Author: admin_gst

Deemed withdrawal of best-judgment assessment follows timely filing of a valid GSTR-3B return with applicable interest and late fees.
Case-Laws
GST
Section 62(2) of the GST law provides that a best-judgment assessment for non-filing of returns is deemed withdrawn when the registered person furnishes a valid return within the prescribed period. Furnishing the relevant GSTR-3B return, together with applicable late fee, additional late fee and interest, removes the assessment while preserving liability for interest and late fees. The provision therefore operates to withdraw the assessment automatically upon compliant post-assessment return filing.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Assessment against deceased sole proprietor requires proceedings against the legal representative, rendering prior assessment and appellate orders invalid.
Case-Laws
GST
Assessment proceedings and an appellate order against a sole proprietorship were invalid because the proprietor had died before the assessment order was issued and the objection was raised in appeal. Where GST liability is pursued after a sole proprietor's death, the assessing authority must follow the procedure under Section 93(1)(b) of the CGST Act against the legal representative. The common appellate order was set aside, and the matter was remanded for fresh action against the legal representative after an opportunity of hearing.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Composite supply requirement bars municipal-function exemption for burial-ground cleaning where cleaning equipment is not supplied to the Corporation.
Case-Laws
GST
Burial-ground upkeep and maintenance involving sweeping, cleaning and daily garbage collection is classified under SAC 999424 as general waste collection services, rather than a residuary service category. The municipal-function exemption under Entry 3A requires a composite supply of goods and services. Welfare kits, bins, tools, consumables and equipment used by the service provider to perform cleaning, without transfer of ownership or possession to the Corporation, do not constitute a supply of goods to the recipient. As the arrangement lacked the required composite supply, the Entry 3A exemption does not apply.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Residential waste collection classification under SAC 999423 defeats composite-supply exemption where facilitating goods are not transferred to the local authority.
Case-Laws
GST
Residential housing-unit sweeping, cleaning, collection, segregation and storage of garbage are classified as general waste collection services under SAC 999423, which is more specific than the residuary category for other services not elsewhere specified. The arrangement is not eligible for the exemption available for composite supplies of goods and services to a local authority in relation to municipal functions. Cleaning and garbage removal formed the predominant supply, while welfare kits, bins, tools and consumables merely facilitated service performance and were procured at the service provider's cost. As ownership or possession of those items was not transferred to the local authority, no supply of goods occurred and the composite-supply condition was not met.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST registration and TDS compliance require government bodies to deduct tax, report payments, and obtain supplier tax clearance.
Circulars
GST – States
Government departments, governmental societies and agencies engaging contractors or suppliers must obtain GST registration as tax deductors if unregistered. They must deduct GST TDS at 2% on contracts and government supplies exceeding the prescribed threshold and file Form GSTR-7 online by the 10th of the following month. For contracts below the TDS threshold, departments must submit prescribed details to the Commissioner of Taxes. Future contracts may be awarded to contractors or suppliers only upon submission of a Tax Clearance Certificate confirming payment of prior tax dues. Officers may be held personally liable for omissions or commissions causing revenue loss.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

50 tonnes of copper without e-way bills seized by Delhi GST, Railways joint team
GST
Dated:- 13-8-2026
PTI
New Delhi, Aug 13 (PTI) Delhi Goods and Services Tax (GST) department in a joint operation with railway officials seized around 50 tonnes of illegal copper and two tonnes of aluminium ingots being transported in a freight train without valid e-way bills and invoices, an official statement said on Thursday.

The estimated value of the seized copper is around Rs 6 crore while t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

CBI ARRESTS CGST SUPERINTENDENT IN BRIBERY CASE
GST
Dated:- 13-8-2026

The Central Bureau of Investigation (CBI) has arrested the Superintendent, CGST, Ibrahimpatnam, Vijayawada, Andhra Pradesh, in a bribery case.

The CBI registered the instant case on 10.08.2026 against the said accused based on a complaint alleging that the accused public servant demanded a bribe of Rs. 1,50,000 from the Complainant, who is running a private company, for not issuing a demand notice towards tax l

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST search powers: Sealing cannot retain seized material after search, and prohibition orders cover confiscable goods only.
Case-Laws
GST
GST search powers require seized documents, books and things to remain with the proper or authorised officer only while necessary for examination, inquiry or proceedings; returning custody while retaining seizure is inconsistent with that scheme. Material still required may be taken into fresh custody through a fresh seizure order linked to the original seizure. A prohibition order may apply only to goods liable to confiscation where physical seizure is impracticable, not to office equipment, files, documents, books or things that are not confiscable goods; the prohibition order was quashed. Sealing premises is permissible only during an ongoing search when access is denied, not after search completion to store seized material; de-sealing and restoration of possession were directed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST registration revocation requires fresh consideration after returns, taxes and late fees are fully complied with.
Case-Laws
GST
GST registration cancelled for non-compliance may be considered for revocation where pending returns are filed, tax liabilities are paid and late fees are deposited. Filing returns shortly after cancellation supports fresh consideration because permanent cancellation can restrict the taxpayer's ability to conduct business. Revocation applications should be assessed by the competent authority after compliance with return-filing, tax-payment and late-fee requirements. The appellate and revocation-rejection orders were set aside, and the revocation application was remitted for fresh consideration within two months.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Natural justice in GST adjudication requires consideration of the assessee's reply before an ex parte demand order is made.
Case-Laws
GST
Non-consideration of an assessee's detailed reply to a GST show cause cum demand notice violates principles of natural justice. An ex parte adjudication order passed without addressing that reply is infirm and perverse. The High Court therefore quashed the order and remitted the matter for fresh, independent and reasoned adjudication after an effective opportunity of hearing. No merits of the underlying GST demand were decided.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Alternative statutory remedy under GST prevails where factual and evidentiary objections require appellate review of adjudication orders.
Case-Laws
GST
Writ jurisdiction against CGST Orders-in-Original is unavailable where the statutory appeal provides an efficacious and comprehensive remedy for reviewing facts, law, evidence and adjudicatory correctness. Objections concerning hearing, notice service, technical difficulties, evidentiary authentication, corroboration, cross-examination and voluntary payment require record-based factual assessment by the appellate authority. Neither patent lack of jurisdiction nor a manifest, common breach of natural justice was established to justify bypassing that remedy. Petitioners who had already invoked the statutory appeal could not simultaneously pursue writ relief over the same order without exceptional circumstances. The writ petitions were dismissed, with merits left open for appellate consideration, including any request to exclude time spent in writ proceedings according to law.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Input tax credit entitlement survives delayed rectification where returns meet the retrospective statutory filing cut-off for credit eligibility.
Case-Laws
GST
Input tax credit under section 16(5) of the CGST Act is a retrospective statutory entitlement where relevant returns were filed within the prescribed cut-off. Failure to submit a rectification application within the period set by a departmental circular does not by itself defeat that entitlement. The denial of credit was quashed because the show-cause notice acknowledged timely filing under section 16(5), and the claim was remitted for reconsideration, subject to satisfaction of other eligibility conditions.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Conditional refund release pending departmental appeal protects revenue recovery while preventing unjustified withholding of an allowed refund.
Case-Laws
GST
Refund allowed in an assessee's appeal may be released despite a pending departmental appeal before the Tribunal where no hearing has been fixed. Withholding was considered unwarranted given the petitioner's status as a manufacturing company and its undertaking to deposit any liability ultimately arising if the departmental appeal succeeds. Release was made conditional on furnishing that undertaking and a certified copy of the order, with the Revenue directed to issue the refund within six weeks. The departmental appeal remained subject to adjudication by the Tribunal.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Electronic GST service requires acknowledgment or response; portal-only upload cannot replace formal service of notices or adjudication orders.
Case-Laws
GST
Electronic service of GST show-cause notices and adjudication orders requires more than uploading them to the 'View Additional Notices and Orders' tab of the GST Common Portal. Portal-only uploading does not constitute proper service under the CGST Act unless the recipient acknowledges receipt or responds. A retrospective amendment permitting functions under the GST Rules to be performed through the portal does not expand the portal's specified functions or replace formal statutory service. The writ petition was disposed of consistently with the established position on deficient portal-only service.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Additional input tax credit benefit was not established where post-GST credit ratio declined and transitional VAT credit was inapplicable.
Case-Laws
GST
Section 171(1) requires suppliers to pass any additional input tax credit arising from GST implementation to recipients through a commensurate price reduction. Project-specific CA-certified data was accepted because statutory records consolidated figures across projects and could not provide a project-wise split. The post-GST ratio of credit availed to purchase value had declined, showing that no additional input tax credit accrued. Transitional VAT credit passed to eligible purchasers did not concern the applicant, whose agreement was executed after GST implementation and for whom no corresponding VAT credit arose. The DGAP report was accepted and profiteering was not established.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Appealability of advance ruling rejections is limited: only rulings pronounced on merits may be appealed.
Case-Laws
GST
Appeals under the advance ruling mechanism lie before the Appellate Authority only against an advance ruling pronounced under section 98(4) of the CGST Act. An order rejecting an advance ruling application under the first proviso to section 98(2) does not constitute such a ruling. Consequently, an appeal against rejection of the application is not maintainable under section 100(1), and was held inadmissible.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

End-use exemption for uncoated paper requires actual qualifying use; purchaser declarations alone cannot establish entitlement.
Case-Laws
GST
Entry No. 128 exempts uncoated paper and paperboard under Heading 4802 only when actually used to manufacture exercise books, graph books, laboratory notebooks or notebooks. Tariff classification alone does not establish eligibility: the use-based condition requires a factual end-use relationship, and purchaser declarations, purchase orders or contractual terms evidencing intended use are not conclusive. Exemption notifications require strict construction and cannot be expanded through unstated certification or verification requirements. As no statutory framework prescribes end-use certificates, bonds, monitoring, diversion consequences or records, the Advance Ruling Authority cannot recognise purchaser documents as a legally sufficient compliance mechanism. The manner of availing the exemption falls outside advance-ruling jurisdiction.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Compostable polymer bags remain plastic packing articles and cannot claim biodegradable-bag GST concession without prescribed biodegradable certification.
Case-Laws
GST
Compostable polymer bags and packing materials made from PLA and PBAT blends are classifiable as plastic articles for the conveyance or packing of goods under heading 3923 2990, rather than as paper products under Chapter 48. Eligibility for the concessional GST rate applicable to biodegradable bags depends on compliance with the separate standards for biodegradable plastics, including IS 17899 T:2022 and the required CPCB certification. Certification as compostable under IS/ISO 17088 does not establish that the goods are biodegradable, particularly because the biodegradable-plastics standard excludes compostable plastics within that regime. Such compostable bags are therefore outside the concessional entry for paper sacks, bags and biodegradable bags.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST registration cancellation appeals may be restored for merits review where genuine delay explanations justify condonation of limitation.
Case-Laws
GST
GST registration cancellation appeals dismissed solely as time-barred may be restored where a genuine explanation establishes that non-compliance and delay arose from lack of awareness of online requirements and reliance on advisers who failed to act. Cancellation that brings business operations to a standstill supports consideration of the appellate remedy on merits. The appellate authority must entertain and decide the appeal in accordance with law, subject to payment of applicable late fee, penalty and other statutory deposits.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Fresh GST proceedings after quashed notices remain within limitation, but prejudged show cause notices require neutral reissuance.
Case-Laws
GST
Fresh GST proceedings under Section 74 may be initiated within two years from communication of an earlier writ order that quashed a prior notice while expressly permitting fresh action, provided fraud, wilful misstatement or suppression of facts to evade tax exists. Section 75(3), read with that binding direction, preserves the period for consequential adjudication; an earlier dropped Section 73 notice does not bar the fresh proceedings. However, a show cause notice containing unnecessary accusations that the taxpayer misled the Court demonstrates prejudgment and breaches the requirement of neutral adjudication. Such a notice must be set aside, with any fresh action undertaken by a different officer.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Proper officer jurisdiction for a combined GST demand supports one waiver application covering operations across multiple States.
Case-Laws
GST
Jurisdiction over a GST waiver application arising from a combined demand order was not defeated merely because part of the operations concerned another State. Sections 79 and 128A refer to the relevant proper officer, but neither the recovery provision nor the GST Rules prescribe a basis for identifying that officer in this situation. Rule 164 contemplates a single waiver application in Form GST SPL-01 or GST SPL-02 rather than multiple applications. Where one officer issued a combined demand order covering Chennai and Maharashtra operations, no statutory basis existed to refuse jurisdiction over the Maharashtra waiver claim. The rejection of that limited claim was set aside and remanded for fresh consideration after reasonable opportunity.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Duplicate GST assessment orders for the same return mismatch cannot coexist; earlier assessment remanded subject to tax payment.
Case-Laws
GST
Duplicate assessment orders arising from the same GSTR-3B and GSTR-1 return mismatch cannot coexist where both concern the same assessment period and identical tax liability. The later order was quashed because it duplicated the earlier assessment, notwithstanding the absence of an SGST-CGST bifurcation. The earlier assessment order was set aside and remanded for fresh consideration to provide a reasonable opportunity to contest the tax proposal on merits. That remand was conditional on payment of the entire tax demand within the stipulated period.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST amnesty waiver covers self-assessed tax determined under Section 73, while Rule 164 deadlines and approval safeguards remain mandatory.
Case-Laws
GST
Section 128A permits waiver of interest and penalty where proceedings under Section 73 determine unpaid or short-paid self-assessed tax; direct recovery under Section 79 without Section 73 proceedings does not support a waiver application. Circular No. 238 cannot narrow that statutory scope. Rule 164 limits voidness of an approved waiver in Form GST SPL-05 or GST SPL-06 to specified failures to make additional payment; authorities lack power to issue void orders outside those circumstances. Rule 164 creates mandatory filing and disposal timelines. Failure to decide within the prescribed period may result in deemed approval, subject to fulfilment of Section 128A, whereas late applications or late payment cannot be cured through substantial compliance.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Distinct legal entity principle bars GST recovery from company bank accounts for deceased proprietor's unpaid dues.
Case-Laws
GST
GST recovery for a deceased proprietor's dues cannot be pursued against a private limited company that is legally distinct from the proprietary concern; Form GST DRC-13 notices attaching the company's bank account were therefore quashed. Adjudication against the deceased proprietor's family members required examination of the statutory conditions governing liability on a taxable person's death under Section 93(1)(a) and 93(1)(b) of the CGST/KGST Act. Because those material circumstances were not considered, the adjudication orders were quashed and remitted for fresh consideration after the family members may respond to the show-cause notices on all available grounds.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Export turnover mismatches require documentary substantiation and a meaningful opportunity before ex parte GST adjudication is finally sustained.
Case-Laws
GST
Discrepancies between export turnover reported in Forms GSTR-3B and GSTR-1 require a registered taxable person to receive an opportunity to produce documents establishing the nature of the transactions and substantiating export turnover. Where non-participation in GST adjudication is explained and applicable Board Circulars contemplate such documentary verification, an ex parte determination may require fresh consideration. The appellate rejection based on inability to condone delay beyond 120 days and the adjudication order were quashed, with the proceedings restored for reconsideration after production of supporting documents and issuance of a reasoned order.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =