Author: admin_gst

Time Extension for GST Show Cause Notices Challenged: Court Questions Validity of Notifications Under Section 168A
Case-Laws
GST
The HC granted ad-interim relief against notifications extending time limits for issuing Show Cause Notices under the CGST Act. The court found a strong prima facie case on two grounds: first, similar challenges to these notifications had already received interim relief in other petitions before the same court; second, the SCN in question should have been issued before May 31, 2024, as Section 73(2) requires issuance at least three months prior to the time limit specified in Section 73(10). The court questioned whether the notifications issued under Section 168A had proper GST Council recommendation. The matter was scheduled for further hearing on April 22, 2025.
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GST Fraud Accused Granted Bail After 54 Days in Custody Under CGST Act for Input Tax Credit Evasion
Case-Laws
GST
The HC granted bail to the proprietor of M/s P.S. Enterprise who was accused of fraudulently availing Input Tax Credit and evading GST payments amounting to crores of rupees. After 54 days in judicial custody (against the mandatory period of 60 days), the Court determined that the primary purpose of the CGST Act is not penal but to recover amounts due to the Government Exchequer. Following precedent in Sanjay Kumar Bhuwalka v. Union of India, which established that monetary payment is the Government's right while arrest is only for statutory violations, the Court granted bail subject to specified conditions, noting that GST officials had sufficient opportunity to interrogate the petitioner.
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Advertisement Tax Demands After GST Implementation Declared Illegal Under Section 173 of U.P. GST Act
Case-Laws
GST
HC held that Kanpur Nagar Nigam lacks authority to levy advertisement tax after the implementation of the U.P. GST Act, 2017 and Constitution (101st Amendment) Act, 2016. The court clarified that its previous order unambiguously quashed tax demands falling within Section 173 of U.P. GST Act read with the 101st Constitutional Amendment. Advertisement tax collected beyond April 1, 2017, must be refunded to petitioners. The municipal corporation's demands for advertisement tax after July 1, 2017, were declared illegal. The application seeking further clarification was dismissed as the original order was sufficiently clear and required no additional interpretation.
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Accused in Rs. 31.18 Crore Input Tax Credit Fraud Granted Bail After Six Months in Custody
Case-Laws
GST
The HC granted regular bail to the applicant accused of availing ineligible Input Tax Credit of Rs. 31.18 crores based on fake invoices from non-operational firms. The Court noted that the prosecution's case relied on documentary evidence already filed in tax returns, and the applicant's business account had been released after initial attachment. Considering that the alleged offenses carry maximum punishment of five years, are triable by Magistrate, and the applicant had already spent six months in judicial custody, the Court concluded that further detention would serve no useful purpose. The prosecution witnesses were official witnesses with minimal risk of tampering. Bail was granted subject to conditions.
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GST Rates Clarified: 5% on Pepper, Exemptions for Farmers, Different Rates for Popcorn Types
Circulars
GST – States
The Goa Commissioner of State Taxes has adopted Circular No. 247/04/2025-GST from the Tax Research Unit, Ministry of Finance, for uniform implementation under the Goa GST Act. The circular clarifies that: pepper of genus Piper attracts 5% GST; agriculturists supplying dried pepper or raisins are exempt from GST registration; ready-to-eat popcorn with salt/spices attracts 5% GST (unpackaged) or 12% GST (packaged), while caramel popcorn attracts 18% GST; AAC blocks with over 50% fly ash content attract 12% GST; and the amended entry regarding SUVs with specific ground clearance requirements for compensation cess applies from July 26, 2023.
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Late Fees for Delayed GST Annual Returns Apply Until Both GSTR-9 and GSTR-9C Are Filed Under Section 47(2)
Circulars
GST – States
The CBIC clarifies that late fees under section 47(2) of the CGST Act apply to delays in filing complete annual returns under section 44, which includes both FORM GSTR-9 and GSTR-9C (when required). For taxpayers with turnover exceeding the threshold (currently five crore rupees), the annual return is considered incomplete until both forms are submitted. Late fees accrue from the due date until complete submission, with no separate penalties for each form. For financial years up to 2022-23, excess late fees beyond those applicable until GSTR-9 filing date are waived if GSTR-9C is submitted by March 31, 2025. The Goa government has adopted these clarifications for state GST implementation.
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Goa adopts Finance Ministry's Circular 245 clarifying GST exemptions for loan penalties and payment aggregators
Circulars
GST – States
The Goa Commissioner of State Taxes has adopted Circular No. 245/02/2025-GST issued by the Ministry of Finance for uniform implementation under the Goa GST Act. The circular provides several key clarifications: penal charges levied by regulated entities for loan contract non-compliance are exempt from GST; RBI-regulated Payment Aggregators qualify for GST exemption on settlement transactions up to 2,000; GST payments are regularized for certain research services by Government Entities (July 2017-October 2024) and for skilling services by NSDC-approved Training Partners (October 2024-January 2025). Additionally, facility management services to MCD are confirmed as taxable, DDA is clarified not to be a local authority under GST law, and certain electricity utility support services are regularized.
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GST Exemption on Insurance Premium Sharing and Reinsurance Services Under Schedule III Amendment
Circulars
GST – States
The circular regularizes GST payment on two insurance-related transactions from July 1, 2017 to October 31, 2024 on an “as is where is” basis. Effective November 1, 2024, Schedule III of the CGST Act was amended to exclude: (1) premium apportionment by lead insurers to co-insurers, provided the lead insurer pays GST on the entire premium; and (2) services by insurers to reinsurers where ceding/reinsurance commission is deducted from reinsurance premium, provided the reinsurer pays GST on the gross reinsurance premium inclusive of commission. This implementation follows recommendations from the 53rd GST Council meeting and applies uniformly across Goa's GST framework.
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Revenue Department's Order Set Aside: Petitioner Must Deposit 25% of Disputed Tax Amount Within Four Weeks
Case-Laws
GST
The HC set aside the impugned order due to violation of natural justice principles, specifically non-service of notices and orders that prevented the petitioner from participating in adjudication proceedings. The petitioner demonstrated willingness to pay 25% of the disputed tax amount. The Court allowed the petition with the condition that the petitioner must deposit 25% of the disputed taxes within four weeks from receipt of the order copy. This resolution balances procedural fairness with the petitioner's tax obligations while providing an opportunity for proper adjudication.
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Authorities Directed to Consider GST Non-Payment Allegations and Issue Speaking Order Within Two Weeks
Case-Laws
GST
The HC directed respondent No. 1 to consider the petitioner's representations regarding non-payment of GST and other alleged offenses by respondent No. 2. A speaking order must be issued within two weeks, with discretion given to respondent No. 1 to hear both parties before making the determination. The petition was allowed, though the Court did not directly order registration of an FIR as requested, instead mandating proper consideration of the petitioner's complaints through appropriate administrative channels with a time-bound resolution requirement.
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Adjudication Order Upheld After Petitioner Repeatedly Failed to Respond Despite Multiple Hearing Notices Sent by Post and Email
Case-Laws
GST
The HC dismissed an application seeking to quash a show-cause notice and adjudication order. The Court found that despite multiple hearing notices sent both by post and email, the petitioner failed to appear before the adjudicating authority. The Court determined that the show-cause notice was sufficiently detailed, setting out all necessary particulars requiring response. Although the petitioner claimed violation of natural justice principles by not being afforded proper opportunity to be heard, the Court declined to exercise discretion to grant any special opportunity due to the petitioner's serious laches in responding to the hearing notices.
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Denial of Input Tax Credit Overturned as Section 16(5) Extends Time Limit for Claims from FY 2017-18 to 2020-21
Case-Laws
GST
The HC set aside the denial of Input Tax Credit (ITC) for FY 2018-19 that was based on Section 16(4) of CGST/SGST Act. The Court recognized that Section 16(5) extended the time limit for claiming ITC for FYs 2017-18 to 2020-21 until November 30, 2021. The impugned order failed to consider this provision. The HC directed the competent authority to reconsider the petitioner's claim within three months, specifically accounting for Section 16(5) provisions and after providing the petitioner an opportunity of hearing.
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Input Tax Credit Refund for Export Services Without Tax Payment Awaits Authority Review
Case-Laws
GST
The HC disposed of a petition concerning refund of Input Tax Credit (ITC) for export of services without tax payment. The petitioner committed to furnish any required materials without delay when requested. The Court expressed confidence that authorities would examine the matter diligently and pass appropriate orders within the timeframe indicated by respondent's counsel. The application was accordingly disposed of without specific directives, relying on the authorities to process the ITC refund claim appropriately.
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Taxpayer Wins as Assessment Order Set Aside Due to Improper Service of Notice Under Section 169(1) of CGST Act
Case-Laws
GST
The HC set aside the impugned assessment order dated 28.08.2024 for AY 2019-2020 and consequential proceedings, applying precedent from MR. SAHULHAMEED case which established that assessees are entitled to service of notice under the modes prescribed in clauses (a), (b), and (c) of Section 169(1) of CGST Act, 2017. The petitioner was directed to submit a reply to the show cause notice within two weeks, after which respondent must provide a hearing opportunity before passing orders on merits. Any bank attachment made was ordered to be released. The petition was allowed.
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GST Proceedings Under Section 73 Not Time-Barred When Completed Before December 31 Deadline
Case-Laws
GST
The HC examined whether proceedings under Section 73 of the U.P. GST Act, 2017 were time-barred. The proceedings commenced on 20.09.2023 via show cause notice with a final order issued on 15.12.2023. Applying the precedent established in M/s A.V. Pharma vs. State of U.P. & Ors., the Court determined that such orders could only be passed until 31.12.2023, even with time extensions. Since the proceedings were completed within this timeframe (15.12.2023), they were not time-barred. However, the Court ultimately quashed the impugned orders and proceedings, allowing the petition on other undisclosed grounds.
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Assignment of Long-Term Leasehold Rights Not Subject to GST Under Section 9 of CGST Act
Case-Laws
GST
The HC quashed and set aside the show cause notice, ruling that assignment of long-term leasehold rights does not attract GST. Following Gujarat Chamber of Commerce precedent, the court determined that such assignment constitutes a transfer of benefits arising from immovable property rather than a taxable supply under the CGST Act. The deed of assignment represents a sale/transfer of leasehold rights for valuable consideration, placing the assignee in the position of lessee. As this transaction falls outside the scope of Section 7(1)(a) read with Schedule II Clause 5(b) and Schedule III Clause 5, it is not subject to GST under Section 9 of the Act.
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Blocking of Electronic Credit Ledger Quashed: Rule 86A Procedural Requirements Not Met in GST Case
Case-Laws
GST
The HC quashed the order blocking the petitioner's Electronic Credit Ledger under Rule 86A of KGST/CGST Rules. The Court found multiple procedural deficiencies: no pre-decisional hearing was provided to the petitioner; the order lacked independent “reasons to believe” as required by law; and the authority impermissibly relied on borrowed satisfaction from enforcement reports. Following K-9-ENTERPRISES precedent, the Court held that mandatory prerequisites under Rule 86A were not fulfilled. The respondents were directed to immediately unblock the petitioner's Electronic Credit Ledger to enable filing of returns. The petition was allowed.
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Agricultural Produce Market Cess Collection Ruled Unconstitutional After GST Implementation Under CGST and AGST Acts 2017
Case-Laws
GST
The HC ruled that collection of cess by respondent authorities under the Assam Agricultural Produce Market Act, 1972 post-GST implementation was unconstitutional and ultra vires to the provisions of the CGST Act, 2017 and AGST Act, 2017. Following the precedent established in M/s. Bhatter Traders, which involved pari materia issues, the Court disposed of the writ petition in favor of the petitioner. The judgment effectively invalidates the respondent authorities' power to levy and collect such cess in the GST regime, rendering their actions unlawful and establishing grounds for the petitioner's refund claim.
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West Bengal GST Amendment Extends ITC Claim Deadline to November 30, 2021 for FY 2017-18 to 2020-21
Circulars
GST – States
The WBGST Act was amended to retrospectively extend the time limit for claiming input tax credit for financial years 2017-18 through 2020-21 until November 30, 2021, and to establish special provisions for taxpayers whose registration was cancelled and subsequently revoked. The DCT clarified implementation procedures across various scenarios: ongoing investigations, pending demand notices, cases under adjudication, appellate proceedings, and revision proceedings. Taxpayers with final orders confirming demands for improper ITC claims may apply for rectification within six months from October 8, 2024. While no refund is available for tax already paid or ITC reversed due to these amendments, pre-deposits made during appeals are refundable if decided favorably.
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GST Interest and Penalty Waiver Scheme Offers Relief for 2017-20 Tax Demands if Paid by March 2025
Circulars
GST – States
The WBGST Act amendment provides a waiver scheme for interest and penalties on tax demands for FY 2017-18 to 2019-20. Taxpayers must pay the full tax amount by March 31, 2025 to qualify. For cases where ITC was denied solely due to Section 16(4) violations but now allowed under retrospectively inserted Sections 16(5) and 16(6), taxpayers may deduct such amounts from their payment. Applications must be filed in Form GST SPL-01 or SPL-02 depending on case status. The proper officer must issue an order within prescribed time limits or the application is deemed approved. No appeal lies against approval orders, though rejection orders can be appealed. The scheme covers IGST and Compensation Cess but excludes import IGST under Customs Act.
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GST Clarification: Pepper at 5%, Agriculturists Exempt, Popcorn Rates Vary, AAC Blocks at 12%
Circulars
GST – States
The CBIC circular, adopted by Maharashtra State Tax, clarifies several GST classification issues. Pepper of genus Piper attracts 5% GST, with agriculturists exempt from registration when supplying dried pepper from their cultivations. Similarly, agriculturists supplying raisins are exempt from GST registration. Ready-to-eat popcorn with salt and spices attracts 5% GST (unpackaged) or 12% GST (packaged/labeled), while caramel popcorn attracts 18% GST. Past classifications until February 14, 2025 are regularized on an “as is where is” basis. Autoclaved aerated concrete blocks with over 50% fly ash content attract 12% GST. The amended compensation cess for utility vehicles with specific engine capacity, length, and ground clearance applies from July 26, 2023.
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Late Fee Under GST Section 47(2) Applies to Incomplete Annual Returns Without GSTR-9C for High-Turnover Businesses
Circulars
GST – States
The CBIC clarified that late fee under section 47(2) of the CGST Act applies to delayed filing of complete annual returns under section 44, which includes both FORM GSTR-9 and GSTR-9C (where required). Late fee is calculated from the due date until the complete return is furnished. For taxpayers with aggregate turnover exceeding the threshold (5 crore post-August 2021), annual return filing is incomplete without GSTR-9C. Per Notification No. 08/2025-Central Tax, excess late fee for financial years up to FY 2022-23 is waived if GSTR-9C is filed by March 31, 2025, with no additional fee beyond what was payable up to the GSTR-9 filing date. No refunds are available for late fees already paid.
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Maharashtra State Tax Commissioner Adopts CBIC Circular 245/02/2025-GST Clarifying Payment Aggregator Exemptions and Penal Charges
Circulars
GST – States
The Commissioner of State Tax, Maharashtra has adopted CBIC Circular No. 245/02/2025-GST dated January 28, 2025, making it applicable to the MGST Act, 2017. The circular provides several GST clarifications: penal charges levied by Regulated Entities per RBI directives are not subject to GST; Payment Aggregators qualify for GST exemption under Sl. No. 34 of notification No. 12/2017-CTR; GST payments are regularized for research services by Government Entities (2017-2024) and skilling services by NSDC-approved Training Partners (2024-2025); facility management services to MCD are GST-taxable; DDA is not a local authority under GST law; and various other GST regularizations for composition levy taxpayers and electricity utilities.
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GST Registration Requires Applicants to Disclose All Business Premises, Automatic Registration Not Mandated Under Section 107
Case-Laws
GST
The HC dismissed the petition challenging a GST demand, finding the petitioner's claim that the Partnership Deed's reference to a fourth business site should have prompted automatic registration by authorities to be baseless. The court held that applicants bear responsibility to disclose all business premises for GST registration, and the petitioner had failed to register the fourth site for over six years. The court noted that the petitioner had not pursued the available statutory remedy of appeal under Section 107 of the GST Act, instead filing this petition over a year after the impugned order. The HC concluded no grounds existed to invoke jurisdiction under Article 226 of the Constitution, as the challenge primarily involved factual determinations properly addressed through statutory appeals.
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Jurisdictional Defects in CGST Notice Under Section 74 Lead to Stay Order as Rule 142 Ignored
Case-Laws
GST
The HC stayed a common final order issued during pending litigation, finding prima facie merit in petitioners' challenges. The court determined that the original show cause notice under CGST Act s.74 was issued without jurisdiction for failing to comply with mandatory provisions of Rule 142 of CGST Rules. Applying the maxim “sublato fundamento cadit opus,” the court held that when the foundation of proceedings is defective, all subsequent actions and orders automatically fail. Additionally, the denial of petitioners' right to cross-examine witnesses whose testimony was relied upon by respondents constituted a violation of natural justice principles. The court admitted the petitions for final hearing and stayed the operation of the impugned order to prevent irreparable harm to petitioners.
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