Goods and Services Tax

Confiscation proceedings require prior tax determination; show cause notice issued without it was held without jurisdiction.
Case-Laws
GST
A High Court held that confiscation proceedings under Section 130 read with Section 122 of the Act, 2017 cannot be initiated merely for an alleged violation of Section 35 without prior determination of tax liability under Sections 73 or 74. Because the show cause notice was issued without satisfying that jurisdictional requirement, it was held to be without jurisdiction. Interference at the notice stage was therefore justified, and the show cause notice and consequential confiscation order were quashed, with liberty to the department to proceed afresh in accordance with law.
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Mandatory arrest documentation and grounds of arrest requirements under GST law must be strictly complied with, or remand fails.
Case-Laws
GST
Arrest under the CGST Act was held unlawful where the arrest memo did not properly disclose the grounds of arrest, the grounds were not shown as an annexure, the place of arrest was omitted, and electronic DIN-backed communication was not established. The Court found the later system-generated form prima facie suspicious and treated these defects as non-compliance with mandatory arrest procedure. On that basis, the detention and remand were declared illegal and unconstitutional, the remand order was quashed, and liberty was given to proceed afresh in accordance with law.
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Statutory maximum penalty under GST cannot be doubled across CGST and SGST for the same contravention.
Case-Laws
GST
Penalty under Section 125 of the GST Act could not be imposed separately under CGST and SGST beyond the statutory maximum for the same contravention. The High Court held that a penalty of Rs. 25,000 under CGST plus a further Rs. 25,000 under SGST was not justified where the provision prescribed a maximum penalty of Rs. 25,000. The original penalty order was therefore unsustainable, and the consequential appellate order also could not stand. Both orders were set aside, and the matter was remanded to the competent authority for fresh consideration in accordance with law.
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Advance ruling barred when the same input tax credit issue was already pending in enforcement proceedings.
Case-Laws
GST
Advance ruling was barred where the same input tax credit question was already pending in enforcement proceedings against the applicant. The Authority held that, under the proviso to section 98(2), an advance ruling cannot be admitted on a question already pending in proceedings under the Act in the applicant's case. Because the jurisdictional authority had already initiated action on admissibility of input tax credit for construction of the hotel building, and the applicant did not dispute that fact, the application was rejected without any ruling on the merits.
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Plastic packing article classification places PP boxes under 39231090 and lids, caps, covers under 39235090.
Case-Laws
GST
Polypropylene packing boxes were treated as plastic packing articles under Chapter 39 because the material used was polypropylene and the manufacturing process produced moulded plastic goods. On that basis, the boxes were classified under heading 3923 and, as they did not fit any more specific sub-heading for boxes, cases or crates, were placed in tariff item 39231090. The associated plastic stoppers, lids, caps and covers were separately classified under the specific sub-heading for plastic closures in heading 3923 and, absent a more specific entry, under tariff item 39235090.
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Common parlance classification keeps laundry soap outside toilet soap entry, so it attracts the higher GST rate.
Case-Laws
GST
Laundry soap was treated as distinct from toilet soap under the common parlance test and the Customs Tariff structure, because toilet soap is for personal cleansing while laundry soap is for washing clothes, and BIS specifications showed material differences in composition and characteristics. Occasional dual use did not change the product identity, so laundry soap could not be brought within the concessional entry for toilet soap. Accordingly, laundry soap bars weighing less than 500 grams were classified under tariff item 34011942 as other soap and attracted GST at 9% CGST and 9% SGST under serial no. 66 of Schedule II, rather than the concessional rate for toilet soap.
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Import of services and place of supply rules determine reverse charge GST on foreign commission and logistics payments.
Case-Laws
GST
Commission paid to a foreign director for marketing and sourcing export orders was held taxable under reverse charge because the director supplied services from outside India, the recipient was in India, and the place of supply under Section 13(2) was India, making it an import of services. Commission paid to foreign marketing agents was held not taxable because they were treated as intermediary services and, under Section 13(8), the place of supply was outside India, so the import of services condition failed. Charges paid to foreign clearing and forwarding agents for arrival, customs clearance and terminal handling services rendered abroad were held taxable under reverse charge as import of services.
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GST appellate filing procedure tightened with committee review, authorization steps, and online defect-cure timelines for departmental cases.
Circulars
GST – States
The circular prescribes the workflow for departmental appeals, cross-objections and replies before the GST Appellate Tribunal and its Principal Bench. It requires zone-wise scrutiny of adverse appellate orders by a committee, opinion by the relevant Joint Commissioner or Additional Commissioner within fixed timelines, and Commissioner authorization before filing. Draft appeal memoranda must be prepared in English at the originating office level, vetted by the State Representative, and filed online with defect rectification ensured. It also sets a mechanism for dropping cases, applies the same procedure where taxpayers file appeals, and assigns representative authority subject to monetary limits, while preserving filing where substantial questions of law arise and superseding earlier instructions.
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Transit State GST powers allow inspection only; detention and penalty cannot be imposed without tax incidence or local supply.
Case-Laws
GST
Under GST, a transit State may intercept, inspect and physically verify goods in movement, but that regulatory power does not extend to detention or penalty where the transaction neither originates in nor terminates in that State and no tax is payable there. Cross-empowerment under the State and Central Acts, read with the IGST framework, operates only between authorities dealing with the same State and taxable transaction; it does not authorise one State's GST officers to penalise an inter-State movement passing through its territory. A valid e-way bill and tax invoice, without any allegation of bogus documents or local supply, require only reporting of any documentation defect to the competent authorities in the relevant originating or destination State.
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Odisha may attract Rs 25,000-30,000 cr in power investments after policy shift
GST
Dated:- 26-5-2026
PTI
Bhubaneswar, May 26 (PTI) Odisha could attract investments worth Rs 25,000-30,000 crore in the power sector over the next six to 12 months after the state moved to align with the Centre's policy on concessional power allocation from thermal plants, an industry body official said.

The state government is set to mandate the supply of 5 per cent of capacity from newly commissioned thermal power plants at variable charges, replacing its earlier policy that required developers to allocate 12-14 per cent of capacity at concessional rates for state consumption.

Industry executives said the earlier policy had discouraged fresh investments despite Odisha's abundant coal reserves and strategic advantages, including port access and skilled manpower availability.

Odisha has all the enabling factors for power sector growth, but the higher mandatory allocation of power at var

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such as Jindal Power, Vedanta, and Adani evaluating opportunities in the state.

According to the industry body, the policy divergence led investors to favour neighbouring Chhattisgarh, which attracted over Rs 1.5 lakh crore in thermal power investments and added more than 16 GW of capacity over the past decade. Odisha, by comparison, saw less than 4 GW of new capacity and investments below Rs 40,000 crore.

Companies, including Jindal Power, Vedanta and Adani Group, are now evaluating investment opportunities in the state, Keshari said.

He said rising project costs had made the earlier concessional supply obligations increasingly burdensome. Thermal power project costs have risen to around Rs 15 crore per MW from about Rs 5 crore earlier, pushing fixed costs to nearly Rs 4 per unit from around Re 1 previously.

As a result, the tariff impact on other consumers from concessional supply obligations has increased to about 55 paise per unit from roughly 14 paise earlier, affectin

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key power investment destination,” he said.

Explaining the financial implications of the earlier policy, Keshari said that thermal power project costs have sharply escalated – from around Rs 5 crore per MW earlier to nearly Rs 15 crore today. Consequently, fixed costs have risen from approximately Re 1 per unit to nearly Rs 4. Under the earlier framework, concessional supply obligations led to a marginal tariff impact of around 14 paise per unit for other consumers. However, at current capital costs, this impact increases significantly to about 55 paise per unit, affecting project viability.

Addressing concerns over potential revenue loss to the state due to its moving to a 5 per cent slab, Keshari described such apprehensions as largely notional.

“In the absence of investment, there is no revenue foregone. Moreover, even with the shift to a 5 per cent allocation, the state's actual receivables remain broadly unchanged given the increase in fixed costs,” he said.

He furthe

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Parallel GST proceedings barred when Central and State authorities overlap on the same contravention; only one may proceed.
Case-Laws
GST
Parallel adjudicatory proceedings on the same GST subject matter are barred once one authority has first initiated action. Relying on the Supreme Court's clarification in Armour Security, the High Court stated that the relevant test is whether the liability, deficiency or obligation arises from the same contravention and overlaps in substance. It directed the petitioner to file responses before the Central and State authorities, and required those authorities to coordinate and decide which of them would proceed further. The result is that only one competent authority may continue with adjudication for the same period and subject matter, avoiding duplication by parallel proceedings.
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GST prosecution without prior assessment not barred; bail granted on completed investigation and documentary evidence.
Case-Laws
GST
Absence of assessment proceedings under Sections 73 and 74 of the CGST Act did not bar criminal prosecution under Section 132, because those provisions concern assessment of the alleged violation and any favourable finding there may only bear on the prosecution. Bail was then granted because pre-trial detention is not punitive, the presumption of innocence continued to operate, the case rested mainly on documentary and electronic material, investigation was complete, the complaint had been filed, the offence was triable by a Magistrate, the maximum sentence was limited, and no exceptional circumstance showed risk of tampering, intimidation, absconding, or subversion of justice.
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Advance ruling appeals: court treats 90-day limit as directory and rejects limitation, locus, and filing objections
Case-Laws
GST
A High Court considered preliminary objections to departmental appeals against an advance ruling and upheld their maintainability. It held that the 90-day period for passing the appellate order under Section 101(2) is directory, operating as an outer time limit and not a jurisdictional bar that nullifies the appeal on expiry. It also accepted the actual dates of communication for limitation purposes, found condonation competent where filed within the extended period, held that separate CGST and SGST officers had statutory appellate locus, and treated manual filing as a procedural issue not defeating the appeal. The Court further rejected estoppel and natural justice objections.
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Regular bail in GST fake-input-tax-credit prosecution granted after completion of investigation and prolonged custody.
Case-Laws
GST
In a GST fake-input-tax-credit prosecution under Section 132(1)(b) and 132(1)(c) of the CGST Act, the HC granted regular bail after noting that investigation was complete, the complaint had been filed, charges had been framed, and the rival allegations were matters for trial. The Court also considered the petitioner's custody of about six months and the likelihood of a prolonged trial. On that basis, it found a case for bail while leaving the merits of the accusations to be decided at trial, subject to furnishing bail and surety bonds to the satisfaction of the trial court or Duty Magistrate.
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Confiscation jurisdiction fails where tax liability is undetermined and the show cause notice is issued without lawful authority.
Case-Laws
GST
The HC held that a writ petition can be entertained at the show cause notice stage where the notice is alleged to be without jurisdiction, and rejected the objection to maintainability on that basis. It further held that confiscation proceedings under Section 130 of the Act, 2017 cannot be initiated before determination of tax liability under Sections 73 or 74, and that a notice under Section 130 cannot rest on an alleged breach of record-keeping requirements under Section 35 alone. The impugned show cause notice and consequential confiscation order were therefore quashed, with liberty to the department to proceed afresh in accordance with law and the refund claim left open.
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Statutory appellate remedy preserved after portal glitch, with fresh filing permitted and delay condoned
Case-Laws
GST
The High Court declined to examine the merits of the challenge to the show cause notice and ex parte adjudication order, holding that the petitioner had already attempted to pursue the statutory appellate remedy and had made the required pre-deposit. As the appeal could not be uploaded on the portal because of a technical glitch, the Court directed the petitioner to file the appeal afresh under the proviso to Rule 108 of the CGST Rules, 2017, permitted all grounds to be raised before the appellate authority, and condoned the delay in filing. The writ petition was disposed of in favour of pursuing the statutory remedy.
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Absence of Document Identification Number invalidates assessment order; delayed writ entertained subject to partial tax deposit.
Case-Laws
GST
Absence of a Document Identification Number in the assessment order was treated as an inherent defect going to the validity of the order itself, and the High Court set it aside on that ground, following earlier decisions. The matter was remanded to the Assessing Officer for fresh consideration after granting the assessee an opportunity of hearing. On the delayed writ challenge, the Court did not finally decide the service dispute but accepted that practical difficulties in the GST portal regime and the patent irregularity in the order justified consideration of the petition, subject to deposit of 20% of the disputed tax, with adjustment of amounts already paid or recovered.
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Mandatory pre-show cause intimation under Rule 142(1)(A) is required; non-compliance vitiates the assessment order.
Case-Laws
GST
Mandatory pre-show cause intimation under Rule 142(1)(A) was not issued before initiation of the assessment proceedings, and that fact was undisputed. Applying the earlier Division Bench ruling on the same point, the HC held that such non-compliance vitiates the assessment order and requires it to be set aside. The impugned assessment for the relevant financial year was accordingly quashed, and the matter was remanded for fresh assessment in accordance with law, subject to deposit of 20% of the disputed tax within the time granted.
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GST recovery and appellate delay: failure to consider Section 14 exclusion vitiated dismissal, and pre-deposit stayed recovery.
Case-Laws
GST
The High Court dealt with GST recovery and appellate limitation issues arising from a rectified demand order. It held that an appeal dismissed only on delay was vitiated because the appellate authority had not examined whether time spent prosecuting a writ petition could be excluded under Section 14 of the Limitation Act; the dismissal was quashed and the matter remanded for fresh consideration on that limited point, with merits and limitation left open. It also held that once the statutory appeal is filed and the pre-deposit under Section 107(6) is made, recovery of the balance demand remains stayed under Section 107(7), so the recovery order could not stand and was quashed.
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Judicial review of arrest under special statutes is limited to compliance with safeguards, not sufficiency of evidence.
Case-Laws
GST
Judicial review of arrest under special statutes is limited to examining compliance with statutory and constitutional safeguards, not the sufficiency of the material supporting the arresting authority's belief. On the record, the Court noted that reasons to believe and grounds of arrest were documented, digitally signed, served in Hindi, and acknowledged, while arrest intimation was also communicated to the petitioner's wife; it therefore found no violation of Articles 21 or 22. The remand order was upheld because the Magistrate expressly recorded compliance with Sections 47 and 48 of the BNSS and found the arrest justified, so the objection that it was non-speaking or contrary to natural justice failed.
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Composite tax assessment orders covering multiple financial years are invalid; separate year-wise proceedings are required.
Case-Laws
GST
A single show-cause notice or composite assessment order cannot validly cover more than one tax period once the annual return due date has been reached; each financial year must be adjudicated separately. Applying an earlier Division Bench view, the HC set aside the impugned Order in Original because it covered four financial years in one order. The matter was remitted for fresh proceedings year-wise, with liberty to initiate separate proceedings for each assessment year, and the intervening period was directed to be excluded for limitation. All other grounds of challenge were left open.
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HIGHLIGHTS
GST
Dated:- 25-5-2026
PTI
New Delhi, May 25 (PTI) Following are the top stories at 9.15 pm: NATION DEL88 JK-GONDOLA – 4TH LD TOURISTS (9.12 PM)

Over 300 tourists rescued in 7-hr operation after Gulmarg Gondola malfunctions amid heavy rain Srinagar: Over 300 tourists were left stranded mid-air for hours inside 65 cabins of the famous Gulmarg Gondola cable car after a major technical snag halted Asia's highest ropeway, causing panic among the holidayers before they were rescued.

DEL82 RUBIO-RACISM-LD-ROW (8.23 PM)

Rubio downplays anti-India rhetoric row, says Trump is a 'big fan' of Modi New Delhi: President Donald Trump is a big fan of India and Prime Minister Narendra Modi, US Secretary of State Marco Rubio said on Monday, seeking to dismiss allegations of rising anti-India rhetoric in the US.

DEL79 WASIA-IRAN-MISRI (8.13 PM)

Iran's deputy foreign minister dials Misri to discuss West Asia situation New Delhi: Iran's Depu

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ismatch in the On Screen Marking (OSM) system.

DEL83 MEA-JAISHANKAR-MOTEGI (8.39 PM)

EAM Jaishankar holds talks with Japanese counterpart Motegi New Delhi: External Affairs Minister S Jaishankar and his Japanese counterpart Motegi Toshimitsu on Monday held wide-ranging talks focusing on economic fallout of the West Asia crisis in view of disruptions in energy supply chains.

CAL52 AS-BHUTAN-LD PM (8.54 PM)

Bhutan PM discusses regional cooperation issues with Assam governor, CM Guwahati: Bhutan Prime Minister Dasho Tshering Tobgay met Assam governor and chief minister on Monday, and discussed with them ways to enhance cooperation with India's northeastern region.

DEL80 PADMA-LD AWARDS (8.13 PM)

President confers 66 Padma Awards; actor Dharmendra, violinist N Rajam honoured New Delhi: President Droupadi Murmu on Monday conferred the Padma Vibhushan on Bollywood actor Dharmendra posthumously and classical musician and violinist N Rajam at a Civil In

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ran, asks Kejriwal New Delhi: After petrol and diesel prices were increased for the fourth time in less than two weeks on Monday, AAP national convenor Arvind Kejriwal questioned Prime Minister Narendra Modi over the Centre not buying fuel from Russia and Iran.

DEL18 CBI-TWISHA (12.08 pm)

CBI set to take over Twisha Sharma probe, team sent to Bhopal New Delhi: The CBI is set to take over the investigation into the death of Twisha Sharma, who was found hanging at her marital home in Bhopal's Katara Hills area on May 12, officials said on Monday.

LEGAL LGD30 SC-LD TWISHA SHARMA (12.36 PM)

Twisha Sharma death: 'Pained' by narrative that judiciary was shielding accused, says SC New Delhi: Observing that it was “pained” by the narrative that the judiciary was shielding the accused, the Supreme Court on Monday said it would ensure a fair, independent, and impartial CBI probe into the death of former model-turned-actor Twisha Sharma.

LGD47 SC-LD NEE

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said the government had foregone more than Rs 1 lakh crore annually in tax revenues through excise duty cuts on petrol and diesel to shield consumers from fuel inflation triggered by the West Asia conflict, while defending the latest retail fuel price hikes as market-driven revisions by oil marketing companies responding to soaring global crude oil prices.

FOREIGN FGN27 US-TRUMP-IRAN (8.13 PM)

Trump says Iran talks progressing 'nicely', asks mediators to join Abraham Accords Washington: US President Donald Trump on Monday said negotiations with Iran to end the war were progressing “nicely”, but officials pointed out that a final decision may take some time due to the complex communication networks Tehran deploys to consult with its supreme leader. By Sagar Kulkarni

FGN6 AUS-IND-WONG (9.29 AM)

Australia’s Foreign Minister Penny Wong to visit India to attend Quad meet Canberra: Australia's Minister for Foreign Affairs Penny Wong is set to travel to

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Govt forwent Rs 1 lakh cr via excise duty cuts to shield consumers from fuel inflation: FM
GST
Dated:- 25-5-2026
PTI
Mumbai, May 25 (PTI) Finance Minister Nirmala Sitharaman on Monday said the government had foregone more than Rs 1 lakh crore annually in tax revenues through excise duty cuts on petrol and diesel to shield consumers from fuel inflation triggered by the West Asia conflict, while defending the latest retail fuel price hikes as market-driven revisions by oil marketing companies responding to soaring global crude oil prices.

Petrol and diesel prices have been hiked by almost Rs 7.5 per litre in four installments since mid-May as oil companies moved to bridge the gap between cost and retail price that had widened

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akh crore aligned with the government's expectations, especially given the current need for support, the minister stated that the calculations follow a very clear formulation.

“A committee had looked into it, and based on that RBI does its annual calculation and gives the dividend to the government. And it is on that basis it has come. I fully trust the RBI in having made its calculation and given the dividend that it has given,” she added.

On managing the oil price rise amid global challenges she said the situation will be closely monitored.

“These increase in prices are not minor, all this will have to be paid through foreign exchange only. So, these are going to be challenges, but I'm confident….we will be able to handle t

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are embedding sustainability requirements into their sourcing criteria. Buyers want traceability. They want certified organic or recycled fibres, reduced water consumption, lower carbon footprints and fair labour practices. Our exporters who adapt early to these requirements will thrive,” she added.

The minister also said that artificial intelligence and automation are transforming the global textile industry.

“Robotic sewing, AI-driven demand forecasting, digital printing, smart manufacturing, all of these are all reducing the labour cost advantages. We must invest in technology, not just to compete on cost, but to compete on capability and standards,” Sitharaman added. PTI SM ANU ANU

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News – Press release – P

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Binding advance ruling bars contrary show cause notice; writ jurisdiction available despite alternative remedy
Case-Laws
GST
A show cause notice issued in disregard of a binding and unchallenged advance ruling was treated as non-est because the ruling had attained finality between the parties and remained operative under the CGST framework. The Court held that, where the invalidity of the notice was apparent on the face of the record, the petitioner was not required to first reply to the notice or pursue the statutory remedy. It therefore exercised writ jurisdiction under Article 226 and quashed the notice as lacking foundation.
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Effective notice under GST requires more than portal-only service after registration cancellation; adverse orders were quashed.
Case-Laws
GST
Portal-only service of a show cause notice after cancellation of GST registration was held insufficient to satisfy effective notice and fair opportunity requirements. The Court applied the principle of audi alteram partem and relied on earlier High Court rulings to hold that a taxpayer whose registration had already been cancelled could not be expected to keep monitoring the GST portal alone. On that basis, the adjudication and appellate orders were quashed, with liberty to the Revenue to restart proceedings from the stage of show cause notice and to grant a personal hearing if sought.
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