Goods and Services Tax

CGST Delhi South officials arrest one company director in fraudulent availing ITC of Rs.6.53 crore
GST
Dated:- 14-2-2026

As part of its ongoing enforcement drive against fraudulent ITC claims, the Anti-Evasion Branch of the Central Goods & Services Tax (CGST), Delhi South Commissionerate, has unearthed another significant case of tax evasion and has arrested a Director of a private limited company engaged in trading of electronic goods for fraudulent availment of Input Tax Credit (ITC) amounting to Rs.6.53 crore through bogus invoices of Rs.36.28 crore.

Investigation revealed that the company had availed inadmissible ITC on the basis of invoices issued by multiple firms, some of which were found to be non-existent, non-funct

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Service of affiliation is not covered by the admission/examination exemption and affiliation fees attract GST.
Case-Laws
GST
Service of affiliation and inspection fees charged by universities are not covered by the exemption for 'service in connection with admission of students or conduct of examination'; such fees are independent services provided to grant affiliation and precede any admission, which is governed by statutory criteria and institutional infrastructure. The High Court rejects an extended reading of the exemption that would treat affiliation-related services as admission services, endorses the contrary view in the later precedent and holds affiliation fees amenable to GST. The matter is remitted to the Single Judge for determination on any other grounds remaining in dispute.
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Alternative remedy of appeal requires petitioner to pursue an appeal with delay condonation; court relegates challenge to the appellate forum.
Case-Laws
GST
High Court noted petitioner challenged a refund rejection and an administrative circular but bypassed the alternative remedy of appeal under the CGST regime; invoking principles of natural justice did not prevent relegation to the statutory appellate forum. The court disposed the writ, permitting the petitioner to prefer an appeal within two weeks accompanied by a delay-condonation application and directing the appellate authority to consider all factual and legal grounds previously pursued in writ jurisdiction. No observations were made on the merits of the refund claim or the circular's validity.
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Prejudice test: absence of Form GST DRC-01A intimation did not vitiate proceedings where no prejudice shown.
Case-Laws
GST
Violation of natural justice by non-issuance of intimation in Form GST DRC-01A under amended Rule 142(1A) was examined through the prejudice test: since Rule 142(1A) does not mandate a 'period' and the petitioner failed to demonstrate any actual prejudice from non-issuance, the impugned show-cause notice and Order-in-Original were not set aside. The court treated the New Morning Star Travels decision as sub silentio on prejudice, affirmed availability of efficacious statutory remedy of appeal, and declined to exercise discretionary writ jurisdiction, dismissing the petition.
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Profiteering under GST: finding requires passing proportionate input tax credit benefit to buyer with interest and compliance reporting.
Case-Laws
GST
Profiteering under the GST framework was found arising from failure to pass on input tax credit; the investigative report's computations were accepted as conclusive and used to quantify profiteering and a proportional adjustment for completed work, resulting in a specified amount payable to the applicant. The respondent is directed to pay the proportionate profiteered amount to the applicant with interest calculated under the CGST Rules and to submit a compliance report to tax authorities within the prescribed timeframe.
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Composite healthcare supply: inpatient medicines exempt; outpatient medicines taxable, tied to principal-supply test under composite supply rules.
Case-Laws
GST
Inpatient services constitute a composite supply where healthcare services are the principal supply and medicines, consumables, implants and food supplied to admitted patients during treatment form an integral, exempt part of the service under Entry No.74 of Notification No.12/2017-C.T.(Rate). Outpatient consultation is exempt, but medicines and other medical items prescribed or dispensed to outpatients are distinct taxable supplies because they are not mandatorily supplied by the hospital as part of a bundled inpatient service; therefore GST applies to such outpatient supplies.
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Valuation of second hand goods: margin scheme inapplicable; tax payable on transaction value of used car, not on margin.
Case-Laws
GST
Sale of a used car constitutes an outward supply in the course of business and is taxable under GST; the margin-based valuation for second hand goods (Rule 32/Notification No.8/2018) is inapplicable because the seller does not deal in buying and selling of second hand goods and the vehicle was originally purchased as new. Input tax credit on motor vehicles is blocked, and therefore the supply must be valued on transaction value under Section 15(1) with tax payable on the full consideration received rather than on any margin or profit.
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Export of Services – a non compete fee paid in foreign exchange qualifies as zero rated where recipient is abroad.
Case-Laws
GST
The note treats a non compete fee for agreeing to refrain from competing as a taxable 'supply of services' under Schedule II(5)(e) and Section 9(1) CGST; where the supplier is in India and the recipient is located abroad, payment is in foreign exchange and the establishments are not merely distinct persons, the transaction meets the five conditions of export under Section 2(6) IGST and qualifies as export of services and zero rated. The authority records that 98.57% of the fee is export (zero rated) while 1.43% remains taxable as inter state or intra state supply; IGST or CGST+state GST may apply as appropriate.
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Advance Ruling jurisdiction: queries about a tenant's hostel supply fall outside applicant's remit, application rejected on admissibility grounds.
Case-Laws
GST
Advance ruling application concerning whether hostel accommodation provided by the applicant's tenant qualifies as a residential dwelling and is exempt under Entry 12/12A was held inadmissible because the queries relate to supplies made by the tenant, not supplies by the applicant, and thus fall outside the scope of advance ruling jurisdiction under the statute. The related question on whether in house food is a composite exempt supply was also rejected as dependent on the inadmissible queries. The applicability of case law to the applicant's facts was held outside permissible advance ruling questions, and any precedent evidence would not assist due to non binding provisions; application rejected under procedural admissibility rules.
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Retail liquor prices set to rise in Uttar Pradesh
GST
Dated:- 13-2-2026
PTI
Lucknow, Feb 13 (PTI) Retail liquor prices are set to increase in Uttar Pradesh from April, as the state has approved the excise policy for 2026-27, which focuses on an export-focused framework and revised MRP norms to boost revenue.

According to a press statement, the state cabinet cleared the policy, introducing higher licence fees for retail vendors and revisions in pricing norms that are expected to push up liquor prices across categories in the new financial year.

Meanwhile, the state has also notified a dedicated excise export policy for 2026-29, making it the first in the country to introduce a standalone framework to promote overseas shipme

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retail price (MRP) of country liquor and Uttar Pradesh Made Liquor (UPML), except for 25 per cent v/v strength, will be rounded up to the next multiple of Rs 10. A new 100 ml pack has also been introduced for 42.8 per cent v/v UPML. Officials estimate these measures could yield an additional Rs 1,500 crore in revenue.

As per the statement, retail outlets, including composite shops, model shops, premium model shops, country liquor and bhang stores, will primarily be allotted through a renewal process upon receipt of applications. Shops will continue to operate between 10 am and 10 pm.

The annual minimum guaranteed quantity (MGQ) for country liquor shops will be revised with area-specific increases, and its monthly distribution will be

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GST refund distribution to consumers via regulatory tariff adjustment ruled impermissible; High Court devised procedure set aside
Case-Laws
GST
Section 54(8)(e) of the CGST Act excludes from fund credit any refundable amount that was not passed on by the taxpayer; because the respondent admitted passing the tax burden to consumers, that exception did not apply and the refund could not be paid to consumers under the provision. The High Court nevertheless accepted a taxpayer proposal to deposit the refunded sum into a designated account and seek tariff reductions to benefit consumers-a procedure not provided by Section 54 or its Rules, impracticable to implement and legally impermissible. The High Court order creating this judicially fashioned refund mechanism was set aside.
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Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left open
Case-Laws
GST
Contractual supply of mud engineering services together with site-specific chemicals constitutes a composite supply because the goods and services are naturally bundled, necessary for execution, and form an essential, intertwined part of the contractual obligation; separate billing does not alter its nature. The chemicals were custom-prepared and supplied in conjunction with monitoring and injection services to ensure safe, efficient drilling, making services the principal component of a composite transaction. The High Court set aside the orders of the advance ruling authority and its appellate body, leaving fixation of the applicable tax rate to the appropriate authority.
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Admission in pleadings and bill verification procedures: failure to deny treated as admission and ex parte bill report quashed.
Case-Laws
GST
Failure to specifically deny allegations in the written statement constitutes an admission under Order VIII Rules 3 and 5, permitting the court under Order XII Rule 6 to act on such admissions and treating admitted facts as substantive evidence without proof under Section 58 of the Evidence Act; consequence: petitioner entitled to relief on undisputed claim. The Bill Verification Committee must afford audi alteram partem when proposing to reduce or reject bills, especially on allegations of fraud or inflated claims; consequence: an ex parte bill verification report quashed. Remedy ordered: respondents directed to liquidate the undisputed dues within eight weeks, failing which interest at 6% per annum applies.
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Entitlement to input tax credit despite limitation: quashed limitation-based disallowances; refunds, adjustments allowed; recovery restrained, fraud cases preserved
Case-Laws
GST
Entitlement to input tax credit under the law survives despite a limitation clause: the retrospective amendment and extension of the deadline to claim ITC enable claims within the extended window, and assessment orders denying ITC solely on limitation grounds are quashed accordingly, with relief directed to refund or permit adjustment of amounts taken from taxpayers' ledgers. The revenue is restrained from recovery or account freezing based on limitation-only disallowances. The department retains the right to investigate and act where alleged fraud, wrongful or excess ITC claims, or discrepancies are shown, and may proceed against taxpayers on those substantive grounds.
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Omission of Sections 73 and 74 in GST: Section 74A applies from 2024-25, assessment set aside and remitted.
Case-Laws
GST
Sections 73 and 74 of the GST statute were omitted effective 01.04.2024, so Section 74A governs assessments from financial year 2024-2025; therefore actions premised on the omitted provisions lack jurisdiction. A show cause notice and assessment issued purporting to act under the old provision but referencing the new provision reflected non-application of mind and procedural confusion, causing prejudice to the taxpayer; consequently the High Court set aside the impugned assessment as passed without jurisdiction and remitted the matter for fresh adjudication, directing treatment of the assessment as a notice under the correct provision.
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Denial of Input Tax Credit to bona fide purchaser overturned; ITC of Rs.22.09 lakh restored after finding no fraud
Case-Laws
GST
Denial of input tax credit (ITC) was considered where no finding of collusion, fraud, or mala fide conduct existed; the authority invoked non fraud procedure, indicating the transaction was bona fide, so depriving the purchaser of ITC would be arbitrary under Article 14. The court distinguished assessment under non fraud and fraud processes and applied the ratio in Sahil Enterprises to hold the purchaser not liable for the seller's failure to remit collected tax. The impugned order was set aside and ITC of Rs. 22,09,964/- was directed to be allowed forthwith.
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Blocking of Electronic Credit Ledger and duty to disclose material facts led to dismissal; court refused writ interference.
Case-Laws
GST
Blocking of the electronic credit ledger was challenged while parallel proceedings imposing tax, interest, fee and penalty under statutory tax provisions were pending; the petitioner's failure to disclose those proceedings in the writ was held material and counselling non-interference by the writ forum. Because the re-blocking related to an assessment and penalty demand of substantial amount and the statutory one year period since initial blocking had not expired, the court declined to interfere and dismissed the writ, leaving the statutory adjudication and credit availability/utilisation to proceed.
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GST tax demand appeal permitted subject to 50% provisional deposit and 30 day filing extension; OD account protected
Case-Laws
GST
High Court granted liberty to prefer a statutory GST appeal subject to a conditional extension and provisional deposit: the petitioner may file the appeal within 30 days on payment of 50% of the disputed tax, failing which the appeal must be dismissed and recovery may proceed as if the writ were dismissed. The court held that a bank overdraft account cannot be attached, but the revenue may pursue movable and immovable assets offered as security, subject to the bank's rights and the outcome of the appeal. The order disposes of the writ with these operative conditions.
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Show cause notice for GST registration cancellation over alleged ITC from non existent suppliers; officer may decide after replies
Case-Laws
GST
Show cause notice sought cancellation of GST registration for alleged breach of Rule 21(e) by claiming input tax credit from non existent or non operating suppliers; the notice relied on a DGGI communication as supporting material. Petitioner filed specific replies (including Form GST REG 18) addressing the allegation, indicating understanding of charges; the court found no prejudice from the mode of communication and held the proper officer may decide the cancellation matter on the basis of those replies in accordance with law within two weeks. The writ petition was disposed with that direction and the petitioner's cited decisions were found inapplicable.
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Cross country pipeline classification and ITC entitlement: pipelines outside factory treated as immovable, ITC disallowed under Section 17 restrictions
Case-Laws
GST
Cross country pipeline qualifies as immovable property under the doctrine of fixtures: items attached to or embedded in the earth intended for permanent beneficial enjoyment become part of the land, so works contract services for construction of such pipeline do not attract input tax credit. The pipeline, being laid outside factory premises and serving transport of gas from processing terminals, does not form part of plant and machinery because it lacks the requisite machinery element and is not fixed by foundation or structural support; consequence: goods and services for construction and laying of the pipeline are excluded from ITC under the statutory restrictions.
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Battery energy storage systems as storage service, not generation; GST applies at 18% and registration required.
Case-Laws
GST
Battery energy storage systems (BESS) are characterised as storage facilities that convert electrical energy to chemical energy and back, and therefore are not generation, transmission or distribution utilities; accordingly, exemption notifications for generation/transmission/distribution do not apply, whether BESS is standalone or co located. The activity of developing and operating BESS does not amount to supply/generation of electricity for the notified exemptions, so those nil rate/exemption entries are inapplicable. The service is classifiable as support services to electricity transmission and distribution (HSN 998631), liable to GST at 18%, and the operator must register for GST in Tamil Nadu if the BESS is established there.
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Valuation and GST on residential real estate construction: concessional rates allowed for affordable and other units subject to conditions.
Case-Laws
GST
Construction activity was held to involve both supply of goods and supply of services, and a project meeting the residential real estate project definition with under 15% commercial carpet area qualifies for concessional entries 3(i) and 3(ia); outcome – applicant may apply concessional GST rates subject to prescribed conditions. Valuation for taxable value must follow the valuation mechanism in paragraph 2 of the notification to exclude land value, and consequence – taxable value is computed after allowing deduction of one-third of the total amount charged for the supply.
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Central Board of Indirect Taxes & Customs organises post-Budget interactive session with stakeholders in Mumbai
GST
Dated:- 13-2-2026

The Central Board of Indirect Taxes and Customs (CBIC) organised an interactive session with representatives of Trade Associations, Chambers of Commerce, Exporters, Importers, Custodians, Customs Brokers, Logistics Service Providers, at New Custom House, Mumbai.

The event was presided over by Shri Vivek Chaturvedi, Chairman, CBIC; and Shri Yogendra Garg, Member (IT, Taxpayer Services & Technology), CBIC. Pr. Chief Commissioners of Mumbai Customs and GST, Joint Secretary (Customs), Commissioner (Customs & Export Promotion) and Commissioner, GST Policy Wing were also present along with other sen

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Suspension of GST registration and validity of tax invoice during transit ruled insufficient without e way bill; petitions dismissed.
Case-Laws
GST
Registration suspended at the time of supply prevents a post suspension tax invoice from substituting for prescribed transit documentation; because the supplier's registration remained suspended and no e way bill or other specified documents accompanied the goods, the tax invoice could not be treated as the required document under the statutory scheme. The administrative circular relied upon is inapplicable where prescribed documents are absent. Consequence: petitions challenging seizure and related orders were dismissed for lack of compliance with the e way bill and specified document requirements.
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Enlargement on bail for foreign national in tax evasion case granted with conditions despite expired visa and limited tampering risk
Case-Laws
GST
High Court considered enlargement on bail for a foreign national accused of tax evasion; offence is triable by a Magistrate with a maximum sentence of five years. The court found documentary and electronic evidence present but no convincing material of a real risk of tampering, and noted immigration status (expired visa with pending extension) and family circumstances. Having balanced these factors and the nature of the offence, the court granted bail subject to verification of identity, status and residential proof of sureties by the trial court and warned that breach of conditions would permit bail cancellation and remand.
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