Author: admin_gst

High Court Strikes Down GST Rule 86A Order, Restores Electronic Credit Ledger Access for Taxpayer Without Proper Procedural Justification
Case-Laws
GST
The HC allowed the petition, quashing the impugned order blocking the petitioner's Electronic Credit Ledger (ECL) under Rule 86A of CGST Rules. The court found the order legally unsustainable due to absence of pre-decisional hearing and lack of independent, cogent reasons for blocking the ECL. The respondents' reliance on borrowed satisfaction from enforcement authorities was deemed impermissible. The order's failure to provide substantive reasons for blocking the ECL, coupled with procedural irregularities, necessitated its quashing, thereby restoring the petitioner's access to the electronic credit ledger.
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Compensation Cess Calculation for Motor Vehicles Clarified: Ground Clearance Measurement in Laden Condition Determines 20% Tax Rate
Case-Laws
GST
HC ruled that Notification No. 3/2023-CC (Rate) dated 26th July, 2023 is prospective, not retrospective. Ground clearance for motor vehicles' Compensation Cess calculation must be measured in laden condition for the period September 2017 to July 2022. Petitioners are liable to pay Compensation Cess at 20% rate during this period, invalidating the 22% levy. The Board's clarification, based on GST Council recommendation, was deemed binding, resulting in the petition being allowed with modified Cess calculation.
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Tax Notice Nullified: Procedural Flaws Invalidate Show Cause Notice, Demanding Fair Hearing and Proper Service
Case-Laws
GST
HC set aside the tax notice (N/N. 56/2023) due to procedural irregularities in service of Show Cause Notice (SCN). The court found fundamental violations of natural justice, as the SCN was undated and not properly received by the Petitioner. Following precedential rulings in similar tax dispute cases, the court remanded the matter back to the tax authorities, directing them to provide a fair opportunity for the Petitioner to file a reply and receive a personal hearing. The decision mandates a de novo review of the case, ensuring the Petitioner can present their submissions on merits before any final determination.
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GST Levy on Leasehold Rights Transfer: Interim Order Suspends Adjudication, Maintains Status Quo Under Section 54
Case-Laws
GST
HC determined the GST levy on assignment of leasehold rights for an industrial plot and constructed buildings through third-party transfer. The court stayed the adjudication order issued against the petitioner, following a precedent in a similar case involving another corporate entity. The interim order effectively suspends the impugned order dated 28th February 2025, maintaining the status quo pending further judicial review of the GST assessment and procedural compliance.
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Tax Challenge Dismissed: Statutory Notice Upheld, Procedural Fairness Confirmed Under Section 107 of CGST Act
Case-Laws
GST
HC dismissed the petition challenging tax proceedings, finding no violation of natural justice. The petitioner received hearing notice but failed to appear, and the court clarified that statutory provisions do not mandate exactly three hearings. The court directed the petitioner to file an appeal under Section 107 of CGST Act to the Appellate Authority, effectively upholding the department's procedural actions and rejecting claims of improper notice or hearing.
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Electronic Filing Deemed Valid: Procedural Flexibility Upheld, Certified Copy Delay Does Not Invalidate Submission Under CGST Rule 108(3)
Case-Laws
GST
HC allowed the appeal, finding the filing procedurally valid despite delay in certified copy submission. The court determined that online filing with electronic documents constitutes complete submission, and physical certification is not mandatory. Relying on precedent from Chegg India Private Limited, the HC held that technological advancements in filing systems should be interpreted liberally. The subsequent amendment to Rule 108(3) of CGST Rules, 2017 supports retrospective application, thereby validating the appellant's original submission. The court emphasized that technical procedural requirements should not impede substantive hearing of appeals on merits.
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Zero-Rated Supplies Beyond Customs Frontiers Validated Under IGST Act Section 16, Ensuring Tax Neutrality and Refund Processing
Case-Laws
GST
HC determined that supplies by petitioner outside customs frontiers qualify as zero-rated under Section 16 of IGST Act, rendering the transaction GST-exempt. The court found the tax treatment revenue neutral, particularly for the period before 01.04.2021, and declined revenue's challenge. The third-party refund application must be processed within four weeks, including applicable interest, effectively disposing of the appeal without substantial monetary implications for either party.
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Tax Notice Invalidated: Improper Service Violates Natural Justice, Requires Fresh Adjudication Under Procedural Guidelines
Case-Laws
GST
HC held that the SCN was improperly served by uploading it to the Additional notices tab, violating principles of natural justice. Following precedent, the SCN was set aside. The Adjudicating Authority must reissue the SCN and pass a fresh adjudication order, which remains subject to potential Supreme Court review of the underlying notification. The demand order dated 27th December 2023 was consequently nullified due to procedural irregularities in SCN service, effectively rendering the original tax demand invalid.
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Taxpayers Win: Rule 86A Limits on Input Tax Credit Ledger Automatically Expire After One Year
Case-Laws
GST
HC ruled that blocking of Input Tax Credit (ITC) ledger beyond one year under Rule 86A of CGST Rules, 2017, must be lifted. The statutory interpretation of Rule 86A(3) mandates automatic removal of credit restrictions after the specified time period. The court's decision explicitly notes that lifting the ITC block is independent of any concurrent administrative or legal proceedings against the taxpayer. The restriction is therefore automatically terminated after the one-year period, providing relief to the petitioner while preserving the authority's right to pursue separate investigative actions.
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Audit Compliance Mandate: GST Authorities Must Swiftly Provide Records to C&AG for Comprehensive Financial Scrutiny Under Article 149
Circulars
GST
The CBIC issued Instruction No. 05/2025-GST addressing timely production of records for audit, referencing C&AG Audit Report 7 of 2024. Invoking Article 149 of the Constitution, the instruction mandates field formations to expeditiously provide records and information to C&AG audit teams. Tax authorities must sensitize officers to promptly submit required documentation, including requesting taxpayers to furnish necessary documents when records are unavailable. The directive aims to facilitate comprehensive statutory audit processes by ensuring complete and timely access to relevant financial and tax-related records across government tax formations.
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Invoice-wise Reporting Functionality in Form GSTR-7 on portal
GST
Dated:- 7-5-2025

Vide Notification No. 09/2025 – Central Tax dated 11.02.2025, Form GSTR-7 has been amended to capture invoice-wise reporting with effect from 01.04.2025 i.e. the return period for April 2025 onwards.
In this regard it is to inform that development and testing of the same is underway, the implementation of invoice-wise reporting in Form GSTR-7 in GST portal will be deployed on portal soon. Thus, the e

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Tax Dispute Resolution: Petitioner Granted Reply Opportunity and Right to Appeal Amid Pending Notification Validity Challenge
Case-Laws
GST
HC adjudicated a tax dispute involving notification challenges, granting the petitioner an opportunity to file a reply to the Show Cause Notice (SCN) within one month. The court noted that the SCN was uploaded on an additional tab without the petitioner's direct knowledge. The proceedings were deemed subject to the Supreme Court's pending decision on the validity of the impugned notifications. The court permitted the petitioner to pursue appellate remedies while reserving final determination pending the Supreme Court's verdict. The petition was disposed of with directions for the adjudicating authority to hear the petitioner's arguments on merits without passing default orders.
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Anticipatory Bail Granted in Tax Fraud Case: Conditional Release Emphasizes Cooperation and Investigation Compliance
Case-Laws
GST
HC granted anticipatory bail in a tax fraud case, finding custodial interrogation unwarranted. The court determined that pre-trial incarceration was unnecessary given the petitioner's asset declaration and potential for recovery through legal means. Bail was conditionally granted, requiring the petitioner to join the investigation within seven days, cooperate fully with investigating authorities, and comply with specified terms. The court emphasized preventing irreversible injustice while maintaining investigative integrity. The petitioner must submit to deemed custody, participate in the investigation when summoned, and risk bail cancellation for non-compliance. The order underscores judicial discretion in balancing investigative needs with individual liberty rights.
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Tax Authority's Section 74(9) Order Upheld: Procedural Validity Confirmed, Jurisdictional Challenge Dismissed
Case-Laws
GST
HC upheld the state tax authority's order under Section 74(9) of BGST Act, finding no jurisdictional error in issuing the demand notice. The court determined that the order was legally valid, as it was passed after proper service of show cause notice, and the petitioner failed to contest the substantive facts. The HC rejected arguments about parallel investigations, confirming the authority's right to proceed with tax assessment despite ongoing central agency investigations, thereby maintaining procedural integrity in tax proceedings.
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Tax Relief Roadmap: Section 128A Clarifies Eligibility and Compliance for KGST Taxpayers with Flexible Verification Process
Circulars
GST – States
The Karnataka Commercial Taxes Dept issued a circular clarifying the implementation of Section 128A of the KGST Act, 2017. The circular addresses two key issues: (1) taxpayers who paid tax through GSTR-3B before 1st November 2024 remain eligible for benefits under Section 128A, subject to proper officer verification; and (2) for notices/orders spanning periods partially within and outside Section 128A's scope, taxpayers can file specific forms (SPL-01/SPL-02) after paying tax liability for covered periods, with appellate authorities empowered to adjudicate remaining periods appropriately. The circular aims to provide clarity and uniformity in implementing the statutory provisions.
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Challenging Tax Refund Appeals: Commissioner's Appeal Does Not Automatically Suspend Refund Order Under Section 54(11)
Case-Laws
GST
HC held that a Commissioner's mere decision to appeal does not automatically suspend a refund order under Section 54(11). The plain statutory language indicates that the pendency of an appeal does not ipso facto place the principal order in abeyance. Relying on prior judicial precedent, the court mandated that the revenue authority must comply with the appellate order and release the refund amount with applicable statutory interest. The writ petition was consequently allowed, directing immediate refund to the petitioner.
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Refund Claim Upheld: Arbitrary Filing Date Restriction Invalidated, Statutory Two-Year Limitation Period Preserved for Input Tax Credit
Case-Laws
GST
HC ruled that the petitioner's refund claim for accumulated ITC was improperly rejected. Applying precedent from Patanjali case, the court held that filing a refund application after 18.07.2022 does not automatically disqualify an applicant from seeking refund within the statutory two-year limitation period. The notification creating an arbitrary classification among assessees based on filing date was deemed invalid. Consequently, the court quashed the rejection orders dated 24.02.2023 and 30.01.2023, thereby allowing the petitioner's refund claim and upholding the statutory right to file claims within the prescribed time limit.
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Tax Assessment Orders Invalidated for Exceeding Four-Year Limitation Period Under Rule 14A (5A) for 2014-2017
Case-Laws
GST
HC held that assessment orders for tax years 2014-2015 and 2016-2017 were time-barred under Rule 14A (5A), which mandates assessments must be completed within four years from the date of return filing. The court invalidated assessment orders dated 12.07.2021 and 30.07.2021 as they exceeded the statutory limitation period. For 2015-2016, only assessments related to March were deemed valid, with the court emphasizing that the limitation period is mandatory and binding. The judgment reinforces strict adherence to prescribed time limits in tax assessment proceedings, effectively setting aside assessments conducted beyond the prescribed four-year window.
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Input Tax Credit Claim Upheld: Section 16(4) Validates Retrospective Credit for Financial Years 2017-2021
Case-Laws
GST
HC allowed the writ petition, setting aside the appeal and assessment orders. The court held that under Section 16(4) of the CGST Act, the petitioner was entitled to claim input tax credit for Financial Years 2017-2018 through 2020-2021, which was previously rejected. The credit was sought within the prescribed timeline of 30.11.2021, specifically on 31.10.2019. The matter was remanded to the first respondent to issue a fresh assessment order in accordance with Section 16(5) of the CGST Act, ensuring compliance with statutory provisions governing input tax credit claims.
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Leasehold Rights Transfer for Industrial Land Exempt from GST Under Section 7(1)(a) of GST Act
Case-Laws
GST
HC ruled that transfer of leasehold rights for industrial land is not subject to GST taxation. The court found that assignment/sale of leasehold rights constitutes transfer of immovable property benefits, which falls outside GST applicability under Section 7(1)(a) of GST Act, read with Schedule II and Schedule III. Relying on precedent in Gujarat Chamber of Commerce case, the court quashed the respondent's order, effectively exempting the transaction from GST levy. Petition was allowed, establishing that such leasehold rights transfer does not trigger GST obligations.
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Legal Challenge Succeeds: GST Portal Notice Invalidated Due to Improper Service and Technical Procedural Errors
Case-Laws
GST
HC found a violation of natural justice where respondent issued a show cause notice via GST Portal without direct service, preventing petitioner's reply. Despite initially being disinclined to set aside the impugned order, the court recognized technical errors in GSTR-3B table entries (6A and 6I). Consequently, the HC set aside the order dated 26.12.2024 and remanded the matter for reconsideration, providing petitioner an opportunity to rectify the incorrect value specifications. The rectification application's rejection order was set aside, effectively allowing the petition through procedural remand.
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Tax Dispute Resolution: Petitioner Granted 30-Day Window to Submit Comprehensive Evidence Supporting Reply to Show Cause Notice
Case-Laws
GST
HC adjudicates tax dispute, granting petitioner 30 days to submit comprehensive documentary evidence supporting reply to show cause notice. The court mandates adjudicating authority to thoroughly review petitioner's original reply and hearing submissions, requiring issuance of a substantive order after considering fresh documentary evidence. The procedural challenge concerning time limits under Section 73 of CGST Act is resolved by providing additional opportunity for evidentiary submission, thereby ensuring due process and fair administrative adjudication.
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Petitioner Granted One-Month Reply Window Despite SCN Upload, Adjudication Order Conditionally Permitted Under Pending Supreme Court Review
Case-Laws
GST
HC determined that despite the SCN being uploaded on the additional notices tab, the petitioner was permitted to file a reply within one month. The adjudicating authority shall pass an order after hearing the petitioner, with the caveat that the adjudication order remains subject to the pending SLP in SC challenging the impugned notification. The court followed precedential reasoning from prior GST-related jurisprudence, specifically referencing a recent decision involving procedural natural justice principles. The petition was ultimately disposed of, allowing procedural remedies while maintaining conditional administrative adjudication.
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GST Registration Cancellation Order Struck Down for Lack of Reasoned Explanation and Procedural Fairness Under Rule 21
Case-Laws
GST
HC nullified the GST registration cancellation order due to procedural irregularities. The order was found non-speaking and passed without proper application of mind, violating principles of natural justice. The Proper Officer failed to record specific reasons for cancellation, which is mandatory under GST regulations. Cancellation would impose adverse civil consequences on the petitioner without justification. The impugned order was consequently set aside, emphasizing the requirement of a reasoned, fair administrative process in tax registration cancellations. The court underscored that statutory authorities must provide transparent rationale when taking actions affecting an individual's business rights.
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High Court Quashes GST Registration Cancellation Order for Lack of Reasoning and Procedural Fairness Under FORM GST REG-19
Case-Laws
GST
HC allowed the writ petition challenging GST registration cancellation, finding the impugned order non-speaking and passed without application of mind. The court held that the order violates principles of natural justice by failing to record reasons for cancellation as mandated under FORM GST REG-19. Despite delayed filing, the court granted the petitioner one month to either seek details of outstanding dues from the proper officer or pursue alternative remedies, emphasizing that procedural defects cannot result in arbitrary administrative actions affecting taxpayer rights.
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