST
Interference with a show cause notice is unwarranted unless it is ex facie without jurisdiction. Here, the GST dispute over an offshore construction contract turned on factual questions, including local procurement, shipments from the India office, and consolidation of Mauritius site accounts in the Indian company's financials. Those features had a bearing on the territorial applicability of GST, so the notice was not patently without jurisdiction and could not be quashed in writ proceedings as premature. The cited advance-ruling decision was distinguished because it did not arise from a writ challenge to a notice on disputed facts.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Territorial jurisdiction in GST writs turns on where the impugned assessment order arose and cause of action accrued.
Case-Laws
GST
Territorial jurisdiction in writ proceedings depends on where the cause of action arises, and a GST assessment challenge must be filed before the forum connected with the impugned order. Here, the assessment order was passed by the proper officer at Chandigarh, and the dispute stemmed from the return filed there, so no part of the cause of action arose within Patna HC's jurisdiction. The petitioner's lease of parking space at Patna was held insufficient to confer jurisdiction. The writ petition was therefore not maintainable, with liberty to approach the competent forum.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Voluntary GST payment through DRC-03 requires self-ascertainment; a search-time deposit was refundable, with interest left open.
Case-Laws
GST
A payment made during search proceedings is not voluntary merely because it is routed through Form GST DRC-03; for Section 74(5) to apply, the record must show independent self-ascertainment or prior ascertainment of liability. On the facts described, no notice had been issued, the search was still continuing, and the petitioner's records and devices remained under departmental control, so the deposit was treated as involuntary and refundable. The declaration in DRC-03 and the absence of DRC-04 were only relevant circumstances, not conclusive proof of voluntariness. Interest on the refund was left open because tax liability had not yet been finally adjudicated.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Anti-profiteering in real estate: remaining profiteered amount refunded with interest, while prospective penalty was held inapplicable.
Case-Laws
GST
In a real estate anti-profiteering matter, the Tribunal accepted the DGAP report in full because the respondent unconditionally accepted the methodology, quantification and contravention finding, and the remaining profiteered amount for the period up to receipt of the Occupancy Certificate was ordered to be refunded to eligible homebuyers. It also upheld interest on the profiteered amount, holding that interest is payable from the dates of excess collection until actual refund. The penalty provision was held inapplicable because the alleged profiteering had ended before Section 171(3A) came into force, so no penalty was payable.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Limitation for GST fraud proceedings and parallel-enforcement bar shape validity of a composite demand-cum-show-cause notice
Case-Laws
GST
Notification extending the annual return due date for 2017-18 did not extend the department's time to initiate Section 74 fraud proceedings; no separate extension notification for Section 74 was shown, and the March 2021 communication was only a scrutiny notice, not a valid show cause notice. For 2018-19 and 2019-20, parallel CGST proceedings on excess availment of input tax credit were barred where SGST had already initiated action on the same subject matter, making that part of the notice without jurisdiction. The short-payment component, however, was distinct from the SGST mismatch proceedings and could be pursued. The composite order was set aside and remitted for fresh adjudication only on the issues lawfully open to the authority.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Maintainability of writ challenge to GST notice fails where defect was not first raised before authority
Case-Laws
GST
A writ challenge to a GST show cause notice was not entertained where the petitioner had not shown that any objection to the alleged defect in FORM GST DRC-01 had first been raised before the competent authority. The record also contained a signed notice issued by the Deputy Commissioner, which undermined the unsigned-notice objection. The court therefore declined to examine the grievance in writ jurisdiction and left the petitioner free to point out any defect before the authority concerned.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Voluntary GST payment during search defeats coercion claim; delayed DRC-04 and refund rejection upheld as valid.
Case-Laws
GST
Allegations of coercive GST recovery during search failed where panchnamas, the written undertaking and recorded answers showed the taxpayer admitted the liability, agreed to pay after temporary registration, and stated the statement was made without pressure or threat; prolonged silence without complaint also undermined the coercion plea. FORM GST DRC-04 issued later was treated as mere acknowledgment of voluntary payment, with no prescribed time limit and no prejudice shown. Refund was unavailable because the tax, interest and penalty had been voluntarily discharged on the basis of search material, and refund lies only where tax was not payable or was paid in excess.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Blocked input tax credit on construction of immovable property upheld; extended limitation and Section 74 invocation sustained.
Case-Laws
GST
Blocked input tax credit on construction of immovable property remained unavailable where the taxpayer was engaged in renting immovable property, used works contract services for construction, and the credit fell within clauses (c) and (d) of Section 17(5). The Court also treated the claim as belated because the credit was not taken within the statutory time limit under Section 16. It held that a unilateral letter proposing availment did not amount to departmental approval, and that availing a much larger credit without concurrence justified invocation of fraud and suppression, the extended limitation period, and Section 74. The challenge to the common notice covering multiple tax periods also failed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Natural justice in GST fraud demands: taxpayer must get a fair chance to prove genuine supply before Section 74 is applied.
Case-Laws
GST
Reasonable opportunity must be given before a fraud-based GST demand is confirmed where input tax credit has already been reversed and revenue interest is otherwise protected. The HC held that the petitioner could not be denied the chance to produce material documents to show genuine supply of goods and to challenge the invocation of Section 74. The impugned order was interfered with only to that limited extent, and the matter was remitted for fresh reconsideration after giving the petitioner a fair opportunity. No finding was returned on the merits of the underlying tax dispute.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =