Goods and Services Tax

Proceedings under section 74(1) quashed where seller's registration restored and no evidence of fraud, tax evasion or suppression
Case-Laws
GST
The HC quashed proceedings initiated under section 74(1) of the Act against the petitioner, finding no sustainable basis for fraud or tax-evasion allegations. The court held that restoration of the selling dealer's registration negated any presumption that transactions were with an unregistered dealer; documentary evidence established physical movement of goods, banking channel payments, and consistent ledger entries without contradiction by authorities. The circular dated 13.12.2023 restricts initiation under section 74(1) to cases involving fraud, misstatement, or suppression; absent adverse material or cogent findings of dishonesty, the impugned orders could not be sustained. All challenged orders were quashed and the writ petitions were allowed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Detention and seizure upheld where no e-way bill produced before movement; later generation doesn't cure defect
Case-Laws
GST
The HC dismissed the petition and upheld the detention and seizure order of goods where no e-way bill was produced prior to commencement of movement; subsequent generation of the e-way bill after interception did not cure the defect. The court held that non-production of the e-way bill at the relevant time justified detention and seizure under the statutory scheme, and interference was unwarranted. The decision follows controlling Division Bench precedent that absence of an e-way bill at the time of interception renders seizure proceedings valid irrespective of asserted technical glitches or subsequent belated generation, so the challenge to the seizure failed and the petition was dismissed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Seizure of goods unlawful where valid uncancelled e-way bill and documents show genuine transport, no intent to evade tax
Case-Laws
GST
The HC held that seizure of goods was unlawful where a valid e-way bill accompanied the consignment and remained uncancelled, demonstrating genuineness of transport documents and negating any demonstrable intent to evade tax. The absence of the shipping address as an additional place of business and omission of a consignor's official signature on the delivery challan did not, without more, establish culpable noncompliance justifying seizure. The court found that, given the valid e-way bill and accompanying documentation, departmental action amounted to unnecessary litigation and breached statutory safeguards; prior analogous authority supported quashing of such proceedings. The impugned orders were quashed and the petition allowed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Initiation under s.130 on survey-noted excess stock unsustainable; s.35(6) and ss.73/74 govern tax on unaccounted goods
Case-Laws
GST
HC held that initiation of proceedings under s.130 of the GST Act based solely on alleged excess stock observed during a survey, without physical counting, was unsustainable. The court reiterated that registered persons must maintain accounts under s.35 and that s.35(6) permits determination of tax on unaccounted goods with applicability of ss.73/74 mutatis mutandis, but proceedings under s.130 are not the appropriate mechanism where excess stock is merely noted on survey. In consequence, the impugned orders were quashed and the petition allowed, with directions accordingly, and no order for proceedings under s.130 to be sustained in the present facts.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Provisional attachment order of 1 Jan 2025 held appealable under Section 107 CGST Act; appeal allowed with pre-deposit
Case-Laws
GST
The HC held that the impugned provisional attachment order dated 1 January 2025 is an appealable order under Section 107, CGST Act. The court recognised that consolidated show-cause notices spanning multiple periods may be interrogated to establish a pattern of fraudulent ITC availment via fictitious firms, and therefore allowed relief to the Petitioner for the period during which the writ petition remained pending. The Petitioner is permitted to institute the statutory appeal before the Commissioner (Appeals) subject to furnishing the prescribed pre-deposit. If the appeal is filed with the requisite pre-deposit by 15 December 2025, it shall not be dismissed on limitation grounds and shall be adjudicated on merits. Petition disposed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Bail granted to accused in alleged Rs.35 crore GST input-tax-credit fraud via fake firms; investigation complete, trial lengthy
Case-Laws
GST
HC granted bail to the applicant accused of alleged GST evasion by purported availment of input tax credit through fabricated firms, involving purported evasion of approximately Rs.35 crore. The court noted the offences are triable by a Magistrate and carry a maximum sentence of five years; investigation is complete and complaint filed. Emphasizing that the prosecution case is documentary and electronic in nature with official ocular witnesses, the HC found minimal risk of tampering or influencing evidence and observed protracted trial prospects. Having regard to these factors and applicable higher-court precedent, the HC allowed the bail application subject to appropriate conditions to be imposed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Bail granted to accused in Rs.120 crore embezzlement via fictitious suppliers; release on surety under s.132(1)(i) C.G.S.T. Act
Case-Laws
GST
HC allowed the applicant's bail application and ordered release on furnishing appropriate surety. The applicant, accused of embezzling funds exceeding Rs.120 crores through fictitious suppliers to facilitate illegal sales and GST evasion, was held to face a prosecution principally reliant on documentary and electronic evidence, with investigation completed and trial likely to be protracted. Although the offence under s.132(1)(i) C.G.S.T. Act is cognizable and non-bailable, it carries a maximum sentence of five years and is triable by a Magistrate. The applicant has no antecedent criminal record and there is no demonstrable risk of tampering with documentary proof; accordingly, applying settled principles governing custodial bail, release on bail was directed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Assessing authorities exceeded jurisdiction by using Section 73 to tax pre-GST contractor payments based on GSTR-3B/Form-26AS mismatch
Case-Laws
GST
The HC allowed the petition and quashed the impugned orders, holding the assessing authorities exceeded jurisdiction in initiating proceedings under Section 73. On review of original records the court found the petitioner to be a work-contractor awarded contracts by a state agency for the relevant assessment years, and that payments were effected after GST implementation; however, that temporal change did not confer jurisdiction on GST authorities to levy tax, interest or penalty for pre-GST transactions merely on a GSTR-3B/Form-26AS mismatch. The HC held the proper course was notification to the pre-GST assessing authority under the applicable indirect tax law, not initiation of Section 73 proceedings under the GST regime.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Sale of company as going concern in clean state freezes and extinguishes pre-sale dues; claims limited to Section 53 waterfall
Case-Laws
GST
The HC held that upon sale of the corporate debtor in liquidation as a going concern on a “clean state” basis, all pre-sale dues stand frozen and are extinguished, with creditors' entitlements confined to the Section 53 waterfall; accordingly liability of Petitioner No.1 for tax, interest and penalty for periods prior to the sale cannot be adjudicated outside the insolvency framework. The tax proceedings initiated against the petitioner for FY 2019-2020 were held to be impermissible, the impugned assessment/order was quashed, and the petition disposed of, confirming that a purchaser of the corporate debtor as a going concern is not saddled with antecedent liabilities.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Writ dismissed; matter remitted for fresh adjudication subject to 50% deposit of disputed GST under Section 107
Case-Laws
GST
HC dismissed the writ insofar as it sought quashing of the impugned demand without compliance with limitation; noting the period for filing an appeal under Section 107 of the GST enactments had expired, the Court remitted the matter to the Respondent for fresh adjudication. The remand is conditional: the Assessee must deposit 50% of the disputed tax, quantified at 1,92,32,187, in cash from its Electronic Cash Ledger within 30 days of receipt of this order. On such deposit, the Respondent shall pass a fresh order after considering payments already made; otherwise the remand terms may be altered. The writ petition is disposed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Exide Industries aims to start production at lithium cell facility by FY'26-end
GST
Dated:- 17-11-2025
PTI
Kolkata, Nov 17 (PTI) Exide Industries on Monday said it is aiming to commence production at its lithium-ion cell facility by the end of FY'26, with equipment installation and commissioning in the final stages.
The company also said it is in advanced talks with large two-wheeler original equipment manufacturers (OEMs) for such batteries, and two of them are likely to become its initial customers.
Speaking at its latest post-earnings analysts' call, the management said the first production will be an “NCM-based cylindrical cell line” primarily aimed at two-wheeler applications.
The next one to go live will be a prismatic

= = = = = = = =

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

= = = = = = = =

uncertainties and easier quality control for OEMs.
The proposed 12 GWh Phase-II expansion will be taken up once there is greater clarity on market adoption, especially in stationary storage.
The Kolkata-headquartered company said it passed on the GST benefit to consumers and has not taken any further price corrections since.
The Goods and Services Tax (GST) rate on batteries was cut from 28 to 18 per cent, effective September 22.
Despite softer Q2 (July-September) sales and profitability, the production curbs helped reduce inventory and unlocked over Rs 500 crore through better working capital control.
Inverter and solar batteries were among the worst hit; solar revenue growth plunged from 35 per cent in Q1 (April-June) to minus 5 per

= = = = = = = =

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

= = = = = = = =

Previous order set aside for lack of hearing; matter remitted for reconsideration under GST law with fair hearing
Case-Laws
GST
The HC set aside the impugned order dated 22-01-2025 concerning allegations of facilitating evasion of GST by partner hotels, concluding that the matter requires further adjudication after affording procedural fairness. The court found that Respondent No.1 must grant the Petitioner an opportunity of hearing based on all supplementary documents the Petitioner furnished, and remitted the matter for reconsideration consistent with principles of natural justice and statutory scheme under GST law. In consequence, the writ petition is disposed of without adjudication on merits, leaving open Respondent No.1's regulatory and adjudicatory pathway to determine contravention of GST provisions after hearing the Petitioner.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Show-cause notice under s.130 issued before adjudication under ss.73/74 violates s.35; s.122/s.130 notice quashed and seizure order set aside
Case-Laws
GST
HC held that a show-cause notice issued under s.130 of the UPGST Act, 2017, before any adjudication of tax liability under ss.73/74, contravenes s.35 and is therefore jurisdictionally defective. The court quashed and set aside the s.122 read with s.130 notice and the impugned adjudicatory order dated 17.09.2025, and also quashed the seizure order dated 06.09.2025. The petition is disposed. The revenue is left at liberty to initiate fresh proceedings consonant with statutory prescription by issuing show-cause notices under the appropriate substantive provisions of the Act, 2017, after determining tax liability in accordance with law.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Petition dismissed: alternative remedy under s.107 available, no jurisdictional error in refund authority's disposal so expedited relief refused
Case-Laws
GST
The HC dismissed the petition seeking expedited disposal of a refund application, holding that the petitioner possessed an alternative statutory remedy before the appellate authority under s.107 of the CGST/WBGST Act, 2017. The Court found no jurisdictional error in the authority's decision to process and dispose of the refund application and declined to entertain collateral challenge by way of the present application. Although acknowledging its power in exceptional cases to set aside interlocutory orders during writ proceedings, the HC concluded this was not such a case and refused interference with the impugned disposal. Petition accordingly disposed of.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Penalty under s.129(3) quashed where expired e-way bill but vehicle carried goods and no intent to evade tax.
Case-Laws
GST
The HC allowed the petition and set aside the impugned orders of 09.08.2024 and 30.08.2024 imposing penalty under s.129(3) of the U.P. Goods and Services Act, 2017. Although the e-way bill had expired and was not renewed, the vehicle carried the goods and invoices at inspection, and the assessing authority failed to demonstrate any material indicating an intention by the petitioner to evade tax. In the absence of requisite satisfaction as to tax-evasion intent, the technical non-compliance alone could not sustain penalty under s.129(3); accordingly the penalty orders were quashed and the petition was allowed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Petition dismissed; directed to pursue appeal under s.107 CGST Act with required pre-deposit by December 15.
Case-Laws
GST
The HC disposed of the petition, upholding the imposition of recovery, interest and a substantial penalty arising from a Show Cause Notice dated 31 July 2023, while noting a factual dispute over whether personal hearing was afforded despite the Petitioner having filed a reply on 23 November 2023. Rather than adjudicating the merits, the Court directed the Petitioner to pursue statutory appellate remedy under s.107 of the Central Goods and Services Tax Act, 2017 by 15 December and to comply with the requisite pre-deposit condition. The petition is dismissed/ disposed as infructuous to the extent of the directed appellate route.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Trackase Launches AI-Enabled GST Litigation Management Platform to Streamline Dispute Handling
GST
Dated:- 15-11-2025
PTI
Delhi, India (NewsVoir) IndiaÂ’s AI-enabled GST litigation management platform, Trackase, has launched to redefine how businesses, law firms, tax experts, and Chartered Accountants manage GST disputes while bringing automation, transparency, and speed to one of the most complex aspects of indirect taxation.
The company marks a major step forward in simplifying and digitizing GST dispute management across IndiaÂ’s legal and tax ecosystem. Built with the vision to streamline case tracking, document management, and workflow automation, the platform empowers organizations to handle GST litigation seamlessly – min

= = = = = = = =

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

= = = = = = = =

re, transparency, and speed to the entire litigation management process. Our goal is to empower tax and finance professionals with the tools they need to stay compliant and make informed decisions.” Through intelligent automation and analytics, Trackase serves as a strategic enabler for CFOs, tax heads, compliance officers, and Chartered Accountants, helping them not only manage disputes efficiently but also extract valuable insights from their litigation data to improve strategic decision-making.
The platform is equipped with a suite of powerful features. Its smart case tracking module allows real-time monitoring of GST litigation cases across jurisdictions and authorities. The centralized document management system ensures secure, cloud

= = = = = = = =

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

= = = = = = = =

Two held in fake invoice racket by CGST commissionerate in Guwahati
GST
Dated:- 15-11-2025
PTI
Guwahati, Nov 15 (PTI) Two persons have been arrested by the Central Goods and Service Tax (CGST), Guwahati Commissionerate, for alleged involvement in a fake invoice racket.
An official statement said on Friday that the anti-evasion unit of CGST Guwahati Commissionerate had obtained specific intelligence that a group of individuals was involved in supply of fake invoices to various recipi

= = = = = = = =

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

= = = = = = = =

CBIC Chairman inaugurates 'GST , ”
GST
Dated:- 15-11-2025

The CBIC stall at the IITF features helpdesks for onsite assistance, educational and awareness content, digital & interactive displays, public engagement and entertainment activities, magic shows, puppet shows, live quizzes, caricature artists, virtual reality (VR) games, and selfie, and youth and career orientation
Shri Sanjay Kumar Agarwal, Chairman, Central Board of Indirect Taxes and Customs (CBIC), along with Members of the CBIC, inaugurated the GST & Customs Pavilion at the 44th India International Trade Fair (IITF) 2025, held at, Pragati Maidan, New Delhi, today.
The Pavilion, themed “Next-Gen GST: सरल कर, खुशहाल राष्ट्र”, embodies CBIC's vision of a simplified, technology-driven, and citizen-centric tax ecosystem. The theme reflects the Government's c

= = = = = = = =

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

= = = = = = = =

sitors to understand the benefits and avail the maximum savings and relief offered through the new initiatives.
The Chairman also cautioned visitors against sharing their identity documents with unauthorized individuals, urging them to remain vigilant to avoid falling victim to frauds committed in the name of GST or Customs.
The GST & Customs Pavilion serves as an interactive platform for taxpayers, industry representatives, students and the general public to engage with the latest initiatives of CBIC. The Pavilion has been designed to spread awareness about recent public and industry-friendly reforms under GST and Customs, and to showcase the Department's ongoing efforts to enhance taxpayer facilitation and service delivery.
Key Highlights of the Pavilion:
1. Helpdesks for Onsite Assistance: The Pavilion features eight dedicated helpdesks manned by domain experts from GST, Customs, GST Network (GSTN), ICEGATE and CPGRAMS. These hel

= = = = = = = =

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

= = = = = = = =

gagement and Entertainment Activities: In keeping with IITF's vibrant spirit, the Pavilion also features Magic Shows, Puppet Shows, Live Quizzes, Caricature Artists, Virtual Reality (VR) games, and Selfie Corners – all designed to spread tax awareness in an engaging and accessible manner. Informative brochures and leaflets on GST, Customs and taxpayer services are also being distributed to visitors.
5. Youth and Career Orientation: The Pavilion also introduces visitors, especially students, to the dynamic and diverse career opportunities available in the CBIC, encouraging the younger generation to learn about the vital role the Department plays in nation-building and trade facilitation.
The Pavilion will remain open throughout the duration of the India International Trade Fair, offering visitors a unique opportunity to experience the evolving landscape of indirect taxation and the strides taken by CBIC towards a “Digital, Transparent and Efficient I

= = = = = = = =

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

= = = = = = = =

Seizure and penalty under s.129(3) GST quashed where e-way bill produced before detention, no mens rea found
Case-Laws
GST
The HC allowed the petition and quashed the impugned seizure and penalty order issued under s.129(3) of the GST Act. The court found that the e-way bill was generated prior to detention and was produced with the reply to the show cause notice before the seizure order was passed, negating any inference of intent to evade tax. In light of the timely documentary production and absence of mens rea, the impugned orders were unsustainable in law. Consequentially, all penal and seizure measures pursuant to the detention were set aside and the petition was allowed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Writ petition dismissed against appellate order rejecting appeal for Section 107(6) GST pre-deposit default and on merits upheld
Case-Laws
GST
The HC dismissed the writ petition challenging an appellate order that had concurrently rejected the Appellant's appeal on both non-compliance with the pre-deposit obligation under Section 107(6) of the GST Act, 2017 and on merits. The Court distinguished earlier Bench orders that condemned dismissal solely for physical non-deposit without direction, finding the impugned order here decisively addressed substantive issues as well as the technical default. Because the merits findings were supported and no misdirection or illegality justified interference or remand, the Court concluded that setting aside the order in toto or ordering a fresh hearing was unwarranted and therefore dismissed the petition.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Petitioner allowed to appeal after depositing Rs.3,91,976 exceeding Section 107 pre-deposit; appeal filing stays order.
Case-Laws
GST
The HC held that, notwithstanding challenges to the constitutional validity of impugned notifications and defects in ex parte adjudication violating principles of natural justice, the Petitioner – having voluntarily deposited Rs. 3,91,976, which exceeds the statutory pre-deposit required under Section 107 – is permitted to institute an appeal without any further pre-deposit. Pursuant to Section 107(7), the filing of the appeal shall operate to stay the impugned order automatically. Consequently, the provisional attachment order dated 11 September 2025 is set aside. The petition is disposed of accordingly, with liberty to proceed with the statutory appellate remedy.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Petitioner allowed to appeal after depositing Rs.3,91,976 exceeding Section 107 pre-deposit; appeal filing stays order.
Case-Laws
GST
The HC held that, notwithstanding challenges to the constitutional validity of impugned notifications and defects in ex parte adjudication violating principles of natural justice, the Petitioner – having voluntarily deposited Rs. 3,91,976, which exceeds the statutory pre-deposit required under Section 107 – is permitted to institute an appeal without any further pre-deposit. Pursuant to Section 107(7), the filing of the appeal shall operate to stay the impugned order automatically. Consequently, the provisional attachment order dated 11 September 2025 is set aside. The petition is disposed of accordingly, with liberty to proceed with the statutory appellate remedy.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Exide Industries Q2FY'26 net profit declines 26pc YoY to Rs 173.6 crore
GST
Dated:- 14-11-2025
PTI
Kolkata, Nov 14 (PTI) Exide Industries Ltd on Friday reported a 26 per cent decline in consolidated net profit to Rs 173.64 crore for the quarter ended September, impacted by a transitional phase due to GST changes.
The company had posted a consolidated net profit of Rs 233.40 crore in the corresponding quarter a year ago, Exide Industries said in a regulatory filing.
Consolidated revenue from operations saw a marginal decline of 1.9 per cent to Rs 4,364.51 crore during the quarter, down from Rs 4,450.00 crore a year earlier.
For the half-year ended September 2025, consolidated net profit was 1.3 per cent lower at Rs 448.22 cror

= = = = = = = =

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

= = = = = = = =

WPI inflation falls to 27-month low of (-) 1.21 pc in Oct on GST cut, favourable base
GST
Dated:- 14-11-2025
PTI
New Delhi, Nov 14 (PTI) Wholesale Price Inflation (WPI) fell to a 27-month low of (-) 1.21 per cent in October, led by a sharp deflation in food items like pulses and vegetables, and lower prices of fuel and manufactured items, government data showed on Friday.
WPI-based inflation was 0.13 per cent in September and 2.75 per cent in October last year.
“The negative rate of inflation in October 2025, is primarily due to decrease in prices of food articles, crude petroleum & natural gas, electricity, mineral oils and manufacture of basic metals etc ,” the industry ministry said in a statement.
According to WPI data

= = = = = = = =

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

= = = = = = = =

to keep the wholesale index into deflation. Consequently, Ind-Ra anticipates wholesale deflation in November 2025 to be under 1 per cent,” said Paras Jasrai, Associate Director at India Ratings and Research.
The fall in WPI inflation is on expected lines after the rates of Goods and Services Tax (GST) were slashed effective September 22.
GST rates on daily use mass consumption items were cut as part of the tax rate rationalisation under which the four-tier tax structure was brought down to just 2 slabs of 5 and 18 per cent.
The tax cuts which lowered prices of goods, plus a favourable inflation base of last year, has pulled down both wholesale and retail inflation.
Data released last week showed, retail inflation was at an all-time

= = = = = = = =

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

= = = = = = = =