Goods and Services Tax

Interest computation now uses minimum cash balance; portal auto populates non editable minimum interest while taxpayers may increase it.
News
GST
From January 2026 the portal's GSTR 3B filing is enhanced: interest is computed using the net tax liability minus the minimum cash balance in the Electronic Cash Ledger from the return due date to payment date (per proviso to Rule 88B(1)), and that system computed interest in table 5.1 will be auto populated as a non editable minimum while taxpayers may self assess and increase it. The portal will auto populate the tax liability breakup in GSTR 3B from document dates in GSTR 1/GSTR 1A/IFF for earlier periods; values are suggestive and may be raised by taxpayers. From January 2026 IGST exhaustion permits cross utilisation of CGST/SGST ITC in any sequence. Delayed final returns (GSTR 10) will collect interest for late last GSTR 3B filings.
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Medical grounds for bail: release ordered where investigation is complete, subject to sureties and passport surrender.
Case-Laws
GST
Bail was granted on medical grounds where investigation was reported complete and custodial interrogation was not required; the petition cited completed probe despite recovery of incriminating physical and digital evidence indicating tax evasion under the GST Act. The court accepted petitioner's documented MRI diagnosis and advised neurosurgery and directed release on bail subject to furnishing a bail bond with two sureties who must be income taxpayers and to surrender the petitioner's passport to the trial court while furnishing bonds.
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Validity of service after registration cancellation requires alternative service; fresh notice and entitlement to personal hearing follow.
Case-Laws
GST
Validity of service by uploading a show-cause notice on the common GST portal after cancellation of registration was treated as deficient; the prevailing principle requires alternative modes of service where registration is cancelled, following prior authority. The impugned adjudication order issued after portal-only service was quashed, with liberty to the revenue to issue a fresh notice and re-adjudicate. The petitioner must be afforded an opportunity for personal hearing in accordance with the statutory right to be heard (audi alteram partem) during re-adjudication.
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Remand for fresh adjudication subject to a 10% deposit and filing a reply; ledger debits allowed during attachment.
Case-Laws
GST
The High Court found the impugned order was passed by the State Tax Officer rather than the Commissioner and remitted the matter for fresh adjudication on merits; remand is conditional on the petitioner depositing 10% of the disputed tax (confirmed in the impugned order) in cash or from the Electronic Cash Ledger within 30 days and filing a substantive reply with documents, treating the impugned order as an addendum to the Show Cause Notice. Because the petitioner's bank account is attached, the respondent may debit 5% each towards CGST and TNGST from the petitioner's Electronic Cash Ledger; failure to comply permits statutory recovery as if the writ were dismissed.
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Arbitration Agreement Separability: arbitrator fees attract reverse charge on payment, arbitration cost reimbursements are not taxable.
Case-Laws
GST
Doctrine of Separability: the arbitration agreement is autonomous and survives invalidity or termination of the underlying contract. Liquidated damages are pre estimated contractual compensation for breach. Section 142(2)(a) applies only where there is an upward price revision pursuant to contracts entered before 01.07.2017 and requires issuance of a supplementary invoice/debit note to be treated as outward supply. Arbitral tribunal fees paid by the recipient attract GST under reverse charge at time of bank debit; reimbursement ordered as arbitration cost is a mere flow of money and not taxable. Most awarded claims are supplies (and many qualify as liquidated damages) except specified reimbursements for materials, quarrying, higher grade cement and infrastructure shifting.
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Tobacco leaves retain character after curing, grading or butting, so they qualify for concessional GST classification.
Case-Laws
GST
Cured, graded or butted tobacco leaves retain the essential character of tobacco leaves and therefore fall under tariff heading 240110 as 'tobacco, not stemmed or stripped'. Curing, grading and removal of butts are treated as non transformative physical operations that do not convert leaves into stemmed/stripped tobacco; accordingly such supplies qualify for the concessional GST classification provided to goods under tariff 240110 and attract the lower notified GST rate.
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Classification of Parts: condenser fans supplied for air conditioning machines are classed as parts of air conditioning machines, not industrial fans.
Case-Laws
GST
The note on parts classification requires parts that are goods included in a chapter heading or are suitable solely or principally for a particular machine to be classified with that machine; applying this, condenser fans and blowers used as components of bus rooftop or vehicle air conditioning systems function to expel hot air from condenser coils or engine compartments and are principally integrated into HVAC assemblies. Consequently, when supplied for use with air conditioning machines they are classifiable as parts of air conditioning machines under Heading 8415 90 rather than under the heading for industrial fans and blowers.
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Goods classification: printed reproductions on acrylic and wood take the essential character of the picture-frame and keychain classified accordingly.
Case-Laws
GST
Classification rests on the essential character and Chapter 49 notes: printed reproductions (including photos reproduced by UV printing) fall under printed matter heading 4911 when not more specifically covered elsewhere, and frames of a kind and value normal to the picture form part of the picture; accordingly the UV-printed acrylic photo frame is classifiable under 49119990 (not 39269099). Photo-frame clocks of the described type are classifiable under 91059990. An MDF wood keychain with a printed photo derives from wood and is correctly classed under 44219990.
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Attention : Update on Advisory on Interest Collection and Related Enhancements in GSTR-3B
GST
Dated:- 20-2-2026

In continuation to the advisory posted on the GST Portal on 30th January, 2026 on the above subject, it is hereby informed that the functionality to utilise CGST or SGST ITC for payment of IGST liability, in any order of payment after complete exhaustion of IGST Credit (ref point no 3 of the advisory), shall be available from February-2026 period.

 Advisory on Interest Collection and Related Enhancements in GSTR-3B

It is hereby informed that from January-2026 period onwards, the following enhancement have been made in filing of GSTR-3B:

Update in Interest Computation for GSTR-3B

From January-2026 tax

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x (No. of days delayed / 365) x Applicable Interest Rate

1. System-Computed Interest in Table 5.1:

The interest auto-populated on the basis of the revised computational formula mentioned above, in table 5.1 of GSTR-3B shall be non-editable and taxpayers would not be allowed to amend the auto-populated values downward. It may be noted that the interest auto-populated in GSTR-3B is only the minimum interest that is required to be paid by the taxpayer. However, the taxpayers needed to self-assess their correct interest liability, and amend the auto populated values upward, if required.

2. Auto-Population of Tax Liability Breakup Table in GSTR-3B

The 'tax liability breakup table' in GSTR-3B capture the supplies of previous tax perio

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pwards these values based on their own records and computations, if required.

The auto-populated breakup can be viewed at:

Login → GSTR-3B Dashboard → Table 6.1 (Payment of Tax) → Tax Liability Breakup

3. Update in Table 6.1 – Suggestive Cross-Utilization of ITC

From January-2026 period onwards, once the available IGST ITC has been fully exhausted, the GST Portal will allow to pay IGST liability in Table 6.1 of GSTR-3B using available CGST and SGST ITC in any sequence,

4. Collection of Interest in GSTR-10 for Delayed Filing of Last Applicable GSTR-3B

In case of cancelled taxpayers, if the last applicable GSTR-3B return has been filed after the due date, then the interest applicable on such delayed filing sha

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Nodal Officer designation for GST intelligence under IGST Act section 14A(3) appointed, superseding prior notification and now in force.
Notifications
GST
Central Government designates the Principal Additional Director General/Additional Director General (Intelligence) of the Directorate General of GST Intelligence Headquarters as the nodal officer for implementation of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025 in relation to section 14A(3) of the Integrated Goods and Services Tax Act, 2017, superseding an earlier notification; the designation is operative from publication in the Official Gazette.
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Suspension pending disciplinary inquiry: prima facie misconduct from chronology, suspension not to continue and inquiry to proceed.
Case-Laws
GST
Suspension pending disciplinary inquiry is evaluated through a prima facie assessment of misconduct based on the chronology of events; the timeline showed an adverse inspection report pre-dating a fraudulent input tax credit claim, supporting initial misconduct findings. The article emphasises that departmental proceedings must be completed within specified timeframes with limited adjournments and that subsistence allowance during suspension is governed by applicable rules. Where a charge sheet has been issued, the Disciplinary Authority must proceed to conduct the departmental inquiry, and continuation of suspension is not warranted on the facts summarized.
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Appellate remand prohibition: remanding GST matters back to adjudicating authority is impermissible, petitioner need not be relegated.
Case-Laws
GST
Appellate remand power under Section 107(11) was challenged and the court found that the appellate authority's practice of remitting matters back to the adjudicating authority is impermissible; consequently the court refused to direct the writ petitioner to pursue relief before the GST appellate forum. The court noted connected orders dated 28.06.2024 and 31.05.2024 which remanded matters back and held such remands not permissible under law, and therefore declined the objection seeking relegation to the appellate tribunal for adjudication.
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Composite GST notices for multiple years can be quashed; fresh year wise notices permitted and pendency excluded from limitation.
Case-Laws
GST
The note examines sustainability of composite notices issued under the CGST/SGST scheme for multiple assessment years, holding that the concept of a “valid return” and the limitation linked to the financial year constrain multi year adjudication. It recognises that officers may investigate instances spanning years but stresses that consolidated adjudication can prejudice the taxpayer; therefore impugned multi year notices were quashed with liberty to issue fresh, year wise notices and with the pendency period excluded from limitation while other contentions remain open.
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Limitation for filing appeal paused when certified adjudication order is supplied; appeal to be filed and decided on merits.
Case-Laws
GST
High Court directed petitioner to file an appeal under the Finance Act, 1994 within fifteen days and ordered that if the appeal is filed within that period the appellate authority shall not raise limitation objection because a certified copy of the adjudication order was supplied; petitioner must file the certified copy with the Appellate Authority within seven days of receipt. Subject to statutory formalities (other than limitation), the appeal must be admitted and decided on merits; writ petition disposed of accordingly.
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Manual Filing of Appeal: appellate offices must accept manual appeals when the e filing portal prevents electronic submission.
Case-Laws
GST
Where an appellant cannot upload an appeal on the common electronic portal because the portal refuses filing absent deposit of a separate demand item, the office must accept a manually filed appeal; the core legal point is that a technical or procedural barrier on the e filing system that prevents initiation of an appeal constitutes a valid ground for manual presentation and obliges the appellate authority to receive and process the appeal manually.
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Penalty for false import declarations requires specific pointed findings and a fresh, reasoned hearing before penalties impose.
Case-Laws
GST
Sections 112(a), 112(b) and 114AA are characterised as onerous penalty provisions and require the department to make specific, pointed findings establishing serious violations and an intention to evade duty before imposing penalties; mere reliance on a retracted statement and bills of entry without detailing the petitioner's role, the false declaration attributed to them, or the value misdeclared is inadequate. Confiscation must operate as the predicate for penal liability. The document concludes that the existing order lacks substantive reasoned findings and directs a fresh hearing and a reasoned de novo adjudication with specific charges delineating the petitioner's role.
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Input Tax Credit pass-through ensured: respondent found to have passed on GST benefit; remaining small payment to buyers to be made.
Case-Laws
GST
Respondent passed on the benefit of additional input tax credit to home-buyers, satisfying the anti-profiteering obligation by providing a commensurate reduction in price; the investigative report acknowledged this pass-through except for a residual payment owed to seven buyers, which the respondent agreed to remit. The tribunal accepted the investigative findings and concluded that the respondent complied with the statutory obligation to transfer GST-related ITC benefits to customers, resulting in disposal of the proceedings.
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Classification by essential character distinguishes shaving cream and shaving foam; cream attracts concessional rate, foam attracts higher rate.
Case-Laws
GST
Classification by essential character determines that both shaving cream and shaving foam fall under HSN heading 3307 but occupy different subheadings: shaving cream is classifiable under tariff item 33071010 while shaving foam falls under 33071090. A conjoint reading of Schedule I and Schedule II entries in the concessional rate notification treats shaving cream (33071010), shaving lotion and aftershave lotion as accommodated in Schedule I at the concessional tax, while other pre-shave/shaving/aftershave preparations including shaving foam remain in Schedule II. Operative tax effect: shaving cream and specified lotions taxed at 2.5% CGST + 2.5% SGST; shaving foam taxed at 9% CGST + 9% SGST.
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Tripura tea auction centre likely to be operational by April: official
GST
Dated:- 19-2-2026
PTI
Agartala, Feb 19 (PTI) The proposed tea auction centre in Tripura is likely to be made operational by April, an official said on Thursday.

Chief Minister Manik Saha had laid the foundation stone for the state's first tea auction centre at Gurkhabasti in West Tripura district in March, 2024. At present, the country has seven tea auction centres.

“We have set a target to operationalise the first tea auction centre at Gurkhabasti by April,” Tripura Tea Development Corporation (TTDC) chairman Samir Ranjan Ghosh told PTI.

He said buyers have been seeking a transport subsidy to make the auction centre viable, and paying heed to th

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Habeas Corpus: unlawful remand and failure to provide grounds of arrest justify writ relief and set aside remand.
Case-Laws
GST
Habeas corpus petition found maintainable where remand order was not in accordance with law, rendering the arrest illegal; court applied the “reasons to believe” standard to assess whether arrest relied on credible evidence or mere suspicion and found remand record silent on that inquiry, undermining exercise of arrest powers under the special statute. Failure to show service of grounds of arrest and non compliance with departmental arrest guidelines led the court to hold the remand order legally infirm and to set it aside, allowing the writ.
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Territorial jurisdiction for writs upheld where account debit freeze occurred within limits; bank directed to restore account operation.
Case-Laws
GST
Territorial jurisdiction under Article 226(2) is satisfied because the principal cause of action-the debit freezing of the petitioner's bank account-arose within the Court's territorial limits, permitting a writ petition challenging that freeze. The court applied the principle that a legal right infringed within territorial limits supports jurisdiction and distinguished prior authority where only a minor part of cause of action arose locally. The order holds that debit-freezing directed by police on January 6, 2025, lacked requisite magistrate-sanctioned seizure or attachment and is therefore quashed; the bank must restore account operation.
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Assignment of leasehold rights is a transfer of immovable property benefits and not a taxable supply of services under GST.
Case-Laws
GST
Assignment of long term leasehold rights constitutes transfer of benefits arising out of immovable property where the lease is for a 95 year term and the lease permits transfer; such a transaction lacks the essential element of a supply of services in the course or furtherance of business and therefore falls outside the GST levy. The reasoning adopts prior precedent treating assignment/sale of leasehold rights by an allottee to a third party assignee as transfer of immovable property benefits, and on that basis the writ petition challenging taxability was allowed.
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Classification of Goods: Binding precedent requires reclassification of coconut oil; matter remitted for fresh adjudication.
Case-Laws
GST
Classification of coconut oil turns on application of Chapter Notes and the Harmonized System: pure coconut oil sold as edible oil falls under Heading 1513 unless its packaging meets all requirements of Chapter Note 3 to Chapter 33 and corresponding HS explanatory notes, in which case it is classifiable under Heading 3305 as hair oil. A binding higher-court decision so holds and the matter is remitted for fresh departmental adjudication to apply that precedent and decide the other issues raised in the impugned Show Cause Notice.
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Interest on Late Tax Payment and penalty remain where pre-payment options were not exercised; assessment and demand sustained.
Case-Laws
GST
Ineligible input tax credit claims triggered interest for late tax payment and a penalty for late payment; the statute permits a taxpayer to avoid higher penalty by pre-paying tax with interest and a reduced penalty under specified pre-payment options, and notifying the tax authority in writing. The petitioner did not exercise any pre-payment alternative and admitted and credited the tax later, so the assessment confirming tax, interest and penalty was sustained and the writ petition dismissed.
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Right to travel upheld as subject to proportionality; limited foreign travel permitted where flight risk is not tangible.
Case-Laws
GST
Right to travel under Article 21 is affirmed as an essential aspect of dignity, but subject to proportionality of liberty-restricting conditions; courts must require a tangible and real flight-risk before imposing travel bars, and may exercise inherent jurisdiction to secure the ends of justice by imposing reasonable conditions rather than total prohibition. Applying those principles, the High Court found the petitioner's foreign business travel was not shown to be an actual flight risk and that denial would disproportionately harm family and commercial interests, and accordingly quashed the lower court order restricting travel.
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