Goods and Services Tax

Supplier tax-payment condition for input tax credit faces constitutional challenge, while the High Court ruling remains stayed.
Case-Laws
GST
Constitutional validity of the input tax credit condition requiring a supplier's actual tax payment is under Supreme Court consideration. The challenge concerns denial of credit to a bona fide purchaser where the supplier has not remitted tax, including arguments for reading down the condition to prevent double taxation and to satisfy Article 14 equality requirements. The Supreme Court issued notice, stayed the High Court judgment and orders, and listed the matter for final disposal.
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GST portal access for nil demand orders enables regular statutory appeals where disputed tax was deposited under protest.
Case-Laws
GST
GST portal access now permits statutory appeals in Form GST APL-01 against nil demand orders where the disputed demand was deposited under protest. An appeal filed within the permitted period through this enabled facility is to be treated as regularly filed without objection. The portal change addresses access-to-justice barriers created when a nil demand status previously prevented appeal filing. Administrative instructions were to be considered to facilitate the same process for similarly situated taxpayers.
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Foundational facts in fraud-based GST notices are mandatory; unsupported fake-invoice input tax credit allegations cannot sustain proceedings.
Case-Laws
GST
GST notices alleging fraud, wilful misrepresentation or suppression must disclose the foundational facts supporting those allegations. Mere reproduction of statutory expressions, without reasons showing application of mind, does not sustain proceedings alleging input tax credit availed through fake invoices without actual supply of goods. Notices lacking sufficient reasons were quashed, while preserving the authority's liberty to issue fresh notices in accordance with law.
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Supplier certificates supporting GST payment can require fresh demand review when GSTR-1 contains an incorrect GSTIN.
Case-Laws
GST
Supplier certification prima facie evidencing receipt of supplies and payment of GST may support reconsideration of a disputed GST demand despite an incorrect GSTIN being reported in GSTR-1. Where the certificate omitted the GSTIN of the person inadvertently recorded in GSTR-1, the taxpayer was permitted to submit an amended certificate identifying those particulars. Subject to the stipulated deposit, the demand order was set aside for fresh consideration after submission of the amended certificate, and the bank attachment was to be lifted upon compliance with that condition.
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Statutory pre-deposit exemption applies only to standalone penalty demands, not composite orders where tax and interest were later paid.
Case-Laws
GST
Statutory pre-deposit for an appeal against a penalty order does not apply under the proviso where the original order imposed a composite liability for tax, interest and penalty. Payment of the tax and interest components does not convert that original composite order into an order demanding penalty alone. A later recovery order confined to penalty likewise does not alter the character of the original order. Accordingly, rejection of the appeal for failure to deposit ten per cent of the penalty was set aside and the appeal was restored for adjudication on merits.
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Conditional de novo GST adjudication permits reassessment after partial pre-deposit, reply to the show-cause notice, and supporting evidence.
Case-Laws
GST
Conditional de novo GST adjudication may be granted where an assessee shows inability to participate because of heart illness and undertakes to make a partial pre-deposit. The assessment may be quashed and treated as an addendum to the show-cause notice, allowing a fresh reply with supporting documents. Fresh adjudication is conditional on cash deposit of 10% of disputed tax and timely submission of the reply; failing compliance, recovery may proceed according to law.
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Input tax credit conditions require supplier tax payment, while fraud allegations and adjudication merits proceed through statutory appeal.
Case-Laws
GST
Input tax credit is a conditional statutory entitlement requiring cumulative compliance, including actual tax payment by the supplier. Recipient exposure to supplier default is addressed through reversal and subsequent re-availment of credit, with the claimant bearing the burden of proving eligibility. Fraud-based proceedings require prima facie material supporting allegations of fraud, wilful misstatement or suppression; detailed allegations of fake invoices, bogus supplies and no movement of goods require merits examination. Pre-notice intimation is enabling rather than mandatory, and investigation and adjudication by the proper officer do not alone establish bias. Merits disputes should ordinarily proceed through the statutory appellate remedy.
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Anticipatory bail after charges are framed may continue where completed investigation eliminates any need for custodial interrogation.
Case-Laws
GST
Completion of investigation, filing of the charge-sheet, framing of charges and commencement of trial remove the need for custodial interrogation, supporting grant of anticipatory bail. Bail may be granted subject to conditions set by the Investigating Officer, continued cooperation with the investigation and furnishing bail bonds before the jurisdictional court. On these grounds, the refusal of anticipatory bail was set aside and anticipatory bail was granted.
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Post-charge-sheet bail may follow where investigation is complete and further custodial interrogation is unnecessary.
Case-Laws
GST
Bail may be granted after filing of a charge-sheet where no further custodial interrogation is required. In allegations concerning unrecorded dry-fruit transactions and issuance of tax invoices, release on bail was directed subject to conditions imposed by the jurisdictional court. The accused was also required to appear before that court within two weeks. The material highlights completion of investigation and absence of a continuing custodial need as relevant considerations for post-charge-sheet bail.
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Statutory appellate remedy for GST registration cancellation requires factual disputes to be pursued before the appellate authority.
Case-Laws
GST
Availability of a statutory appellate remedy against GST registration cancellation and rejection of revocation ordinarily precludes adjudication of factual disputes in writ jurisdiction. Appeals lay against both orders; therefore, factual contentions remained open for determination by the appellate authority. Where the revocation-rejection order was undated but served on 22 August 2026, the service date was directed to be treated as the order date for pursuing the appellate remedy. The taxpayer was permitted to file appeals against both orders within two weeks, for expeditious disposal.
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Inverted-duty-structure refunds remain available for unchanged-rate apparel supplies despite trader status and require tax-period-specific computation and verified credit.
Case-Laws
GST
Accumulated input tax credit refunds under an inverted duty structure depend on the tax rates applicable to supplies, not on whether the registered person is a manufacturer or trader. A circular addressing accumulation caused by a GST rate reduction on the same goods does not exclude refunds for finished apparel supplied at an unchanged rate; higher-taxed inputs may remain eligible under the prescribed formula. Refunds must be computed tax-period-wise, and period-specific calculation satisfies that requirement. Verification must address ineligible credit, invoice reconciliation and credit relating to zero-rated supplies; unsupported objections do not displace findings based on examined records. The refund claims were sustained and the Revenue appeals dismissed.
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Parbhani civic staffers suspend strike after agreement on pending salaries of two months
GST
Dated:- 11-9-2026
PTI
Parbhani, Sep 11 (PTI) Employees of Parbhani City Municipal Corporation on Friday temporarily suspended their strike after the civic administration assured them that pending salaries of two months would be paid by September 15.

The employees had launched the stir demanding payment of pending salaries, an increase in GST grants to the civic body and release of the outs

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Jurisdiction mapping transition requires existing officers to retain pre-assigned GST functions until Boweb Portal roles are updated.
Circulars
GST – States
Existing officers must continue handling all registration, refund, scrutiny, audit, enforcement, adjudication, appeal and related tasks allocated to them before the jurisdictional order of 17 August 2026. This temporary direction applies despite changes to an officer's office nomenclature or territorial jurisdiction, until the Boweb Portal is updated to reflect amended jurisdiction mappings. It is issued to ensure uniform implementation of the Rajasthan GST framework and remove administrative ambiguity arising from the creation of new offices and reassignment of jurisdictions.
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Territorial jurisdiction of GST proper officers aligns with corresponding VAT officer assignments, replacing the previous jurisdictional framework.
Circulars
GST – States
Territorial jurisdiction under the Rajasthan Goods and Services Tax Act, 2017 is assigned to corresponding levels of proper officers, aligning GST jurisdiction with territorial assignments made under the Rajasthan VAT Rules, 2025 and specified provisions of the Rajasthan VAT Act, 2003. The order supersedes the earlier territorial-jurisdiction notification issued in 2023 and takes effect from 15 August 2026.
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GST jurisdiction after taxpayer migration preserves valid prior actions while transferring all subsequent proceedings to the current officer.
Circulars
GST – States
Jurisdiction under the RGST Act is determined on the date a statutory power is exercised. Actions validly undertaken by the officer having jurisdiction before a taxable person migrates to another jurisdiction remain valid and are not retrospectively invalidated. After migration, the former jurisdictional officer cannot initiate or continue action and must refer any new matter to the current jurisdictional officer. The current officer must take over pending proceedings from their existing stage, implement earlier actions, pursue consequential proceedings, and represent or conduct related appellate proceedings as though the earlier action had been initiated by that officer.
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Personal hearing in GST adjudication remains mandatory; orders issued without it may be quashed and reconsidered after hearing.
Case-Laws
GST
Personal hearing before an adverse GST order is required to satisfy principles of natural justice. Where the State cannot establish that an opportunity of hearing was granted, a challenge based on procedural unfairness is sustainable. An adverse GST order issued without such hearing is liable to be quashed, while the Department may pass a fresh order only after providing a proper opportunity of hearing.
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Rectification timelines are directory, preserving authority's power to decide timely applications on merits after three months.
Case-Laws
GST
A timely filed rectification application remains capable of decision on merits after the three-month disposal timeline expires. The requirement that the competent authority decide the application “as far as possible” within that period is directory: it requires an endeavour to comply but neither makes the authority functus officio nor removes its jurisdiction after three months. Rejection solely on the ground that the disposal period had expired was quashed, and the application was remitted for a merits-based decision within three months.
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GST portal restoration depends on a reasoned hearing and verification of bona fide registered proprietor status before GSTR-1 access.
Case-Laws
GST
Restoration of blocked GST portal access for furnishing Form GSTR-1 requires effective consideration of the taxpayer's supporting material. The taxpayer must submit a comprehensive representation in response to the information notice, and the competent authority must decide it through a reasoned and speaking order after granting a personal hearing. Where the material establishes that the taxpayer is a bona fide registered proprietor, the GST portal must be activated within 48 hours to enable Form GSTR-1 filing. The merits of the restoration request remain subject to fresh independent determination by the competent authority.
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Anticipatory bail requires extraordinary circumstances and was refused where custodial interrogation was necessary in alleged forgery investigation.
Case-Laws
GST
Anticipatory bail was refused where allegations of cheating and forgery involved inducing purchases through fictitious firms and using forged invoices to evade deposit of collected tax. The accusations prima facie indicated the accused's involvement, while the investigation remained at an early stage. Custodial interrogation was considered necessary to establish the manner of the alleged offences and obtain material linking the accused to the fictitious firm. As pre-arrest bail requires extraordinary and exceptional circumstances, and none were established, the petition was dismissed without addressing the trial merits.
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Proof of service for statutory summons is essential before alleging deliberate non-compliance or evasion during investigation.
Case-Laws
GST
Proof of service and acknowledgment of statutory summons are necessary to support an allegation of deliberate or wilful non-compliance during an investigation. Mere issuance of summons, without material establishing that the person concerned received and acknowledged them, does not establish intentional disobedience or evasion of appearance. On those facts, declining cognizance of the complaint was treated as free from jurisdictional error. Fresh summons may be issued where legally permissible, provided they are duly served and proof of service is maintained. No conclusion follows on the merits of the investigation or on any underlying liability or offence.
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GST on actionable claims: retrospective valuation rules govern pending online gaming, betting and casino proceedings.
Case-Laws
GST
GST on actionable claims arising from betting and gambling, including online gaming and fantasy sports played with stakes, remains payable under the GST framework. The Supreme Court sustained the levy and the validity of the relevant provisions, Rule 31A, Rules 31B and 31C; the 2023 amendments and Rules 31B and 31C operate clarificatorily and retrospectively. Pending show-cause proceedings must be decided on that basis, with casino valuation recomputed under Rule 31C. Following an undertaking to adjudicate accordingly, the petitioner withdrew the petition without pressing reliefs.
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Personal hearing and statutory payment window: GST adjudication cannot proceed without hearing or before the payment period expires.
Case-Laws
GST
GST adjudication involving penalty or other adverse liability requires an opportunity of personal hearing. A show-cause notice stating that personal hearing is inapplicable, followed by an adjudication order without a hearing, breaches the statutory hearing requirement and principles of natural justice; a hearing in an unrelated earlier matter does not cure that defect. Section 74A(8)(ii) allows payment of tax and applicable interest within 60 days of the show-cause notice without penalty, with proceedings deemed concluded. Adjudication before expiry of that payment period contravenes the provision. Orders issued in breach of either requirement are unsustainable.
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Service-taxability of farm-product trading turnover requires examination before liability can be sustained on an unresponded adjudication.
Case-Laws
GST
Service-tax liability on turnover from trading in farm products requires examination of whether that turnover is exigible to service tax before liability can be sustained. Where the adjudicating order proceeded on the basis that no response was filed and no personal hearing was attended, reconsideration is required after allowing the taxpayer to respond and submit relevant material. The service-tax order was quashed and the proceedings restored for fresh consideration, with the taxpayer's response to be considered without rejection solely for delay. The writ petition was partly allowed.
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Physical verification before GST registration cancellation is required where fake-enterprise allegations rest solely on an official list.
Case-Laws
GST
Cancellation of GST registration based solely on a list identifying an enterprise as fake requires prior physical verification of its registered business premises, particularly where the registrant has responded to the show-cause notice with documents relating to State Authority proceedings. Treating the enterprise as non-operational without that verification was improper. The show-cause notice and cancellation order were quashed, while preserving the proper officer's ability to verify the premises under the GST Rules and take further action in accordance with law.
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Effective hearing in GST adjudication requires actual opportunity to respond; ineffective service through a former auditor invalidated ex parte proceedings.
Case-Laws
GST
Effective opportunity of hearing in GST adjudication was denied where electronic notices were sent to e-mail credentials registered with an erstwhile auditor, leaving the taxpayer without effective knowledge of the proceedings. The High Court treated the explanation of loss of contact with the auditor as plausible and bona fide, and found that the resulting inability to respond justified intervention against the ex parte adjudication. The adjudication order and summary were quashed, with fresh consideration directed after a 10% deposit of the tax demand and filing of a response and supporting documents. The authority must issue a reasoned order after affording an opportunity to respond.
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