Goods and Services Tax

GST appeal limitation permits exclusion for bona fide rectification proceedings, but rectification does not automatically restart the appeal period.
Case-Laws
GST
For GST appeals, limitation under Section 107 runs from communication of the specific order challenged and is not automatically suspended or restarted by a rectification petition. Statutory condonation limits cannot be enlarged through principles underlying Section 5 of the Limitation Act. Principles underlying Section 14 may nevertheless permit exclusion of time spent pursuing a rectification petition where it concerns the same parties and matter and was pursued with due diligence and good faith. Good faith requires an arguable rectification basis, not a meritless attempt to introduce material absent from the original proceedings. Where exclusion is established, the appeal period is computed after excluding the rectification period; otherwise, reconsideration may be subject to agreed remittance conditions.
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AI-generated legal material requires independent verification and human oversight; GST cancellation proceedings require fresh reasoned adjudication.
Case-Laws
GST
Use of AI-generated legal material in quasi-judicial orders requires independent verification, human oversight, and the issuing officer's own application of mind. Reliance on non-existent or irrelevant AI-generated precedents prompted an unconditional apology, and non-compliance with departmental safeguards was directed to be treated as contempt of court. GST registration cancellation proceedings were quashed because the authorities proposed to revise the challenged orders and issue a fresh notice. Fresh adjudication must consider the taxpayer's reply and defence and result in a reasoned order in accordance with law; the merits remain open.
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Transitional credit refunds require Electronic Credit Ledger proof, while belated writs cannot bypass expired statutory appeal limitation.
Case-Laws
GST
Transitional SGST input tax credit refund requires proof that the unutilised erstwhile-regime credit stood as an opening balance in the Electronic Credit Ledger on 1 July 2017. In the absence of the prescribed TRAN-1 declaration or other satisfactory evidence of that balance, the refund claim fails. Writ jurisdiction under Article 226 ordinarily cannot be used to revive a statutory challenge after the taxpayer's own default has allowed the appeal limitation to expire, particularly where the delay is inordinate. The writ petition was dismissed because the transitional credit was unsubstantiated and the statutory appellate remedy had become time-barred.
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Passport renewal during criminal proceedings can run full term where prior court approval effectively safeguards foreign travel.
Case-Laws
GST
Passport renewal may be granted for its regular ten-year term during pending criminal proceedings where prior court permission remains mandatory for foreign travel. Travel restrictions, reinforced by directions to investigating and immigration authorities, provide sufficient safeguards against unauthorised departure regardless of the passport's validity period. In the absence of plausible reasons, substantive harm, or reasonable apprehension, limiting renewal to three years was not justified, particularly given the accused's stated roots in India. Renewal for ten years operates subject to all continuing conditions requiring prior court approval before travel abroad.
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GST registration cancellation requires a specified personal hearing and uploaded verification records; non-compliance invalidates the proceedings.
Case-Laws
GST
GST registration cancellation proceedings require a show-cause notice in Form GST REG-17 that allows seven working days for a reply and specifies the date and time of personal hearing. Omission of hearing particulars breaches the prescribed form and principles of natural justice. Where cancellation is based on physical verification, Rule 25 requires the verification report, supporting documents and photographs to be uploaded in Form GST REG-30 on the common portal within fifteen working days; non-upload invalidates proceedings founded on that verification. Writ jurisdiction remains available despite an alternative revocation remedy where natural justice is violated or the action is ultra vires. Fresh proceedings may be initiated only in compliance with these requirements.
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Special input tax credit procedure is authorised, while safeguards for the six-month rectification period remain under consideration.
Case-Laws
GST
Section 148 permits the Government, on the Council's recommendations and subject to conditions and safeguards, to notify classes of registered persons and special procedures for registration, returns, tax payment and administration. Notification No. 22/2024-Central Tax, prescribing a procedure to implement retrospective input tax credit entitlement under Section 16(5), therefore falls within that power. The validity of the stipulated six-month period for rectification, particularly whether it contains adequate safeguards despite no extension mechanism for extraordinary circumstances, remains under consideration. The writ petitions were kept pending on that limited issue.
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Effective service of GST show cause notices requires more than portal upload before ex parte adjudication can stand.
Case-Laws
GST
Service of a show cause notice solely by uploading it to the common portal was treated as ineffective where there was no acknowledgement of receipt or response from the assessee. An ex parte adjudication under Section 73 of the CGST Act founded on such notice could not be sustained because the assessee lacked an effective opportunity to reply. The ex parte order was set aside, with liberty to submit a response to the show cause notice. The competent authority must then conduct fresh adjudication and pass an order in accordance with law.
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Electronic cash ledger refunds require notice, hearing and a reasoned Commissioner determination before withholding during a pending revenue appeal.
Case-Laws
GST
Withholding an electronic cash ledger refund during the Revenue's pending appeal requires a specific determination by the Commissioner under Section 54(11) of the CGST Act. Payment or withholding cannot be decided without initiating the statutory process, issuing a show cause notice, and providing the claimant a proper opportunity of hearing. The Commissioner must then pass a reasoned order determining whether the claimed refund should be paid or withheld while the appeal remains pending.
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GST appeal limitation restricts delay condonation to the statutory extension, barring appeals filed after both prescribed periods.
Case-Laws
GST
GST appeals must be filed within three months of communication of the order. The appellate authority may admit a delayed appeal only on sufficient cause and only during the further one-month period expressly permitted by the statute. The Limitation Act does not apply to enlarge this limited condonation power where the GST appellate scheme does not provide for such application. An appeal filed after both periods, particularly where the substantial delay remains inadequately explained, is time-barred and cannot be entertained.
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GST portal upload without valid communication does not trigger appeal limitation; delayed statutory appeal restored for merits review.
Case-Laws
GST
GST appeal limitation does not begin merely because an order-in-original is uploaded on the common portal without valid communication to the assessee in the stated circumstances. Although the Appellate Authority remains bound by the statutory limitation under the RGST/CGST Act, delay may be condoned where the assessee could not file the appeal for reasons beyond its control and refusal of merits review would cause grave prejudice. The time-bar dismissal was set aside and the statutory appeal restored for merits determination, subject to the directed deposit of outstanding tax.
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Collateral challenge to GST adjudication order failed, but bona fide pursuit of writ remedy preserved statutory appellate recourse.
Case-Laws
GST
Collateral challenge to a CGST adjudication order through an interlocutory application in a pending writ petition was not maintainable because the earlier AGST notice challenge had no connection with the subsequent CGST proceedings. No interim restraint covered the adjudication, and no jurisdictional error by the Proper Officer was established; the writ challenge became infructuous and the interlocutory challenge was misconceived. Bona fide and diligent pursuit of the wrong writ remedy justified allowing recourse to the statutory appellate remedy despite expiry of limitation. Petitioners received liberty to file an appeal under the CGST Act within 30 days, to be considered on merits without limitation objection; prior interim protection was vacated.
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Portal-only GST notice after registration cancellation is ineffective, requiring fresh adjudication and personal hearing when requested.
Case-Laws
GST
GST show cause notices served only through the portal after cancellation of registration do not constitute effective service where the taxpayer cannot access the portal. Adjudication based on such service is liable to be set aside, with the tax authorities permitted to restart proceedings from the show cause notice stage in accordance with law. In fresh proceedings, a personal hearing must be provided where the taxpayer requests it under the statutory requirement. The discussion relies on decisions treating portal-only communication after cancellation as inconsistent with effective notice and procedural fairness.
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IGST export refund restrictions under omitted Rule 96(10) cannot sustain proceedings without a saving clause.
Case-Laws
GST
Rule 96(10) of the CGST Rules restricted IGST refunds on exports in specified circumstances. The High Court's earlier ruling in M/s Hikal Limited treated the rule as ultra vires section 16 of the IGST Act and manifestly arbitrary. Its subsequent omission without a saving clause meant that proceedings based exclusively on an alleged breach of Rule 96(10) could not continue. Accordingly, a show cause notice seeking to deny or recover an IGST export refund under that rule, along with consequential proceedings, was quashed.
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Duplicate GST adjudication for identical issues and periods is unsustainable when earlier Central GST proceedings remain under appeal
Case-Laws
GST
Duplicate GST adjudication on the same issues and assessment period is unsustainable where Central GST authorities have already issued an order and that order remains under appeal. The subsequent State GST assessment and rectification orders addressed identical issues for the identical period, thereby duplicating the earlier Central GST adjudication. The State GST orders were quashed, and the writ petition was allowed.
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Suppression under GST requires proven intent to evade; ineligible ITC or audit non-response alone cannot sustain demand.
Case-Laws
GST
Section 74 of the CGST Act requires evidence of fraud, willful misstatement or deliberate suppression with intent to evade tax; mere availment of ineligible self-assessed input tax credit does not meet that standard. Disclosure of ITC reconciliation in GSTR-9C and annual returns on the GST portal negates an allegation of concealed facts absent contrary evidence. Failure to reply to an audit enquiry or final audit report is likewise not suppression where the underlying data is disclosed and no statutory reply is required. A demand also cannot be sustained on a ground introduced beyond the show cause notice, as this denies the taxpayer an opportunity to respond and breaches natural justice.
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Legal-heir GST liability requires estate-based notice, while retrospective input tax credit relief overrides belated-return disallowance.
Case-Laws
GST
Section 93 of the CGST/KGST Act limits a legal representative's liability where a deceased proprietor's business has discontinued: recovery may be made only from the deceased's estate and only after notice, inquiry and ascertainment of that estate. Continuation of proceedings without notice to the legal heir or examination of inherited assets is treated as procedurally unsustainable. Separately, Section 16(5), retrospectively effective from 1 July 2017, overrides the belated-return restriction in Section 16(4) for invoices relating to FY 2017-18 to 2020-21 where the relevant Section 39 return was filed by 30 November 2021. Eligible input tax credit is therefore available where that deadline is met.
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Psyllium seed classification under Heading 1211 makes dried, godown-stored supplies taxable and excludes fresh-seed GST exemption.
Case-Laws
GST
Psyllium seeds (Isabgol) fall under tariff sub-heading 1211 90 13 because Heading 1211 specifically covers Psyllium seed and includes Plantago psyllium herbs and seeds used primarily in pharmacy. GST exemption for fresh or chilled seeds depends on the condition of goods when supplied. Storage in dry, ventilated godowns constitutes drying; without evidence that the seeds remained fresh from harvest until supply, they are treated as dried goods. Dried Psyllium seeds are taxable at 5 per cent under the entry for frozen or dried plants and plant parts, while exemptions for fresh or chilled goods and goods of seed quality do not apply.
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Criminal antecedents justified bail refusal, while appointment of a Special Judge was sought to expedite charge framing.
Case-Laws
GST
Bail was refused because the petitioner's criminal antecedents indicated habitual offending. The Supreme Court found no reason to allow the bail petition and directed the petitioner, who was on interim bail, to surrender before the concerned court within two weeks. Delay in framing charges resulted from the absence of a posted Special Judge; the Chief Justice of the High Court was requested to appoint a Special Judge promptly so that charges could be framed and the trial expedited.
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Real estate anti-profiteering methodology requires fresh GSTAT consideration after the input-tax-credit-to-turnover computation order was quashed.
Case-Laws
GST
Anti-profiteering computation for real estate projects based on pre-GST and post-GST input-tax-credit-to-turnover ratios requires reconsideration in light of the Delhi High Court's determination on the applicable methodology. The High Court quashed the anti-profiteering order and remanded the computation issue to GSTAT for fresh consideration under that determination. It expressed no view on the merits, kept all parties' contentions open, and left the challenge to the validity of the statutory provision and rules unresolved.
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Portal-only service of contested GST adjudication orders does not trigger limitation for statutory appeal filing.
Case-Laws
GST
GST adjudication orders uploaded only on the common portal do not trigger the limitation period for a statutory appeal where the order-in-original was passed after contest. An assessee that replied to the show-cause notice cannot claim ignorance of those proceedings, but may pursue the appellate remedy within the prescribed period under the applicable principle for portal-only service. The writ petition was disposed of on that basis, leaving the assessee to file the statutory appeal.
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Interest on refunded ocean freight IGST must be granted under the applicable precedent within the prescribed timeframe.
Case-Laws
GST
Interest on refunded IGST collected on ocean freight for July 2017 to March 2021 is to be granted in accordance with the principles specified in Paradeep Phosphates Ltd. The claim was treated as identical to that precedent, and the authorities were directed to pay the applicable interest within six weeks. The operative relief concerns interest on the refund of illegally collected IGST, rather than the refund entitlement itself.
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Ex parte GST rectification cannot replace fresh adjudication when replies were ignored and personal hearing was denied.
Case-Laws
GST
Rectification of an ex parte GST adjudication order cannot become a merits review through another ex parte order. Where the authority omitted to consider the assessee's replies, the defect went to the root of adjudication and required recall of the original order followed by a fresh personal hearing. Although the authority could correct an apparent error on its own motion and exercise inherent procedural-review power to cure denial of hearing, it could not sustain a revised demand without considering the replies and hearing the assessee. The subsequent ex parte rectification order was set aside and the matter remitted for fresh adjudication after granting an opportunity of hearing.
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Regular bail in alleged excise-duty evasion refused due to pending investigation and risk of influencing evidence.
Case-Laws
GST
Regular bail was refused in allegations of operating an unregistered filtered tobacco manufacturing unit and evading central excise duty. Ownership of the unit and the occurrence of duty evasion were treated as matters to be proved at trial. Given the gravity of the allegations, the pending investigation and charge-sheet, and the risk that release could enable influence over evidence, bail was considered inappropriate at that stage. No opinion was expressed on the merits, and expeditious prosecution and trial were requested.
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Regular bail in pending GST evasion investigation declined due to alleged unaccounted stock, undocumented purchases, and offence gravity.
Case-Laws
GST
Regular bail in a pending GST evasion prosecution was declined at the investigation stage, given alleged excess stock, mismatches between documented sales and inventory, and unrecorded purchases and storage without invoices. The alleged conduct involved taxable goods not entered in the books of account and was treated as an economic offence. With investigation continuing and no charge sheet presented, the gravity of the allegations was considered insufficiently compatible with granting bail at that stage, without addressing the merits of the prosecution.
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Reasonable apprehension of arrest is essential for pre-arrest bail; a CGST summons alone does not establish it.
Case-Laws
GST
Pre-arrest bail under the BNSS requires a reasonable apprehension of arrest. A summons under section 70 of the CGST Act requiring a person to provide a statement and documents does not, by itself, establish that apprehension where no notice under section 35(3) of the BNSS has been issued. An application for anticipatory bail in those circumstances is not maintainable. The applicant may seek appropriate protection if a notice under section 35(3) is subsequently issued.
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