Goods and Services Tax

IMEC momentum to boost Karnataka exports amid global trade disruptions
GST
Dated:- 30-4-2026
PTI
Bengaluru, Apr 30 (PTI) Karnataka’s exporters are set to benefit as the India-Middle East-Europe Economic Corridor (IMEC) gathers momentum as an alternative to traditional maritime choke points, a senior tax official said, pointing to shifting global trade routes amid ongoing geopolitical tensions.

Addressing a seminar on “Navigating Geo-Political Challenges: Policy Measures and Preparedness to Build Resilience,” Kotraswamy M, Commissioner of Central Tax, Bengaluru North, said disruptions around key routes such as the Strait of Hormuz and the Suez Canal had underscored the need for more reliable corridors.

The event was o

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, the Strait of Hormuz, or even the Cape route, which are costly in terms of freight and sailing time, Kotraswamy said.

He added that exporters were also seeing gains from policy measures under the Goods and Services Tax (GST) regime.

“As exports are treated as zero-rated supplies under GST, the effective tax incidence on exports is zero per cent, allowing businesses to claim refunds on input taxes paid,” he said.

Kotraswamy noted that over 90 per cent of refund claims were now processed within seven days, compared to 15 to 30 days earlier.

He further said recent recommendations had enabled automatic refund processing and reduced documentation, cutting compliance costs by 20 to 25 per cent and easing working capital pres

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llion.

Emphasising the need for adaptability, K Ravi, senior vice president of BCIC, said in today’s volatile global landscape, resilience is no longer optional as it is a strategic imperative. Geopolitical challenges are reshaping trade dynamics and compelling businesses to rethink risk, cost, and continuity.

Sivasankari Murugan of ECGC highlighted support mechanisms available to exporters, including insurance products and policy interventions such as the RELIEF Scheme and the Export Promotion Mission.

She said such measures reflected a strong commitment to safeguarding industry competitiveness, and added that platforms like the seminar help stakeholders build the collaborative mindset required to navigate uncertainty. PTI GMS

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Alternative statutory remedy bars writ relief where no exceptional ground or strong prima facie vires challenge is shown.
Case-Laws
GST
A writ petition challenging GST search, seizure and adjudicatory action was declined because the petitioners had an efficacious statutory appeal and no exceptional ground for writ interference. The Court also found no prima facie merit in the objections to officer competence or adjudication by the officer concerned, noting the notification assigning powers to Central Tax Officers and the absence of any substantive merits challenge. A vires challenge to the impugned circulars was not entertained because such a challenge must be raised at the earliest and requires a strong prima facie case, which was not shown. The petitioners were left to pursue the appellate remedy, without any final adjudication on merits.
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GSTAT appeal remedy upheld as writ interference was refused in a GST refund dispute over document deficiencies and hearing opportunity.
Case-Laws
GST
A writ challenge to rejection of a GST refund was declined because the Court found no jurisdictional defect or breach of natural justice warranting Article 226 interference. It held that there is a material distinction between lack of jurisdiction and an erroneous exercise of jurisdiction, and that disputes over the correctness of factual findings, including adequacy of supporting refund documents, should be pursued in the statutory appellate forum. The Court also rejected the argument that the GSTAT was inefficacious, noting that the Tribunal had begun functioning and could hear appeals. The petitioner was relegated to the statutory appeal, with all merits left open.
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Electronic cash ledger deposit is not payment until appropriation; delayed GST attracts interest and wrong credit recovery was curtailed.
Case-Laws
GST
Mere deposit of cash in an electronic cash ledger does not amount to payment of GST unless the amount is appropriated to the Government exchequer under Section 49(1) read with Rule 87(6) and (7); where appropriation occurs later, the tax liability is discharged only then and interest remains payable for the period of delay. Input tax credit arising from reverse charge could not be availed before appropriation, but separate recovery of the wrongly availed credit was not justified after the taxpayer later made the debit entries and the amount stood appropriated. The Court also found that the question whether the omission reflected inadvertence or suppression with intent to evade tax required fresh factual consideration, and the composite order for two tax periods was set aside with remand for separate orders.
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Statutory university fees are not taxable supply under GST when collected for mandatory affiliation and NOC functions.
Case-Laws
GST
State universities collecting affiliation fees and no-objection certificate fees were held not to make a taxable supply under GST because their affiliation and NOC functions were mandatory statutory duties, not voluntary commercial activity carried on in the course or furtherance of business. The Court distinguished the universities from the State Government and local authorities, and applied the definition of business in Section 2(17) to conclude that such receipts did not fall within Section 7. The GST assessment orders on those fees were therefore set aside, and the exemption notifications were not examined.
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Reasoned refund orders are mandatory: non-speaking rejection of input tax credit refund was set aside and remanded for fresh hearing.
Case-Laws
GST
A refund rejection must be supported by a reasoned and speaking order that deals with the taxpayer's material submissions; where the authority records no specific finding and ignores the reply, the rejection is vitiated for lack of application of mind. The High Court set aside the impugned refund order and corrigendum concerning unutilized input tax credit, and remanded the matter for fresh adjudication after issuance of a fresh show cause notice and grant of personal hearing. It also held that the subsequent notices for earlier financial years had been issued without considering the petitioner's submissions, so those notices were directed to be decided de novo, with the merits left open.
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Additional input tax credit must be passed on under anti-profiteering law; GST and interest were also upheld on refund.
Case-Laws
GST
Additional input tax credit under GST that increased the ITC-to-purchase ratio was treated as a benefit required to be passed on through commensurate price reduction under anti-profiteering law; the plea that unutilised ITC under an inverted duty structure was not a real benefit, and that prices were fixed by contract, was rejected. The profiteered amount was held to include the GST component because the excess was collected from buyers inclusive of tax. Interest was held mandatory on the amount not passed on, running from collection until refund. Penalty under Section 171(3A) was held attracted for the contravention period, subject to the statutory proviso on timely deposit.
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CGST Delhi South Commissionerate detects fraudulent availment of Input Tax Credit (ITC) of around Rs.60.59 crore through bogus invoices valued at Rs.397.23 crore; one arrested
GST
Dated:- 29-4-2026

In another significant enforcement action against GST fraud, the Anti-Evasion Branch of CGST Delhi South Commissionerate has arrested the son of a director of the beneficiary entity in a major case involving fraudulent availment and utilisation of Input Tax Credit (ITC) of Rs.60.59 crore through bogus invoices valued at Rs.397.23 crore.

Investigation revealed that a non-functional entity was engaged in the fraudulent passing of inadmissible ITC without any actual supply of goods or services. Verification of its declared place of b

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Natural justice in GST registration cancellation: non-speaking orders without hearing were quashed and remanded for fresh adjudication.
Case-Laws
GST
HC quashed cancellation of GST registration and rejection of revocation because the show-cause notices and orders were non-speaking, lacked due consideration of the taxpayer's submissions, and were passed without affording a personal hearing. The Court held that cancellation of registration carries serious civil consequences and must comply with natural justice, including a reasoned decision. The impugned notices and consequential orders were set aside, and the matter was remanded to the original authority for fresh adjudication after hearing the petitioner and passing a speaking order.
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Natural justice in rectification proceedings requires hearing and consideration of submissions before a reasoned fresh decision.
Case-Laws
GST
The rectification order was set aside for breach of natural justice because it had been passed without affording the petitioner a hearing and without considering its submissions and documents. The Court treated this procedural illegality as the ative defect and directed de novo consideration by the designated authority. The authority was permitted to issue a fresh show cause notice, grant personal hearing, and pass a reasoned and speaking order, with all rival contentions left open for fresh adjudication.
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Reasoned adjudication required: non-speaking order quashed for ignoring submissions despite prior remand.
Case-Laws
GST
A non-speaking order passed after de novo adjudication was quashed because the authority failed to consider the petitioner's submissions, despite an earlier remand requiring a fresh, reasoned decision after hearing all contentions. The Court applied the principle that an adjudicating authority must deal with the assessee's replies and cannot cure an earlier defect by issuing a bald order. As the same infirmity persisted in the second round, the matter was remanded for fresh consideration and a reasoned order in accordance with law, with all contentions kept open.
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Time-barred GST appeals upheld, but fresh merits adjudication ordered subject to deposit and reply compliance.
Case-Laws
GST
Statutory appeals were rejected as time-barred because the delay exceeded the condonable period, and the High Court found no legal basis to interfere with that appellate rejection. The dispute concerned GST assessment orders arising from return mismatches, with intimations already issued, so no further interference was warranted on that record. However, on the petitioners' express consent, the Court directed fresh adjudication on merits after payment of the balance disputed tax or required disputed tax, as applicable, and filing replies with supporting documents; the impugned orders were treated as addenda to the show cause notices. Any bank attachment was to stand vacated only upon compliance with those conditions.
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Director's personal bank account cannot be attached for company tax dues; only separate penalty liability may be recovered.
Case-Laws
GST
Sections 89(1) and 174(2)(e) of the CGST Act could be used only to recover liabilities that had already crystallised under the earlier regime. The High Court held that Section 87 of the Finance Act, 1994 did not permit recovery of a company's tax dues from its directors' personal assets, and the garnishee power in Section 87(b)(i) could not justify attachment of a director's personal bank account for the company's liability. Recovery could proceed only for the separate penalty imposed on the director under Section 78A, and because that penalty had been paid, the lien over the remaining balance was unsustainable.
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Natural justice in GST cancellation demands disclosure of relied-upon material before deciding revocation and related proceedings.
Case-Laws
GST
Natural justice requires disclosure of relied-upon inspection material before deciding revocation of GST registration cancellation. The Court directed the authorities to furnish the inspection material, the director's letters, and the Chartered Accountant's letter through proper channel, allow the petitioner to file a supplementary reply, hear the petitioner, and then decide the pending revocation application. It also directed adjudication of the pending DRC-01 proceedings for the relevant tax period. No final determination on the merits of the cancellation was made; the operative emphasis was on a fair opportunity to meet the material relied upon before orders are passed.
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Statutory university affiliation fees were held outside GST as a non-commercial educational function and, alternatively, exempt educational services.
Case-Laws
GST
GST was held not to apply to affiliation fees collected by a statutory university because granting affiliation under the State university law was part of its regulatory and educational mandate, not a commercial supply in the course or furtherance of business. The Court held that Sections 7 and 9 of the CGST Act could not be used to characterise such statutory functions as taxable services, and therefore the demand under Section 74 lacked jurisdiction. In the alternative, the Court held that affiliation-related activity would also fall within the exemption for educational services, since affiliation forms part of the educational framework for admissions, courses and degree conferment.
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AI, IndiGo, SpiceJet seek ATF price relief; say airline industry on verge of 'stopping operations'
GST
Dated:- 28-4-2026
PTI
Mumbai, Apr 28 (PTI) Air India, IndiGo and SpiceJet have told the government that the country's airline industry is under extreme stress and on the verge of “stopping operations”, as they sought revision in ATF pricing and financial support.

The West Asia turmoil has pushed up oil prices, and airspace restrictions have increased airlines' operating costs, especially on long-haul routes. Aviation Turbine Fuel (ATF) accounts for around 40 per cent of a carrier's operational expenses.

Against this backdrop, the Federation of Indian Airlines (FIA) has written to the civil aviation ministry, seeking steps

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or immediate and meaningful financial support to tide over the current situation,” it said in a letter on April 26.

Also, the airlines have sought temporary deferment of excise duty on ATF, which is at 11 per cent.

“With the abnormal increase in ATF prices from the pre-crisis period, adding rupee depreciation to the increased prices, the 11 per cent excise duty also increases manifold for the airlines and adds to the ATF price as a big impact on airlines,” they said.

Last month, the government limited the hike in ATF price to Rs 15 per litre for domestic operations, but for international operations, the price rose by Rs 73 per litre.

The airlines said the situation has practically made international operations, along with domest

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Approved resolution plan barred continued recovery action and compelled unblocking of input tax credit.
Case-Laws
GST
An approved corporate insolvency resolution plan was treated as ative, and because the State had not lodged its claim in the insolvency proceedings and its challenges to the approval order had failed, it could not continue the impugned recovery action or keep the petitioner's input tax credit blocked. The Court quashed the notice and directed unblocking of the ITC and release of the amount admissible in law. This relief was granted without prejudice to any other recovery action that may remain available to the State under law.
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Consideration of audit report in input tax credit dispute led to remand for fresh adjudication.
Case-Laws
GST
Wrongful availment and distribution of input tax credit was interfered with because the competent authority had not considered the petitioner's audit report and other material on record. The petitioner claimed the Section 65(6) audit report gave a clean chit for the disputed input tax credit distributed by the ISD for 2018-19 and 2019-20, and the respondents placed no rebuttal to that plea. The High Court held that the impact of the audit report required adjudication, set aside the impugned order, and remanded the matter for fresh decision after considering both sides' submissions. All merits, including the show cause notice and objections, were left open.
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Documentary evidence and cooperation justified anticipatory bail in a GST input tax credit investigation despite economic offence allegations.
Case-Laws
GST
Anticipatory bail was granted in a GST investigation for alleged wrongful availment of input tax credit because the allegations rested mainly on documentary material, the relevant records had already been furnished, and no compelling basis for custodial interrogation was shown. The Court also relied on the petitioner's cooperation with the inquiry, absence of placed criminal antecedents, and deposit of the amount alleged to have been evaded. On that basis, arrest was found unwarranted, and pre-arrest protection was allowed subject to conditions requiring surrender, execution of bond, regular appearance, travel restriction, and full cooperation with the investigation.
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Writ jurisdiction for lack of officer competence under GST upheld; adjudication quashed for absence of proper authorisation.
Case-Laws
GST
Writ jurisdiction remained available because the challenge went to the very competence of the officer who passed the GST adjudication order, and an alternative remedy does not bar interference where the impugned action is alleged to be without jurisdiction. Reading Section 2(91) of the CGST Act with Section 6 of the Union Territory GST Act, the HC held that a State tax officer can act as a proper officer only subject to notification issued on the Council's recommendation. As no such recommendation existed authorising the officer concerned, the adjudication was invalid and was quashed, with liberty to the competent authority to pass a fresh order in accordance with law.
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Retrospective input tax credit relief under Section 16(5) overrides Section 16(4), requiring fresh reconsideration of the claim.
Case-Laws
GST
A HC held that the retrospective insertion of Section 16(5), with a non obstante clause overriding Section 16(4), permitted a registered person to avail input tax credit for the specified financial years if the Section 39 return was filed up to 30.11.2021. Because the return here had been filed on 28.11.2020 for the January to March 2020 period, the claim fell within that extended statutory window and could not be rejected as time-barred under Section 16(4). The impugned order and summary order were set aside, and the matter was remitted for fresh adjudication under Section 16(5), leaving other contentions open.
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GST detention penalty requires a speaking order on the show cause notice; payment alone does not end adjudication.
Case-Laws
GST
Payment of the demanded tax, penalty and fine in GST detention and confiscation proceedings did not dispense with the proper officer's duty to adjudicate the show cause notice by a formal, reasoned order. The Court held that consideration of the taxpayer's reply and issuance of a speaking order are part of natural justice and necessary to preserve the statutory appellate remedy. Because the release order did not amount to final adjudication and no reasoned order had been passed, the penalty order could not stand and was set aside. Liberty was granted to pass a fresh speaking order after personal hearing and complete the statutory summary.
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Provisional attachment under GST may be relaxed when substitute security protects revenue and business operations can resume.
Case-Laws
GST
Provisional attachment of bank accounts under GST can be relaxed where substitute security adequately protects revenue. The High Court accepted the petitioner's fixed deposit as sufficient security, permitted operation of the attached accounts, and quashed the attachment only to that extent. The investigation, scrutiny of invoices and other material, and any future show cause notice were left unaffected. The deposit was directed to remain available for adjustment against any liability finally determined, and to be returned with accrued interest if the final adjudication favoured the petitioner.
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Input tax credit blocking based only on cancelled registration fails after restoration, with credit allowed to be used in law.
Case-Laws
GST
Blocking of input tax credit could not be sustained where the impugned action rested solely on cancellation of GST registration and that registration was later restored. Once the cancellation ceased to exist, the foundation for blocking the credit disappeared, and the communication was liable to be withdrawn. The HC therefore quashed the blocking communication and held the petitioner entitled to utilise the input tax credit in accordance with law. Other contentions were not examined on merits and were left open.
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Provisional attachment under the CGST Act ends once a final order under Section 74 is passed.
Case-Laws
GST
A provisional attachment of a bank account under the CGST Act does not continue after a final order is passed under Section 74. Applying the Supreme Court ruling in Om Prakash Gupta, the High Court held that the earlier attachment ceased on the passing of the final adjudication order and no separate adjudication on the attachment was required. The matter was disposed of on that basis.
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