Goods and Services Tax

GST rate and classification clarifications and guidance on services apply to Odisha GST implementation with necessary adaptations.
Circulars
GST – States
CBIC circulars clarifying GST rates and classification of certain goods and the applicability of GST to certain services apply, with necessary adaptations, to implementation of the Odisha Goods and Services Tax Act, 2017. The circulars are clarificatory and are applied to ensure uniformity. Implementation difficulties may be brought to the attention of the state tax commissioner.
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GST inspection payments: missing acknowledgment and unconsidered refund representation result in refund and permission for manual appeals.
Case-Laws
GST
Non-issuance of a Form GST DRC-04 acknowledgment for GST payments made during inspection rendered the proceedings concluded in Form GST DRC-05 invalid. The representation disputing the payments and seeking a refund had not been considered. Delay in submitting it did not alone justify rejecting the claim, given the family wedding coinciding with the inspection and related customary formalities. The orders were set aside, and refund of IGST, CGST and SGST was directed within eight weeks of receipt of the order. Manual appeals were permitted within twelve weeks.
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Family-member surety requirements can be modified when inability to comply prevents release despite bail and affects personal liberty.
Case-Laws
GST
The benefit of bail cannot be denied merely because an accused cannot furnish the bail bond in the prescribed manner, as withholding it on that ground affects the right to personal liberty under Article 21 of the Constitution. Where a family-member surety requirement prevents release, it may be modified to permit two local solvent sureties and additional cash security. The security is to be held in an interest-bearing account at a nationalised bank, renewable until conclusion of the trial and subject to its final outcome. The remaining bail conditions stay intact.
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Principal-to-principal overseas services qualify as exports when statutory conditions are met, supporting input tax credit refunds.
Case-Laws
GST
Intermediaries arrange or facilitate supplies for others, while services supplied on a principal-to-principal basis on the supplier's own account are not intermediary services. Such services to overseas group entities qualify as exports where the recipient and place of supply are outside India, payment is received in convertible foreign exchange, and the Indian supplier and foreign recipient are separately incorporated. Qualifying exports support refunds of unutilised input tax credit with statutory interest. Principal Bench jurisdiction applies to refund appeals involving place of supply, including where intermediary status determines it. Refund rejection grounds must be specified in the show-cause notice and appellate findings reasoned; inadequately communicated grounds violate natural justice.
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Railway construction GST concessions require a qualifying composite works contract, not merely services supplied to the railways.
Case-Laws
GST
The concessional 12% GST rate for railway construction requires a composite supply of works contract relating to immovable property. Classification as construction services or supply to the railways alone does not establish eligibility. For railway earthwork, bridge and allied services, invoices described general construction services and a qualifying composite works contract was not established. The services attracted 18% GST rather than the concessional rate.
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Delayed GST refund interest remains payable despite electronic credit ledger payment or payment exceeding the statutory pre-deposit.
Case-Laws
GST
Section 56 provides for interest where an admissible GST refund is not granted within 60 days of receipt of the refund application. Interest cannot be denied solely because disputed tax was paid through the Electronic Credit Ledger and the debited input tax credit was restored through FORM GST PMT-03 after the demand was set aside. Sections 107(6) and 107(7) prescribe minimum payments for an appeal and the statutory stay of recovery, not a ceiling on payment. Paying the entire disputed demand does not waive entitlement to otherwise payable statutory refund interest.
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Suppressed outward supplies require transaction-wise verification and reasoned findings before diary entries can support tax and penalty determinations.
Case-Laws
GST
Suppressed outward supplies cannot be established by aggregate diary figures without a demonstrable factual basis. A reasoned determination requires identification and entry-wise examination of relevant transactions, reconciliation with accounts and statutory returns, and consideration of the taxpayer's explanations and supporting evidence. Missing invoices or books during investigation do not alone establish suppression; subsequently produced invoices and claims of disclosure in GSTR-1 also require verification. Consequential tax and penalty must be determined through a reasoned decision after a reasonable opportunity of hearing.
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Incomplete or expired e-way bills without valid explanation attract penalties despite matching invoices and asserted absence of tax evasion.
Case-Laws
GST
Incomplete or expired e-way bills can attract a penalty under Section 129(3) when goods are transported without a valid explanation. A valid e-way bill requires completed Parts A and B, including vehicle particulars. The registered person causing movement remains responsible for valid transit documentation despite transporter negligence. Compliance must exist at interception; later updates to vehicle details or disclosure in GSTR-1 returns do not cure the breach. Matching goods and invoices, or an asserted absence of intent to evade tax, do not justify waiver where the documentation defaults lack a substantiated explanation.
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Bunched export refund appeals require a Division Bench when their combined value exceeds the ceiling or legal interpretation arises.
Case-Laws
GST
For bunched appeals, Section 109(8) of the CGST Act, read with Rule 110A of the CGST Rules, permits placement before a Single Member Bench only with the President's approval, if their cumulative value does not exceed Rs. 50 lakh and no question of law arises. Rejection of an IGST refund is a denial of entitlement, rather than a determination against the taxpayer of tax, input tax credit, fine, fee or penalty under that provision. Whether the amending notification is curative and retrospective or substantive and prospective raises a question of law requiring Division Bench consideration. Retrospective operation and refund entitlement remain to be determined on merits.
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Paper bags made from kraft, greaseproof and glassine paper attract concessional GST, with input tax credit subject to conditions.
Case-Laws
GST
Kraft, greaseproof and glassine paper bags made using adhesive glue fall under HSN 48194000 as other sacks and bags, including cones, within heading 4819. They are not covered by the specified GST exemption notifications and attract GST at 5% under Entry 319 of Schedule I, comprising 2.5% central tax and 2.5% state tax. Input tax credit on inputs and input services used to manufacture these taxable bags is available subject to the conditions in section 16 of the CGST and TNGST Acts.
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Unaccounted tobacco stock found during survey attracts tax determination instead of direct confiscation, penalty and fine.
Case-Laws
GST
Unaccounted tobacco stock discovered during a survey is subject to tax determination under sections 73 or 74 of the CGST/UPGST Act rather than direct confiscation, penalty and fine under section 130. Section 35(6), read with section 35(1), permits the proper officer to determine tax on unaccounted goods as if they had been supplied. A departmental appeal under section 112 against a rectification that merely corrects an omission in an appellate order is not maintainable when the original appellate order remains unchallenged.
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Expired e-way bills and vehicle number mismatches can attract transport penalties where circumstances establish an intention to evade tax.
Case-Laws
GST
An expired e-way bill is treated as no e-way bill for transport under section 129(1) of the CGST/UPGST Acts read with rule 138 of the CGST Rules. Fiscal penalties are civil liabilities and do not require mens rea unless the provision incorporates it, but the department must show an intention to evade tax under section 129, which may be inferred from surrounding circumstances. An incomplete e-way bill raises a rebuttable presumption of that intention. Penalty applied where Part-B showed a different vehicle number and the breakdown explanation lacked reliable contemporaneous support, although the goods, invoice and consignment note were otherwise in order.
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Departmental appeal limits permit discretionary exceptions, while penalties for technical e-way bill lapses in genuine transactions require evasion intent.
Case-Laws
GST
The monetary limit for departmental appeals does not apply where the State Tax Commissioner considers a contest necessary in the interests of justice or revenue. That opinion cannot be challenged, and the Commissioner need not state reasons. For a technical failure to complete e-way bill Part B in an otherwise genuine transaction, penalty under section 129 requires an intention to evade tax supported by material and reasoned findings. Genuine documents accompanying the goods can rebut a presumption of evasion; a pre-movement e-invoice can disclose the transaction on the portal and auto-populate GSTR-1.
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GST invoice penalties require evidence review and an effective hearing where material transaction facts need further verification.
Case-Laws
GST
GST penalties for invoices without actual supply require collective assessment of contemporaneous records. Absence of stock at premises vacated before inspection cannot alone establish fictitious trading, while assertions of past trading do not establish genuineness. Subsequent cancellation of a supplier's registration requires verification of its status during the transactions and whether supplies were made. Books and supporting evidence must be examined, including whether the taxpayer substantiated the transactions. An ex parte penalty order is not set aside merely because the taxpayer was absent; reconsideration with an effective hearing and a reasoned order is warranted where material factual questions require further verification.
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Non-consecutive GST invoice numbers alone do not justify detention or severe penalties for documented transactions without tax evasion.
Case-Laws
GST
Non-consecutive invoice numbering under rule 46(b) is a technical irregularity that does not by itself make a duly documented movement of goods unlawful or untaxed. Detention and penalty under section 129(3) are not justified for a bona fide numbering lapse where transport documents are valid, the goods match their recorded quantity and description, and no tax evasion or revenue loss is established. Section 125 is the potential general penalty route for such an infraction, although the required deliberate non-compliance was absent. The transaction between registered dealers was recorded in their accounts and was revenue-neutral.
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Transitional CENVAT credit survives portal-related filing delays, while fraud demands and penalties require evidence and proper notice.
Case-Laws
GST
Transitional CENVAT credit under section 140(1) remains available where an undisputed balance is declared in a timely TRAN-1 and an outstanding ER-1 return is filed at the first available opportunity after departmental portal failures prevented timely filing. Such filing constitutes substantial compliance; procedural requirements cannot defeat substantive credit when compliance is impossible for reasons beyond the taxpayer's control. Section 75(7) confines adjudication to the grounds in the show-cause notice, so a fraud-based penalty cannot be imposed when the notice proposes only a non-fraud penalty. A demand under section 74(1) requires evidence of fraud, wilful misstatement or suppression to evade tax; disclosed portal difficulties and unsupported allegations do not establish those grounds.
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Input tax credit mismatches and incorrect tax-head reporting do not by themselves justify denial when eligibility is established.
Case-Laws
GST
Mismatches between Form GSTR-3B and Form GSTR-2A warrant verification but do not alone establish failure to meet the supplier tax payment condition. Reflection of IGST in GSTR-2A, bank evidence of payment inclusive of tax, and reconciliation can discharge the recipient's burden where no material showing supplier non-payment is produced. Verification certificates under the relevant circular are not additional eligibility conditions; its specified mismatch scenarios do not apply where IGST is reflected in GSTR-2A. Inadvertently reporting otherwise admissible IGST credit under CGST and SGST heads is a reporting error, not wrong availment. Provisions governing tax paid under an incorrect head do not prescribe an exclusive remedy for recipient credit. Where appellate relief makes a statutory pre-deposit refundable, interest runs from payment until refund, even without a specific request.
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Kraft paper bag classification and GST rates: qualifying bags attract concessional tax with conditional input tax credit.
Case-Laws
GST
Unbranded kraft paper bags without handles and with a base width below 40 cm fall under tariff item 48194000 as other sacks and bags, rather than the entry for bags with a base width of 40 cm or more. They are not covered by the specified GST exemptions. Kraft paper bags manufactured using adhesive glue attract GST at 5% under entry 319 of Schedule I, which covers paper sacks and bags as well as biodegradable bags. Input tax credit on inputs and input services used in manufacture is available subject to the conditions in section 16 of the CGST and TNGST Acts.
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GST exemptions for government-facing incubation services depend on recipient status, while enterprise-support funds and incubator recognition affect tax treatment.
Case-Laws
GST
GST exemptions requiring supply to the Government do not extend to government societies. Consultancy to establish incubators for a rural livelihoods society does not directly perform functions under Article 243G; the claimed government-recipient exemptions are unavailable, and the consultancy attracts GST at 18%. Incubation and capacity building form a composite supply, with incubation and enterprise development as the principal supply. Under the contractual arrangement, enterprise-support grants and loans form part of taxable value; passing them on to enterprises alone does not establish a pure-agent exclusion. That exclusion requires written authorisation, actual-cost recovery, separate invoicing and no ownership or benefit to the supplier. The technology business incubator exemption applies only from the effective date of NSTEDB recognition, subject to its conditions.
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GST exemption for examination services covers printing, scanning, result processing and associated delivery supplied to educational institutions.
Case-Laws
GST
Examination-related printing using content supplied by educational institutions is a composite supply of services under Heading 9989, with printing as the principal supply and paper as an ancillary input. The institutions retain ownership and usage rights in the content, while the supplier provides the physical inputs. GST exemption applies to services supplied to educational institutions in relation to conducting examinations, including printing question papers, hall tickets, OMR sheets and answer booklets. Post-examination scanning, result processing and printing of marksheets and certificates also qualify, as does associated transportation and delivery.
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Advisory on Key Changes in the GST Registration Amendment Process
GST
Dated:- 2-11-2026

Vide Notification No. 05/2026-Central Tax Dated: 26.10.2026, Rule 21 of Central Goods and Services Tax Rules, 2017, the provisions relating to amendment of registration under Rule 19 of the CGST Rules, 2017 have been substituted. The corresponding changes have been implemented on the GST portal.

1. Amendment of Principal Place of Business

• In case of amendment relating to the Principal Place of Business (PPOB), the application will continue to be examined by the Proper Officer in accordance with Rule 19 of Central Goods and Services Tax Rules, 2017.

2. Amendment of other registration particulars

Taxpayers are advised

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tner/Director/Karta/Member/Trustee, etc., is mandatory.

• The said online verification of the mobile number and email address (OTP verification), can be done through the Common Portal using the following link:https://services.gst.gov.in/services/otpVerification which can also be accessed through: Services->Registration->OTP verification of GSTIN.

• A period of 3 days from the date of submission of the application will be provided for completing the prescribed OTP verification. If verification is not completed successfully within this period, the Application Reference Number (ARN) will not be generated.

• PAN, Director Identification Number (DIN) and Corporate Identification Number (CIN), wherever appli

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Advisory on Enhancements Related to Composition Levy Functionality under GST
GST
Dated:- 2-11-2026

Some changes have been introduced on the GST portal for taxpayers registered under or opting for, the Composition Scheme. These changes will apply to applications filed through Form REG-01, CMP-02, CMP-04 and REG-14.

• Introduction of New Composition Category

A new category has been introduced for composition taxpayers: “Person eligible for composition levy under Section 10(2A)”

Accordingly, taxpayers will now have the following options related to composition scheme:

Option A (Existing categories – multiple selections allowed)

• Manufacturers, other than manufacturers of such goods as may b

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Advisory on the Revised Process for Approval of Registration Cancellation application under Form GST REG-16
GST
Dated:- 2-11-2026

The self-cancellation process has been revised to incorporate system-based validations and facilitate the electronic approval of cancellation of registration, subject to the fulfilment of the prescribed conditions as per rule 20 of the Central GST Rules, 2017. The revised process is outlined below:

• Validation of Due Returns: The system will verify whether the taxpayer has filed all applicable returns that are due to be furnished on or before the effective date of cancellation specified in Form GST REG-16. The application for cancellation can be submitted only if all such returns have b

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will be assigned to the jurisdictional tax officer for further action.

• Filing of Returns Within the Prescribed Timelines: If the taxpayer furnishes the required returns within the prescribed timelines, the application will be processed as follows:

a. Composition Taxpayers, Non-Resident Taxable Persons (NRTPs), OIDAR Taxpayers and Input Service Distributors (ISDs): Registration will be cancelled through electronic approval without officer intervention.

b. Regular, Casual and SEZ Taxpayers: The system will check the output tax liability (OTL) for each tax period, as follows:

• OTL of Rs.2.5 lakh or less for each tax period: Registration will be cancelled through electronic approval without officer interventio

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Advisory on Important Changes in FORM GST REG-01 for GST Registration
GST
Dated:- 2-11-2026

Taxpayers intending to obtain registration under GST are hereby informed that FORM GST REG-01 has been revised on GST portal to incorporate certain changes in the registration application process. The revised form introduces additional information requirements and standardises the documentary requirements relating to constitution of business, principal and additional places of business and other registration particulars.

The important changes are highlighted below for the information and guidance of taxpayers:

1. Constitution of Business: One Person Company (OPC) has been introduced as a separate category under the constitution of

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, where applicable, details of their authorised representative.

4. Existing Registrations: The particulars of existing registrations required to be furnished in the application have been revised. The revised form specifically provides for disclosure of GSTIN, Professional Tax Registration Number and Professional Tax Enrolment Registration Number, along with other applicable registration particulars.

5. Principal Place of Business (PPoB) and Additional Place of Business (APoB): The classification of possession of business premises has been revised and standardised. Separate categories have been provided for owned premises, premises in the name of a deceased ancestor, rented/leased premises, consent-based premises, co-working spaces and

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Details of up to 10 bank accounts may be reported. Where bank account details are not available at the time of application, the same are required to be furnished within 30 days from the date of issuance of the registration certificate in FORM GST REG-06.

8. DIN of Designated Partners: In case of a Limited Liability Partnership (LLP), the Director Identification Number (DIN) of the designated partners is required to be furnished in the registration application.

9. Online Validation of Identification Numbers: The Corporate Identification Number (CIN), Foreign Company Registration Number (FCRN), Limited Liability Partnership Identification Number (LLPIN) and Foreign Limited Liability Partnership Identification Number (FLLPIN), wherever a

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GST appeal monetary limits bind tax officers, with composite-order aggregation and exceptions for recurring or interpretative issues.
Notes
GST
GST departmental appeal monetary limits bind Central tax officers but do not automatically bar adjudication of appeals below the threshold. The limits are Rs. 20 lakh for the GST Appellate Tribunal, Rs. 1 crore for the High Court and Rs. 2 crore for the Supreme Court, subject to specified exclusions. The disputed amount is calculated according to the nature of the dispute; for a composite order, relevant amounts are aggregated across the appeals or demand notices it disposes of. Specified recurring or interpretative issues may be excluded, but the Department should identify and support the applicable exclusion. Exceeding a limit does not automatically justify an appeal: its merits and the objectives of reducing litigation and providing certainty must also be considered. Non-filing under the policy does not establish acquiescence or prevent an appeal on similar issues elsewhere.
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