Goods and Services Tax

Bank-account attachment for another company's tax dues challenged; recovery quashed as no garnishee liability and veil-piercing unjustified.
Case-Laws
GST
Attachment and recovery from a company's bank account was challenged on the ground that the demand and adjudication were issued against a distinct juristic entity. The court held that where the show-cause notice and adjudication order were addressed to another company, the petitioner could not be fastened with that entity's dues absent any garnishee relationship or proved liability to pay amounts to the defaulter. It further held that common directorship alone is insufficient to lift the corporate veil for recovery, and such veil-piercing was impermissible on the pleaded facts. Consequently, the impugned recovery/attachment order was quashed and the petition was allowed with directions to appear before the authority. – HC
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Clinical trial and R&D services for US recipient treated as export; Notification 04/2019-IGST applied retrospectively, GST demands set aside.
Case-Laws
GST
Clinical trial and related R&D services supplied to a foreign recipient raised the issue whether the place of supply was outside India, making the supply an export and not liable to GST, and whether Notification No. 04/2019-IGST dated 30.09.2019 applied retrospectively to the period April 2018-March 2019. The notification clarified that for such services the place of supply is the location of the recipient, subject to conditions; since the recipient was located in the USA, the supply fell in a non-taxable territory. Treating the notification as beneficial, clarificatory and elucidatory, it was held to operate retrospectively, and the contrary view of the authorities was erroneous; the impugned orders were set aside and the petition was allowed – HC
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Service tax show-cause notice invoking extended limitation u/s 73(1) without suppression details quashed as invalid
Case-Laws
GST
Invocation of the extended limitation period under Section 73(1) of the Finance Act, 1994 was held unsustainable because the show-cause notice did not plead or disclose the requisite jurisdictional ingredients (such as suppression or wilful misstatement) and lacked supporting material. Limitation was treated as a jurisdictional fact, requiring satisfaction of both factual and legal elements before extended limitation could be assumed. Since the notice was cryptic, non-speaking, and unreasoned, the authority could not lawfully assume jurisdiction by invoking Section 73(1). Consequently, the show-cause notice and all proceedings pursuant to it were quashed, and the petition was allowed. – HC
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Voluntary GST short-payment disclosure and composite-supply classification dispute: s.74 demand and s.39(9) ITC denial quashed
Case-Laws
GST
Where the taxpayer had voluntarily intimated short payment and its willingness to discharge tax much before any enforcement action, the essential preconditions of fraud, wilful misstatement, or suppression were not made out, rendering invocation of s.74 GST impermissible; consequently, denial of ITC by applying s.39(9) could not be sustained, and the proceedings were quashed. The taxpayer's earlier payment at a higher rate treating the supply as composite “to buy peace” was held not to operate as waiver or estoppel; it could still raise the composite-versus-individual supply issue before the competent authority, which must decide it on merits without relying on the prior admission. – HC
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Marketing and technical support services to foreign client under master service agreement: not “intermediary” under IGST s2(13); refund allowed
Case-Laws
GST
The dominant issue was whether the marketing support and technical support services supplied to a foreign recipient under a master service agreement constituted “intermediary services” under section 2(13) of the IGST Act, thereby disentitling the supplier from treating the supply as export and claiming refund of accumulated input tax credit. On construing the agreement and contemporaneous records, it was held that the supplier was not arranging or facilitating supplies between two persons but providing services on its own account, satisfying the conditions for export of services. Consequently, the adjudication and appellate orders were set aside, the IGST demand was quashed, and refund was directed to be granted. – HC
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Gross and Net GST revenue collections for the month of Dec, 2025
GST
Dated:- 3-1-2026

The gross and net GST revenue collections for the month of Dec, 2025.
Thanks,
Team GSTN
News – Press release – PIB

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Export refund rectification denied despite documents proving export proceeds realized; order set aside for fresh decision on natural justice grounds
Case-Laws
GST
Rectification relating to export refund was rejected without considering documents evidencing realization of export proceeds, thereby breaching natural justice. The record showed the documents were in fact produced with the representation, and the authority failed to address them while deciding rectification. Applying prior binding precedent on illegality and lack of authority in similar refund/rectification rejection, the impugned order was set aside and the matter remitted for fresh consideration of the rectification application in accordance with law; the writ petition was partly allowed. – HC
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Detention and penalty for unloading goods at unregistered extra business site with valid invoice/e-way bill; set aside
Case-Laws
GST
Detention/penal proceedings for unloading goods at an additional place of business were challenged where the goods were accompanied by a valid tax invoice and valid e-way bill. The First Appellate Authority accepted the taxpayer's explanation that unloading occurred at an additional place subsequently registered, treating the lapse as technical with no intent to evade tax and no demonstrated revenue loss. The Revisional Authority could not substitute its view and reverse a reasoned appellate order absent prejudice or monetary loss. The revisional order was set aside and the appellate order was restored, allowing the petition. – HC
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GST refund claims for Jan 2019-Mar 2021 filings and Covid limitation exclusion (Notification 13/2022) treated as within time; rejection set aside
Case-Laws
GST
Rejection of a tax refund claim as time-barred was held unsustainable because the record showed the claimant had filed an initial refund application on 09.05.2023 within the statutory period for January 2019 to March 2021, and also filed a further claim on 28.02.2024, the date the authority itself treated as the outer limit, yet neither filing was duly considered. The authority also failed to apply the Covid-19 limitation exclusion under Notification No. 13/2022, covering March 2020 to February 2022, which operated to extend limitation. The refund applications were held within time and the impugned order was set aside. – HC
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Deemed RSP-based valuation for pan masala and tobacco products under new CGST Rule 31D, effective Feb 2026
Notifications
GST
Inserts rule 31D in the CGST Rules, 2017 to prescribe a deemed valuation method for specified goods (including pan masala and specified tobacco and nicotine-inhalation products): the value of supply is the declared retail sale price (maximum price on the package, inclusive of all taxes and levies) reduced by the applicable GST computed by a prescribed back-calculation formula, with special rules for multiple prices, altered prices, and area-wise prices, thereby fixing the taxable value on an RSP basis for those goods. Amends rule 86B to provide that a registered person other than a manufacturer is exempt from rule 86B only for such specified goods where the supplier has discharged tax on the RSP basis, thereby limiting relaxation from the electronic credit ledger restriction for those supplies. These changes apply from 1 February 2026.
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RSP-based valuation for pan masala and specified tobacco/nicotine supplies added to tax notification, effective 1 February 2026
Notifications
GST
Notification No. 49/2023-Central Tax is amended to insert a new clause covering supplies of specified RSP-declared goods, namely pan masala (2106 90 20) and specified tobacco and nicotine products under headings 2401, 2402, 2403 (excluding biris), 2404 11 00 and 2404 19 00. “Retail sale price” is defined as the maximum price declared on the package inclusive of all taxes and cesses; where multiple RSPs are declared, the highest applies; any increased altered RSP at any stage is deemed the RSP; and area-wise RSPs apply for valuation in the relevant area, with tariff interpretation aligned to the Customs Tariff Act, 1975. The amendment takes effect from 1 February 2026, making RSP the operative basis for valuation of these supplies.
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IGST rate changes for tobacco goods: biris at 18%, pan masala and cigarettes at 40%, effective 1 Feb 2026
Notifications
GST
Amends Notification 09/2025-Integrated Tax (Rate) to revise the IGST rate schedules for specified tobacco-related goods by inserting biris (HS 2403 19 21, 2403 19 29) in Schedule II at 18%, and inserting pan masala (HS 2106 90 20), unmanufactured tobacco and tobacco refuse (HS 2401), cigars/cigarettes and similar products (HS 2402), other manufactured tobacco excluding biris (HS 2403 other than 2403 19 21, 2403 19 29), and specified non-combustible inhalation products (HS 2404 11 00 and 2404 19 00) in Schedule III at 40%; Schedule VII (28%) is omitted, with these rates applying from 1 February 2026.
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CBI Arrests One IRS-C&IT Officer and Two Superintendents of CGST Jhansi for Taking Bribe of Rs. 70 Lakh
GST
Dated:- 2-1-2026

The Central Bureau of Investigation (CBI) has busted a bribery racket in the office of Central Goods & Services Tax, (CGST) Jhansi, Uttar Pradesh during an operation launched on 30.12.2025 and has arrested a Deputy Commissioner (IRS-C&IT), Two Superintendents, an Advocate and Owner of a Private Company, in a bribery case.
The CBI registered the instant case on 30.12.2025 against the Deputy Commissioner (IRS-C&IT 2016); Two Superintendents, all posted at CGST, Jhansi; an Advocate; Owners of private companies and unknown others on the allegation of demand of undue advantage of Rs. 1.5 crore for f

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Rupee rises 6 paise to 89.92 against US dollar in early trade
GST
Dated:- 2-1-2026
PTI
Mumbai, Jan 2 (PTI) The rupee witnessed range-bound trade in the morning session on Friday, appreciating by 6 paise to 89.92 against the US dollar as thin liquidity conditions accentuated everyday demand-supply imbalances, keeping the rupee tilted toward weakness.
Forex traders said the USD/INR pair is expected to trade in a narrow range as the 90 level is being protected by the Reserve Bank of India.
Moreover, the support from positive domestic equities was offset by sustained foreign fund outflows.
At the interbank foreign exchange market, the rupee opened at 89.95 against the US dollar, then gained some ground and touched 89.92, risin

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which gauges the greenback's strength against a basket of six currencies, was trading marginally down by 0.15 per cent at 98.17.
Brent crude, the global oil benchmark, was trading 0.38 per cent higher at USD 61.08 per barrel in futures trade.
“With early-year liquidity still thin and domestic fundamentals offering a mixed but stable backdrop, the rupee appears set to remain range-bound in the near term. As long as USD/INR stays below the 90 handle, the balance of risks tilts mildly in favour of the rupee,” CR Forex Advisors MD Amit Pabari said, adding that against this backdrop, USD/INR is expected to trade in a 89.30–90.20 range.
On the domestic equity market front, the 30-share benchmark index Sensex climbed 158.19 points to 85,346.

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Electricity supplied to intermediary for onward export: treated as domestic sale, so no zero-rated IGST refund
Case-Laws
GST
Whether supply of electricity by the petitioner to an intermediary for onward supply outside India qualified as “export of goods” (zero-rated) for IGST refund was decided by construing Article 286(1)(b) and Sections 2(5) and 16 of the IGST Act. Since the petitioner had no privity of contract with the foreign buyer and title passed at the domestic delivery point from the petitioner to the intermediary, the petitioner's supply was only “for export” and not an export supply; consequently, it was a domestic supply and not eligible for zero-rated refund on that leg. The petitions were dismissed, with liberty to refile refund claims applying Rule 89 treating the intermediary supply as domestic. – HC
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GST portal-only service of GST notices under “Additional Notices and Orders” held inadequate; order set aside for lack of notice.
Case-Laws
GST
Service of GST notices and the impugned order solely by uploading them under “Additional Notices and Orders” on the GST portal, without any other mode of service, was held insufficient to impute due knowledge to the taxpayer when awareness arose only upon email intimation. Applying the principle that effective service must reasonably convey notice of the proceedings, the Court found that the proceedings had been continued and concluded without proper communication to the taxpayer. Consequently, the impugned order dated 21 May 2025 was set aside and the petition was disposed of. – HC
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Provisional release of seized imported electronic stock in alleged GST evasion case questioned; issue sent to GST Council.
Case-Laws
GST
Confiscation proceedings concerning alleged excess stock of imported electronic goods were challenged on the ground that, although the authority offered offering provisional release, it neither quantified the amount payable nor stipulated any conditions for such release, rendering the option illusory. The forum noted that the seized goods were imported about six years earlier and were likely technologically outdated, requiring a policy-level resolution on provisional release where seizures are based on suspected GST evasion. The matter was directed to be placed before the GST Council for appropriate policy consideration, and the writ petition was disposed of accordingly. – HC
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Fake input tax credit claims without actual supply u/s132 CGST-anticipatory bail granted, no statutory bar; conditions imposed.
Case-Laws
GST
Anticipatory bail was sought for alleged fraudulent availment and passing of fake input tax credit without actual supply, attracting offences under s.132(1)(b) and (c) CGST Act for amounts exceeding the statutory threshold. The court held there is no statutory bar on pre-arrest bail under the CGST Act, and although the allegation concerns an economic offence, the maximum prescribed punishment is five years and the offences are compoundable under s.138, indicating custody is not sine qua non. As custodial interrogation was neither warranted nor contemplated, and cooperation could secure necessary information, anticipatory bail was granted subject to conditions. – HC
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Refund claim timing dispute: application filed within prescribed limitation period, rejection set aside and remanded for fresh decision
Case-Laws
GST
The dominant issue was whether the refund application was time-barred. Relying on its earlier ruling in an identical factual matrix, the Court held that rejection of the refund solely on limitation was contrary to facts and law because the refund claim had been filed within the prescribed time. Consequently, the impugned rejection order was set aside and the matter was remitted to the adjudicating authority for fresh consideration in accordance with law, and the writ petition was allowed. – HC
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Transitional input tax credit claim rejected for missing documents; verification report set aside and claim sent back for reconsideration.
Case-Laws
GST
Transitional input tax credit was denied based on a verification report holding that the claimant failed to furnish supporting documents. The court held that, given the claimant's specific undertaking to appear and produce relevant pleadings and documents if granted another opportunity, a justice-oriented approach warranted interference. Consequently, the verification report and the consequential orders rejecting the claim were set aside, and the matter was remitted to the verifying authority for fresh reconsideration in accordance with law after providing an opportunity to substantiate the claim. – HC
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CGST show-cause notice vs adjudication demand exceeding SCN; writ refused, appeal route ordered; 10% pre-deposit basis queried
Case-Laws
GST
Challenge to an order-in-original raising demand exceeding the show-cause notice was not entertained in writ because an efficacious statutory appeal remedy was available; the petitioner was relegated to file an appeal before the appellate authority. On the pre-deposit dispute, the court recorded a prima facie view that, under s.75 CGST Act, the adjudication demand cannot exceed the SCN demand, rendering any excess demand unsustainable, and directed the appellate authority to decide whether the mandatory 10% deposit is to be computed on the SCN demand or the total demand in the order-in-original; physical filing with a 10% deposit application was permitted if the appeal is filed with the order. – HC
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Flavoured milk GST classification: whether it is milk under Tariff 0402 or beverage under 2202; demand quashed, refund ordered.
Case-Laws
GST
Flavoured milk's GST classification was in issue, specifically whether it falls under Tariff Heading 0402 (milk containing added sugar or other sweetening matter) taxable at 5% or under Heading 2202 as a beverage. Applying the special-entry-over-general-entry principle and relying on binding precedent in materially identical facts, flavoured/sweetened milk was held to be specifically covered by Heading 0402 rather than the general beverage entry under 2202. Consequently, the impugned classification and demand orders were quashed, and the authority was directed to refund the tax paid along with applicable interest within three months. – HC
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GST service classification: intermediary vs export status for refund of unutilized ITC; refund denial quashed, interest ordered.
Case-Laws
GST
Whether services treated as local supply could be reclassified as export by denying refund on the ground that the claimant was an “intermediary” under GST law was the dominant issue. On examining the record and applying settled principles on intermediary services, it was held that the claimant was not an intermediary and the services qualified as export, entitling it to refund of accumulated/unutilized ITC. Consequently, the refund rejection orders were quashed and the authorities were directed to sanction the refund with applicable interest within three months; the matter was remanded for consequential compliance. – HC
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Electronic credit ledger blocking u/r 86A and alleged fake ITC claims quashed for no hearing and no reasons
Case-Laws
GST
Blocking of the petitioner's Electronic Credit Ledger under Rule 86A was held invalid because the authority neither granted a pre-decisional hearing nor recorded independent, cogent “reasons to believe” as mandated by Rule 86A. Reliance merely on enforcement reports amounted to impermissible borrowed satisfaction, and the order contained only vague assertions of ITC from non-existent suppliers and multiple e-way bills without supporting material. For breach of natural justice and non-fulfilment of statutory prerequisites, the blocking order was quashed and the petition was allowed. – HC
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GST recovery u/s79(1)(f) after ignored show-cause notice; adjudication set aside for final reply chance with costs
Case-Laws
GST
Recovery proceedings were initiated under s.79(1)(f) pursuant to an order under s.73 of the KGST Act, 2017, passed after the noticee failed to file a reply to the show-cause notice or contest the proceedings. The court held that where non-participation is pleaded to be due to bona fide reasons, unavoidable circumstances, and sufficient cause, a justice-oriented approach warrants affording one final opportunity. Accordingly, the adjudication order dated 07.05.2024 was set aside and the matter was remitted to the authority for fresh consideration from the stage of filing reply to the notice dated 28.02.2024, subject to payment of costs. – HC
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