Goods and Services Tax

Statutory personal hearing in GST adjudication requires a specified date, time and venue before adverse orders are issued.
Case-Laws
GST
GST notices and orders uploaded only in the Additional Notices and Orders tab may not constitute sufficient communication for proceedings under Section 73. The notes state that, where adverse adjudication is contemplated, Section 75(4) requires a personal hearing and the hearing notice must specify its date, time and venue. Failure to provide these particulars results in non-compliance with the statutory hearing requirements and principles of natural justice. The discussed ex parte adjudication order was set aside, allowing a reply to the show-cause notice and requiring fresh reasoned adjudication after a personal hearing.
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Condonation of delay in GST appeals restored access to merits review where timely filing was beyond control.
Case-Laws
GST
Condonation of delay in GST appeals is discussed where circumstances beyond the taxpayer's control prevented timely filing. The notes state that, despite the statutory limitation governing appellate condonation, denying merits review in such circumstances may cause grave injury and prejudice. The delay was condoned and the appellate authority was directed to entertain and decide the appeal on merits if filed within the stipulated period, restoring access to the statutory appellate remedy. The challenge to the validity of the statutory condonation limit was not pressed and remained open.
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Temporary GST portal access must enable electronic statutory appeals; authority expected to decide the ID application within 30 days.
Case-Laws
GST
Withholding the password for a temporary GST ID prevented electronic filing of a statutory appeal and effectively frustrated the appellate remedy. The High Court noted that the department had not provided portal access despite repeated requests, including by email. It disposed of the writ petition expecting the Competent Authority to decide the application for a temporary GST ID in accordance with law within 30 days.
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Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing deadline.
Case-Laws
GST
Input tax credit remains a statutory benefit subject to the conditions in Sections 16(2)(c) and 16(4), including supplier tax-payment requirements and prescribed claim time limits. The Kerala High Court's earlier ruling, adopted for these writ petitions, found those conditions constitutionally sustainable and not violative of Articles 14 or 19 because they protect revenue and support workable GST administration. Recipients with bona fide inward supplies may seek consideration of eligible credit under the applicable GST circulars upon establishing that suppliers paid the tax. The retrospectively applicable 30 November deadline applies to relevant claims, and the constitutional challenge was rejected.
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Condonation of delay in GST appeals enabled restoration for merits adjudication despite objections over statutory authority to condone.
Case-Laws
GST
Condonation of delay in a GST appeal is discussed in the context of High Court decisions permitting consideration of a writ petition despite an objection that no statutory provision allowed condonation. The appellate order was set aside, the delayed appeal for the relevant tax period was restored, and the delay was condoned so that the appeal could be adjudicated on its merits. All substantive contentions were left open for determination in accordance with law.
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Additional input tax credit benefits passed beyond the required level prevented a profiteering finding for pre-GST homebuyers.
Case-Laws
GST
Additional input tax credit benefits in construction services must be passed to pre-GST homebuyers through commensurate price reductions under section 171(1) of the CGST Act. Applying the revised computation, including the pre-GST goods component, the determined benefit was quantified; however, documentary evidence accepted in the revised DGAP report showed that the supplier had passed on benefits exceeding that requirement to eligible homebuyers. The revised methodology therefore did not support a profiteering allegation because the full benefit had already been passed on in excess. The proceedings were disposed of with no contravention of section 171 established.
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Supplier tax payment remains a valid condition for Input Tax Credit, despite a purchasing dealer's asserted bona fides.
Case-Laws
GST
Input Tax Credit under Section 16(2)(c) of the CGST Act remains conditional on the supplier's payment of tax, even where the purchasing dealer asserts bona fides. The text distinguishes the CGST framework from the Delhi VAT regime because CGST provides for reversal and subsequent re-availment of credit after the supplier discharges the tax liability. A purchaser therefore cannot claim parity with a bona fide purchaser under Delhi VAT when its supplier defaults. The condition was upheld as constitutional and not liable to be read down, and the challenge to its validity was rejected.
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Woman GST officer, consultant caught taking Rs 60,000 bribe in Maharashtra's Jalna
GST
Dated:- 29-7-2026
PTI
Jalna (Maharashtra), Jul 29 ( PTI) The Anti-Corruption Bureau has caught a 44-year-old woman GST officer and a private tax consultant while allegedly taking a bribe of Rs 60,000 to unblock a trader's Input Tax Credit (ITC) in Maharashtra's Jalna district, the ACB said.

The trader, who runs an electronics shop, had received a show-cause notice on June 6 after his Input Ta

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Independent application of mind in show cause notices required quashing AI-generated notice and consequential proceedings.
Case-Laws
GST
Independent application of mind is required before a competent authority issues a show cause notice. The High Court noted that use of an artificial intelligence tool to prepare and issue the notice lacked demonstrated statutory sanction, and rejected the explanation that AI-generated references were inadvertently uploaded. As the authority had not independently examined the facts as required by the statute, the show cause notice and consequential proceedings were quashed. The authority retained liberty to initiate fresh action in accordance with law after independently applying its mind.
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Mandatory penalty-order timelines for detained goods require strict compliance, making delayed orders vulnerable to being quashed.
Case-Laws
GST
The seven-day time limit for issuing a penalty order after service of a notice for detained or seized goods in transit is presented as mandatory under the J&K Goods and Services Tax Act, 2017. The use of “shall”, the coercive nature of detention and seizure, and the statutory objective of preventing arbitrary or prolonged detention support strict procedural compliance. The absence of an express statutory consequence for delay does not make the requirement directory; legislative intent, statutory purpose and affected rights govern its character. A penalty notice or order issued beyond the prescribed period is liable to be quashed, without affecting proceedings otherwise permissible under the Act.
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Parallel GST input tax credit proceedings require scrutiny of overlapping charges before separate state assessment is sustained.
Case-Laws
GST
Parallel CGST and SGST proceedings for irregular input tax credit availment require examination of whether both proceedings concern the same credit-disallowance charge arising from discrepancies between suppliers' GSTR-1 and the taxpayer's GSTR-3B. Applying the Supreme Court's twofold test, the High Court directed the SGST authority to reconsider the taxpayer's reply and documents and determine charge overlap. If the charge is identical to that in the CGST proceedings, it may be dropped; the separate audit-based allegation of underreported tax liability may be adjudicated independently. The assessment order was set aside and remanded for fresh adjudication, with merits left open.
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Bona fide conduct in GST writ challenges is essential; undisclosed facts and belated duress claims defeated relief.
Case-Laws
GST
In GST demand proceedings, a writ challenge to an ex parte demand requires bona fide conduct and full disclosure. The petitioner did not specifically deny receiving notice at its registered email, failed to disclose available GSTR-2A input tax credit or address allegations of excess credit and suppressed turnover, and gave an undertaking and post-dated cheques after its bank account was attached. Having obtained release of the account without contemporaneously alleging duress, it could not later raise that plea. The HC treated the challenge as an afterthought lacking bona fides and declined discretionary writ relief, dismissing the petition with costs.
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Return revision for omitted stock transfers required reconsideration, suspending related GST adverse-inference orders pending the revised return outcome.
Case-Laws
GST
Revision of returns for omitted inward and outward stock-transfer transactions cannot be rejected solely because accounts were not audited where the application is independent of an audit report. The article notes that unrelated penalty proceedings and assessments for another year do not affect the relevant revision request; the revision was directed to be accepted and the proposed KVAT assessment held pending disposal. GST orders based on an adverse inference that jewellery sent outside the State was not returned arose from the same transactions. They were set aside pending the revision outcome, with fresh GST action permitted thereafter in accordance with that outcome.
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Embassy-dependent bail conditions were replaced where a foreign national could not obtain the required guarantee certificate.
Case-Laws
GST
Bail conditions dependent on an embassy guarantee were modified after a foreign national could not obtain the required certificate despite seeking compliance. Continued detention following grant of bail was attributed to the impossibility of satisfying the embassy-related conditions. The guarantee-certificate requirement was replaced with an undertaking to attend each hearing and cooperate in the trial, while embassy-based periodic reporting was replaced by a bi-monthly affidavit to the trial court stating the applicant's residence and movements within India or the State. The restriction on leaving India without trial court permission and all other bail conditions remained in force.
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Capacity-based pan masala cess failed equality review where deemed production treated materially different machine outputs alike.
Case-Laws
GST
Capacity-based cess on pan masala packing machines was examined against Article 14 because the levy charged identical cess within a capacity slab despite substantial differences in actual output. The article states that deeming production, rather than taxing actual production, lacked rational classification and created manifest inequality; the capacity-based levy, related Rules and consequential notifications were therefore invalidated to that extent. It also notes that restricting abatement to continuous machine non-operation of at least fifteen days was arbitrary because genuine shorter shutdowns received no relief. Parliament's residuary power to levy cess on ownership or possession of machines was upheld, subject to constitutional equality requirements.
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GST on compulsory acquisition compensation is impermissible because eminent-domain acquisition is neither a supply of goods nor services.
Case-Laws
GST
GST applies to supplies of goods or services, not to compulsory acquisition compensation for land and attached structures. Land and buildings are immovable property rather than goods, and acquisition through the State's exercise of eminent domain is an expropriation, not a sale by the owner or provision of a service. No legal provision was identified to impose GST on the compensation, including its structural component. The High Court therefore treated deduction of GST from the acquisition award as beyond power, quashed the deduction, and directed refund with interest.
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GST appellate remand prohibition makes unauthorised remand a jurisdictional nullity, preserving writ review despite rectification and alternative-remedy objections.
Case-Laws
GST
Under GST, Section 107(11) limits the Appellate Authority to confirming, modifying or annulling the appealed order and prohibits remand to the original authority. Where further inquiry is necessary, the authority must adjudicate the appeal itself; a direction requiring taxpayers to furnish evidence before the Adjudicating Authority is characterised as beyond statutory power. The text further explains that a remand contrary to this prohibition is treated as a jurisdictional nullity. Rejection of rectification on limitation does not cure that defect, and writ jurisdiction may remain available despite an alternative remedy where action is ex facie without jurisdiction or breaches an express statutory restriction.
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Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate authorisation.
Case-Laws
GST
Arrest safeguards require communication and furnishing of grounds of arrest and prompt intimation to a friend or relative. The text states that these safeguards were not met where an accused was brought from existing judicial custody under a B-warrant. It also addresses the impropriety of a subsequent Bharatiya Nyaya Sanhita prosecution where a CGST Act prosecution was already pending for what appeared to be the same offence. For an inter-State arrest and transfer, the accused must be produced before a local Executive or Judicial Magistrate for transit remand; absence of such remand independently renders the arrest, detention and remand unlawful. The reported arrest, detention and remand were set aside, subject to fresh lawful action.
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Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustainable.
Case-Laws
GST
Arrest safeguards require recorded and furnished grounds of arrest and actual intimation of arrest to a friend or relative; merely informing an accused of a right to communicate does not establish compliance. The text states that failure to meet these requirements rendered the arrest, detention and remand illegal. It further notes that where proceedings already concern the same alleged offence under the CGST Act, described as a complete code, subsequent police implication under the B.N.S.S. is not justified. Inter-State transfer from custody also requires production before the appropriate local Magistrate and transit remand; absence of transit remand is identified as an additional illegality.
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Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities exist.
Case-Laws
GST
Absence of a Document Identification Number in a GST assessment order is described as an inherent defect that invalidates the order. The text notes that portal upload is a statutory mode of service, and a registered person's ignorance of or inability to access the portal ordinarily does not justify delay. However, it states that delayed writ challenges to assessment orders with patent irregularities may be entertained on deposit of 20% of the disputed tax, balancing taxpayer hardship and tax administration. The assessment was set aside and remanded for fresh adjudication after hearing, with all issues left open, subject to that deposit.
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Pre-trial detention in GST prosecutions requires demonstrated necessity; completed investigation and documentary evidence supported conditional bail.
Case-Laws
GST
Pre-trial detention is not punitive and must serve to secure the accused's attendance at trial. In a GST prosecution alleging wrongful availment and passing on of input tax credit through non-existent firms, the High Court noted that investigation was complete, the complaint was filed, and the evidence was documentary. With no criminal antecedents, exceptional circumstances, or material indicating flight risk, evidence tampering, witness intimidation or obstruction of justice, continued custody was unwarranted. The limited maximum punishment, Magistrate-triable nature of the offence and unlikely early completion of trial further supported release. Bail was granted subject to conditions protecting the trial and prosecution evidence.
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Condonation of delay restored the statutory GST appellate remedy after limitation-based dismissal was quashed and remanded for merits review.
Case-Laws
GST
Condonation of delay in a statutory GST appeal was granted in view of the peculiar facts, the absence of any merits adjudication by the Appellate Authority, and the respondents' no-objection to remand. The High Court restored the appellate remedy without examining the underlying controversy, quashed the limitation-based dismissal, and remanded the appeal to the Appellate Authority for fresh adjudication in accordance with law.
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Service of GST cancellation notices requires portal upload plus a prescribed personal mode to ensure fair hearing.
Case-Laws
GST
Portal-only service of a show-cause notice for GST registration cancellation does not satisfy the statutory service requirement where cancellation carries civil consequences. The notice should, in addition to being uploaded on the common portal, be communicated through another prescribed mode to provide the registered person a real and fair opportunity to respond. The discussed High Court ruling set aside the cancellation order, directed fresh notice, response and personal-hearing proceedings, and required a reasoned order. The pre-cancellation status quo was to continue pending fresh proceedings.
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GST record-maintenance penalties remain independently valid despite late fees for delayed return filing, sustaining penalties for missing prescribed records.
Case-Laws
GST
Late fee for belated filing of specified GST returns operates separately from the penalty for failure to keep, maintain or retain prescribed books of account and documents. Levy of late fee therefore does not bar an independent penalty for non-maintenance of records relating to production, manufacture, supplies, stock, input tax credit and output tax details. The High Court found no infirmity in the penalty order, dismissed the writ petition, and sustained the penalty for failure to maintain prescribed records.
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GSTAT appeals in common adjudication cases require separate review and filing by each noticee's jurisdictional CGST Commissionerate.
Circulars
GST
Departmental GSTAT appeals arising from appellate orders in DGGI matters adjudicated by a Common Adjudicating Authority must be reviewed separately for each taxable person or noticee by that person's jurisdictional CGST Principal Commissioner or Commissioner. The Commissionerate having jurisdiction over the Common Adjudicating Authority must receive the appellate order, obtain DGGI inputs where required, and circulate recommendations to the relevant jurisdictional Commissionerates. Where an appeal is warranted, the reviewing authority may authorise a subordinate officer to file and pursue it. Separate appeals must be filed by each noticee's jurisdictional Commissionerate before the GSTAT Bench with territorial jurisdiction over that noticee, with subsequent intimation to the Commissionerate of the Common Adjudicating Authority.
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