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Procedural Fairness Prevails: GST Department Ordered to Rectify Notice Deficiencies and Ensure Proper Hearing Mechanisms
Case-Laws
GST
HC remanded the matter to the Department for fresh consideration due to violation of natural justice principles. The Petitioner was not afforded an opportunity to file a reply or receive a personal hearing. The Court directed the Department to ensure service of notices through GST portal, personal email, mobile number, and speed post as per Section 169 o

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Tax Liability After Death: Section 93 Requires Legal Representatives' Notification Before Proceeding Against Deceased Taxpayer
Case-Laws
GST
HC held that Section 93 addresses tax liability post-death but does not authorize determination against a deceased person. Issuance of show cause notice (SCN) and demand against a deceased individual without notifying legal representatives is procedurally invalid. The statutory requirement mandates serving SCN on legal representatives and obtaining

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GST Clarifications: Loan Penalties, Payment Aggregators, R&D Services, and Multiple Sector Guidelines
Circulars
GST – States
Clarifications on several tax-related matters including: (1) no GST is payable on penal charges levied by Regulated Entities for loan contract non-compliance; (2) GST exemption is available to RBI-regulated Payment Aggregators for settlement of transactions up to 2,000; (3) regularization of GST payment for research and development services provided by Government

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Late Fee Clarification for GSTR-9C: Mandatory Annual Return Filing Penalties and Waiver Under Section 47 of CGST Act
Circulars
GST – States
Legal clarification issued by tax authorities regarding late fee applicability for delayed submission of FORM GSTR-9C. The circular establishes that late fees under section 47 of CGST Act are leviable for incomplete annual return filing, specifically when FORM GSTR-9C is mandatorily required but not submitted alongside FORM GSTR-9. Late fees will be

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Simplified GST Guidelines: Pepper, Raisins, Popcorn, Concrete Blocks, and Motor Vehicle Cess Clarified
Circulars
GST – States
The GST clarification on various several taxation issues. Key points include: (1) pepper of genus Piper attracts 5% GST under HS 0904, with agriculturists supplying dried pepper exempt from registration, (2) agriculturists supplying raisins are GST-exempt, (3) ready-to-eat popcorn is classified under different HSN codes with varying GST rates (5-18%) depending on

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Legal Clarity on WBGST Act Section 128A: Tax Payment Eligibility and Dispute Resolution Mechanism for Taxpayers
Circulars
GST – States
The Trade Circular addresses key interpretative issues regarding Section 128A of the WBGST Act, 2017, clarifying two primary concerns: (1) taxpayers who paid taxes through FORM GSTR-3B prior to 1st November 2024 remain eligible for benefits under Section 128A, subject to proper officer verification; and (2) for notices/orders spanning periods partially w

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GST Registration License Cancellation Overturned Due to Procedural Gaps in Verification Process Under Rule 25
Case-Laws
GST
HC held that GST registration license cancellation was improper due to procedural irregularities. The visit note by the CGST Superintendent lacked corroborative evidence, as no additional witnesses were present during the physical verification. The officer failed to record statements from nearby shop owners and obtain their signatures, rendering the verification pr

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GST Cancellation Ruling: Procedural Fairness Prevails, Order Quashed for Lack of Substantive Reasoning
Case-Laws
GST
HC allowed the writ petition challenging the rejection of a voluntary GST cancellation application. The court found the original order defective due to lack of reasoned explanation, violating principles of natural justice. The impugned order dated 20 November 2024 was quashed, directing the competent authority to reconsider the cancellation application afresh and dispose

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Legal Victory: Tax Evasion Arrest Upheld, Bail Granted After Careful Review of Procedural Compliance and Cooperation
Case-Laws
GST
DSC ruling on petitioner's lawful arrest in tax evasion matter. Despite allegations of procedural irregularities, court found arrest memo valid, with proper grounds explained to accused and her father. Authorization order under Section 69 was signed by accused and witnesses. Court determined further judicial custody unnecessary, noting revenue adequately sec

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GST Exemption for Rice Milling By-Products: Conversion Charges and Estimated Value Not Considered Taxable Consideration
Case-Laws
GST
HC ruled that GST cannot be levied on the value of by-products (broken rice, husk, and bran) generated during paddy milling for public distribution system (PDS). The court applied precedent from a prior case (Shiridi Sainath Industries) and determined that the conversion charges and estimated value of by-products do not constitute taxable consideration. T

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Tax Appeal Dismissed: Strict Adherence to Limitation Period Bars Judicial Review Under Statutory Remedy Provisions
Case-Laws
GST
HC dismissed the writ petition challenging tax assessment orders, finding the appeal time-barred under the 2017 Act. The appellate authority correctly rejected the appeal filed beyond the prescribed limitation period, with no power to condone delay beyond one month. Relying on Supreme Court precedent, the HC held that where statutory remedy is foreclosed by li

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Ex Parte Tax Assessment Invalidated: Procedural Defect in Notice Service Violates Natural Justice Principles, Order Set Aside
Case-Laws
GST
HC set aside ex parte assessment order due to violation of natural justice principles. The order was passed without proper service of show cause notice, as notices were uploaded in an obscure portal column rendering them effectively unnoticed by the petitioner. The Deputy Commissioner's rejection of appeal on limitation grounds was overruled. The HC

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Legal Challenge Succeeds: GST Seizure Invalidated Due to Lack of Substantive Evidence and Procedural Gaps
Case-Laws
GST
HC allowed the petition challenging goods seizure during transit. The court found no legal basis for seizure under GST Act, as authorities failed to establish tax evasion intent or document discrepancies. The goods were being transported from Meerut to Kanpur, intercepted at Basti solely due to an alternate route, without any substantive evidence of procedural violatio

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Legal Proceedings Against Deceased Person Invalidated: Show Cause Notice Quashed Due to Procedural Irregularities Under Rule
Case-Laws
GST
HC ruled that proceedings initiated against a deceased person are legally invalid. The show cause notice and subsequent order issued to the deceased proprietor were procedurally incorrect, as legal proceedings cannot be commenced against a deceased individual. The court held that while authorities may proceed against legal representatives, the existi

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Interim Relief Granted: Tax Notifications Challenged on Natural Justice Grounds, Coercive Actions Restrained
Case-Laws
GST
HC granted interim relief to petitioner challenging tax notifications, restraining respondents from taking coercive action. The court found a prima facie case of violation of natural justice principles due to non-service of show cause notice and denial of personal hearing. Multiple high courts have divergent views on the validity of the notifications, with some stri

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GST Appellate Tribunal Procedure Rules 2025 Streamline Dispute Resolution with Electronic Filing and Clear Judicial Protocols
Notifications
GST
The GSTAT Procedure Rules, 2025 comprehensively regulate the procedural framework for the Goods and Services Tax Appellate Tribunal, establishing comprehensive guidelines for filing appeals, conducting hearings, maintaining records, and managing tribunal proceedings. Key provisions include electronic filing mechanisms, detailed procedural requir

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Goods Seized After Supplier Proves Non-Existent, GST Proceedings Upheld Under Section 130 with Full Legal Validity
Case-Laws
GST
HC dismissed the petition challenging GST proceedings involving goods transportation. The court found that the supplier (M/s. Sunrise Enterprise) was a non-existent entity, and the petitioner obtained goods with a bill from an invalid supplier. Based on physical verification confirming the supplier's non-existence, the court upheld the confiscation of goods un

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GST Assessment Order Valid: Statutory Time Limit Extended Through Government Notifications for Fiscal Year 2017-18
Case-Laws
GST
HC held that the assessment order dated 13.12.2023 was not time-barred due to successive government notifications extending the statutory time limit for GST assessment proceedings for FY 2017-18. Specifically, notifications dated 21.07.2022 and 24.04.2023 extended the time limit to 31.12.2023, rendering the impugned order legally valid. Since the order was pas

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Tax Refund Challenge Rejected: Petitioner Must First Exhaust Statutory Appeals Under Section 107 of CGST Act
Case-Laws
GST
HC dismissed the writ petition challenging tax refund rejection, holding that the petitioner must first exhaust statutory appellate remedies under Section 107 of CGST Act before seeking judicial intervention. The court found the challenge premature, as the underlying adjudication order comprehensively addressed factual issues. The petitioner was directed to pursue t

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Taxpayer Challenge Rejected: Rule 86A(1)(a) Upholds ITC Blocking with Procedural Safeguards for Administrative Review
Case-Laws
GST
HC upheld the blocking of Input Tax Credit (ITC) under Rule 86A(1)(a) of Bihar GST Rules, 2017, finding sufficient material justifying the interim measure. The court confirmed the administrative order's validity while preserving the taxpayer's procedural remedy to challenge the ITC blockage. The respondent was directed to expeditiously consider and pass a r

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Tax Credit Fraud Syndicate Exposed: Systematic Fake ITC Scheme Unravels with Overwhelming Forensic Evidence of Rs. 15 Crore Fraud
Case-Laws
GST
DSC dismisses anticipatory bail application involving systematic tax credit fraud. Investigation revealed a complex nexus of fictitious firms (M/s Khwaish Enterprise, M/s Sunrise Enterprises, M/s AC Goel Tradelinks) systematically generating fake Input Tax Credit (ITC) without actual goods supply. Forensic analysis of GSTR-2A records demonstrate

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Syndicate Operator Denied Bail in Rs.56.78 Crore GST Evasion Case Involving Online Gaming Platforms
Case-Laws
GST
DSC denied bail in GST evasion case involving online money gaming platforms. The accused, identified as a key operator in a syndicate, allegedly evaded approximately Rs.56.78 Crore in GST through clandestine online services. Court emphasized economic offences are gravest societal crimes, noting critical investigation stage and potential risk of accused misusing liberty if re

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Tax Credit Saved: Technical Error Can't Block Legitimate Claim When Substantive Rights Are Clear and Verifiable
Case-Laws
GST
CESTAT allowed appellant's appeal, holding that transitional service tax credit of Rs. 6,15,409/- is admissible despite procedural error in form TRAN-1. The tribunal determined that technical glitch in entering data at incorrect serial number does not vitiate substantive rights. Revenue directed to treat data entered at Sr. No. 5 as equivalent to entry at Sr. No.

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GST Rate Dispute: Works Contract Services Remain at 18% Based on Tender Submission Date and Prevailing Tax Conditions
Case-Laws
GST
HC dismissed the petition regarding GST rate applicability. The court held that the GST rate for works contract services remained 18% at the time of tender submission, as per SRO-GST-11 dated 8th July, 2017. The subsequent notification reducing the rate to 12% on 21st September 2017 would apply prospectively. Special Condition 49 stipulates that tender rate

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Leasehold Rights Transfer for Lump-Sum Payment Exempted from GST Under Section 7(1)(a) of CGST Act
Case-Laws
GST
HC held that assignment of leasehold rights of an industrial plot by a lessee to a third party for a lump-sum consideration does not constitute a supply under GST regulations. The court determined that such a transaction involving transfer of immovable property benefits falls outside the scope of Section 7(1)(a) of CGST Act and is not subject to CGST levy under Section 9. The

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