Goods and Services Tax

Assignment of leasehold rights may fall outside GST when the lessee completely divests its immovable-property interest.
Notes
GST
GST treatment of leasehold transfers depends on whether the transaction is an original grant, sub-lease, or complete assignment. An original grant of a lease, tenancy, easement or licence to occupy land is classified as a supply of services; qualifying long-term industrial leases may receive the stated exemption for upfront amounts. A complete assignment, where the outgoing lessee transfers the whole residual term, possession, building and associated benefits and retains no reversionary or possessory interest, may constitute transfer of an immovable-property interest rather than a taxable service. Consideration labels are not decisive; the deed, lessor consent, assignee substitution and future rent obligations determine characterisation. Sub-leases or continuing occupation arrangements remain susceptible to GST.
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Concurrent investigation of MGST fraud and distinct BNS offences remains permissible despite special tax procedures.
Case-Laws
GST
MGST offences may be investigated alongside distinct BNS offences arising from the same fraudulent GST transactions. Special-enactment offences remain subject to the Code unless the MGST framework expressly provides otherwise; tax-officer powers and police-assistance provisions do not themselves prohibit police investigation. Parallel prosecution under the MGST regime and general penal law is permissible where each statute addresses distinct offences, while double punishment for the same offence remains barred. On that basis, the FIR alleging both MGST and BNS offences was not quashed and the criminal writ petition was dismissed.
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Input tax credit allegations against a purported non-existent supplier required fresh consideration of transaction genuineness.
Case-Laws
GST
GST registration cancellation founded on alleged input tax credit from a non-existent or fake supplier requires a meaningful opportunity to establish transaction genuineness where supporting material can be produced. The initial show cause notice remained undisturbed because no recorded response or timely vagueness objection was shown. Cancellation, revocation and appellate orders were set aside, and proceedings returned to the original authority for a fresh response and examination of supporting documents. Registration must be restored if transaction genuineness is established.
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Omission of Rule 96(10) invalidates refund-recovery demands unless a saving provision expressly preserves pending proceedings.
Case-Laws
GST
Omission of Rule 96(10) of the CGST Rules, without a saving provision or legal fiction preserving pending proceedings, prevents continuation of recovery action for allegedly erroneous refunds founded on that omitted rule. Because the show-cause notice did not aver any enabling provision, the High Court quashed the demands under Issues 1 and 2. The writ petition was partly allowed, while the remaining issues were left for response and determination in accordance with law.
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GST registration of rented business premises cannot depend on unresolved title disputes and requires fair, document-based verification.
Case-Laws
GST
GST registration of a rented additional place of business must be assessed by verifying the premises, the applicant's business use or storage, and prescribed occupancy documents; ownership disputes, third-party complaints, and absence of a civil decree cannot be made conditions for registration. For rented premises, a rent or lease agreement and specified ownership-supporting documentation are required, but conclusive title proof or an original lease held by a civil court is unnecessary; deficiencies must be specifically notified. Reliance on undisclosed post-hearing third-party material and failure to address material documents breach natural justice and reasoned decision-making. Rejection and appellate action were set aside, with limited remand for fresh verification without deciding title or lease validity.
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Input tax credit mismatches cannot defeat verified prior-year supplies, while defective notice and unreasoned appeal orders fail.
Case-Laws
GST
Input tax credit for genuine inward supplies from FY 2018-19, inadvertently omitted from corresponding returns, remained available when claimed in the April 2019 GSTR-3B within the then-permitted rectification period. At that time, GSTR-2A was facilitative; therefore, a GSTR-2A/GSTR-3B mismatch alone could not support reversal once the underlying supplies and credit were verified. Effective notice and a personal hearing were mandatory before an adverse GST decision. Notices placed only in a secondary portal tab, without hearing particulars, and orders issued on uncommunicated dates breached natural justice. Failure to consider appeal grounds and evidence or give reasons also invalidated the appellate decision. The demand and consequential orders were set aside.
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Inverted duty structure refunds cover higher-taxed tea packaging inputs, and departmental circulars cannot curtail statutory entitlement.
Case-Laws
GST
Accumulated input tax credit on higher-taxed packaging materials, containers and printed flexible packaging used for packaged tea qualifies for inverted duty structure refund where those inputs bear a higher tax rate than the output supply. Equal tax treatment of bulk tea and packaged tea does not negate the refund where the packaging inputs themselves create the rate inversion. A departmental circular addressing reductions in tax rates on the same goods over time does not apply to this circumstance and cannot restrict a refund otherwise available under the Act. The sanctioned refund is consequently payable.
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Credit notes reducing taxable turnover must be deducted when calculating inverted duty structure refunds for returned or rejected supplies.
Case-Laws
GST
Credit notes issued within the prescribed period for rejected or returned supplies reduce taxable turnover because the returned goods no longer form part of the supply. Verified by a Chartered Accountant's certificate, GSTR-1 statements and voucher register, the notes were deductible from gross turnover in determining adjusted total turnover under Rule 89(5) for an inverted duty structure refund of accumulated input tax credit. The Tribunal upheld the deduction and dismissed the Revenue's appeal.
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Inverted duty refunds cover higher-taxed ancillary inputs despite common HSN classification of principal inputs and finished goods.
Case-Laws
GST
Refund of accumulated input tax credit under an inverted duty structure depends on whether input taxes exceed the tax rate on output supplies under Section 54(3)(ii). The comparison is not confined to the principal raw material and may include ancillary business inputs taxed at higher rates. Common HSN classification of raw materials and finished goods does not by itself establish that they are the same goods. CBIC circulars addressing rate reductions on identical goods at different times, including concessional supplies, do not restrict a statutory refund where those circumstances are absent.
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Show-cause notice limits in GST registration cancellation prevent input tax credit demands through restoration conditions.
Case-Laws
GST
GST registration cancellation must remain confined to the grounds stated in the show-cause notice. Where the notice alleges non-existence at the declared business premises, cancellation cannot instead rest on alleged wrongful availment of input tax credit; cancellation on that distinct, unstated ground is unsustainable and was revoked. Input tax credit liability also cannot be determined through appellate restoration conditions. Any proposed reversal or payment of disputed credit requires a prescribed notice, adjudication and meaningful opportunity to contest. A conditional cash-deposit requirement and automatic-void clause attached to restoration were unsustainable, while fresh proceedings for alleged wrongful credit remained available in accordance with law.
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Specified-recipient condition for GST exemption defeats sub-contracted manpower claims where services are supplied to private contractors.
Case-Laws
GST
GST exemptions for sub-contracted manpower supply under Serial Nos. 3 and 3A require the supply to be made directly to a specified Government recipient. Supply to a private principal contractor does not meet that condition merely because the contractor executes a State water-supply project or the ultimate beneficiary is governmental. The recipient requirement applies independently; characterisation as a pure service connected with a constitutional function or as a qualifying composite supply cannot cure its absence. The claimed exemptions were denied, the advance ruling was upheld, and the supply remained taxable under the applicable classification and rate provisions.
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Anticipatory bail for alleged GST fund misappropriation and forged payment records was denied due to the conduct's seriousness.
Case-Laws
GST
Pre-arrest bail was considered unavailable for alleged misappropriation of funds entrusted for GST payments and alleged use of fabricated GST payment documents. Substantial sums received for GST payment were allegedly not deposited through the GST portal, while forged forms were allegedly produced to create a false appearance of payment. The seriousness of the alleged conduct, involving entrusted funds and fabricated GST records, was treated as sufficient to deny anticipatory protection.
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Quasi-judicial disposal of GST appeals requires hearing and reasoned orders, barring mechanical rejection through system-generated acknowledgements.
Case-Laws
GST
Statutory GST appeals, including delayed appeals accompanied by condonation applications, require quasi-judicial consideration by the Appellate Authority. Mechanical rejection by an office or through a system-generated acknowledgement, without a hearing and a reasoned speaking order, is unsustainable. Reasons demonstrate application of mind, permit the aggrieved party to challenge the decision, and enable judicial review. Rejected appeals were restored for fresh consideration with any condonation applications after hearing, while the challenge to the circular remained open.
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Statutory limits on GST appeal delays remain binding, but restored registrations left departmental challenges without effective relief.
Case-Laws
GST
Section 107 confines the First Appellate Authority's power to condone delay in GST registration-cancellation appeals to the prescribed outer limit; condonation beyond that limit, and the resulting allowance of taxpayers' appeals, is without jurisdiction. Fact-specific relief granted by a High Court under Article 226 cannot enlarge the statutory appellate authority's jurisdiction. However, after the Department implemented the appellate orders by restoring GST registrations, it altered the taxpayers' legal and commercial position. As no effective or workable relief could then follow from annulling those orders, the departmental appeals were infructuous and not maintainable.
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Annual Returns in the form of GSTR-9/9C for FY 2025-26
GST
Dated:- 14-10-2026

Annual Returns in the form of GSTR-9/ 9C for FY 2025-26 have been enabled on the GST portal from 8th October 2026. Please ensure that all returns (GSTR 1 and GSTR 3B) for FY 2025-26 are filed to enable the tile of GSTR-9/9C. Further, in case of any assistance in filing the Annual Returns, the taxpayers are advised to raise a ticket on GSTN helpdesk at

https://selfservice.gstsystem.in/.

Thanks,

Tea

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Mandatory detention deadlines invalidate late GST penalty proceedings despite later confiscation action and protect hearing and appeal rights.
Notes
GST
Section 129(3) of the CGST Act imposes a mandatory two-stage deadline: a penalty notice must issue within seven days of detention or seizure, followed by a penalty order within seven days of service. Breach of either period, including a one-day delay, invalidates the detention adjudication; later confiscation action cannot retrospectively cure it, although independently authorised proceedings may remain available. Service, including portal availability under Section 169, determines the second period, while Rule 142 requires corresponding electronic summaries. A hearing is required before penalty determination. Payment to obtain release, particularly under protest after objections, does not itself waive a challenge; a reasoned order remains necessary to preserve appellate access.
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Inverted-duty refunds may include higher-tax packing-material credit where qualifying inputs cause accumulation despite principal-input rate parity.
Notes
GST
Packing materials used or intended to be used in business may qualify as inputs, allowing their input tax credit to support an inverted-duty refund where their higher tax rate causes accumulated credit. Section 54(3)(ii) requires examination of all qualifying inputs rather than only the principal raw material. Composite-supply treatment determines the rate on the outward supply but does not remove the character of packing materials as inputs. The clarification concerning rate reductions on the same goods does not govern separately procured higher-rated packing materials. Eligibility remains subject to input tax credit conditions, blocked-credit restrictions, statutory refund exclusions, proof of causation, formula-based computation, and prescribed refund documentation.
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GST offence classification determines whether arrest and bail restrictions apply, while continued custody requires an individualised necessity assessment.
Notes
GST
Section 132 of the CGST Act distinguishes cognizable and non-bailable high-value offences under clauses (a) to (d) from other bailable, non-cognizable offences; classification depends on the precise charge and punishment bracket, not merely alleged evasion. Regular bail in serious GST prosecutions requires an individualised assessment of gravity, cooperation with summons, custodial necessity, evidence security, flight or interference risks, custody duration and realistic trial prospects. Magistrate-triability and a five-year maximum sentence are relevant but not decisive during an ongoing investigation. Arrest safeguards, sanction requirements and undertrial-detention protections apply separately. Continued detention warrants closer Article 21 scrutiny after investigation concludes, evidence is secured, custody becomes prolonged, or trial is delayed.
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GST electronic authentication requires a prescribed signature; portal upload, DRC summaries, reference numbers and DIN cannot validate unsigned demand instruments.
Notes
GST
Rule 26(3) makes electronic issuance and prescribed authentication cumulative requirements for GST notices, certificates and orders. A digital signature, e-signature or other notified verification mode attributes the instrument to the authorised officer and evidences accountability; portal upload, system-generated reference numbers, DRC summaries and DIN do not substitute for authentication. An unsigned notice or order lacks legal validity, cannot support consequential recovery, and is not ordinarily cured by the saving provision for minor defects. Service through the common portal concerns communication, not the prior validity of the instrument. DRC-01 cannot replace a statutory show-cause notice, while DRC-07 supports recovery only where founded on a valid order. Hearing requirements and effective service remain separate procedural safeguards.
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GST pre-deposit shortfalls require notice and a hearing before appeal dismissal, with investigation deposits considered.
Case-Laws
GST
GST appeals cannot be dismissed for an alleged pre-deposit shortfall without a defect memo, notice, and an opportunity to cure the deficiency. Deposits made during investigation that are relevant to the pre-deposit requirement must be considered before dismissal. The High Court quashed the appellate order, restored the appeal, and remitted the pre-deposit issue for fresh consideration after a hearing, while keeping all merits open.
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Omission without a saving clause invalidates pending GST proceedings founded solely on an omitted rule.
Case-Laws
GST
Omission of GST Rule 96(10) without a saving clause or statutory mechanism preserving earlier action prevents pending proceedings under the omitted rule from continuing. Applying the Supreme Court principle in Good Luck India Limited, proceedings founded on Rule 96(10) were vitiated following its omission. The impugned orders were set aside, while respondents remained free to take appropriate measures as permitted by law.
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Contractual GST recovery depends on tender terms; a GST-inclusive fee does not permit separate collection or reimbursement.
Case-Laws
GST
Under a GST-inclusive tender, a supplier's statutory obligation to pay GST remains distinct from any contractual right to pass that cost to service recipients. Where tender terms authorise collection only of a prescribed fee inclusive of all taxes, the tender holder cannot separately collect GST from Chendamelam artists. GST paid by the tender holder also does not create a reimbursement obligation for the Devaswom Board unless a tender condition or statutory provision expressly requires reimbursement. Contractual allocation of tax liability therefore governs both recovery from recipients and reimbursement from the contracting body.
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Statutory GST appellate remedy governs cross-examination disputes, leaving the necessity of examining revenue officers for appellate merits review.
Case-Laws
GST
Statutory appellate remedy ordinarily governs a challenge to a GST adjudication order based on denial of cross-examination of revenue officers involved in preparing a panchnama. Once relied-upon documents are supplied and panch witnesses are cross-examined, the earlier procedural defect no longer survives. The evidentiary value of witness statements, proof of the panchnama, and the factual necessity for cross-examining revenue officers concern merits for appellate review. Statutory immunity is not a sustainable reason to refuse such cross-examination, but it does not create an absolute right; necessity depends on the facts. The cross-examination issue remains open before the appellate authority, and an appeal filed within four weeks is to be entertained on merits without a limitation objection.
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Concurrent GST proceedings invalidate later State adjudication, while denial of hearing requires fresh Central adjudication.
Case-Laws
GST
Prior commencement of Central GST proceedings for a tax period prevents parallel State GST adjudication for that same period; the State adjudication and consequential rectification orders were therefore quashed. An ex parte Central GST adjudication made after a reply was filed, without giving the taxpayer a hearing despite earlier hearing dates, breached natural justice. That order was also quashed and remitted for a fresh hearing and a speaking order in accordance with law, subject to no adjournment by the taxpayer.
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GST appeal limitation begins with valid communication, not portal upload alone, requiring merits consideration after remand.
Case-Laws
GST
Limitation for a GST appeal against cancellation of registration commences only when the adjudication order is communicated to the aggrieved person. Communication must enable access to the appellate remedy, and prescribed modes of service must be strictly followed; rules cannot restrict statutory communication solely to electronic service. Uploading an order on the common GST portal alone does not constitute communication for limitation purposes. The time-barred appellate dismissal was set aside, delay was condoned, and the appeal was remanded for decision on merits without addressing the underlying dispute.
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