Author: admin_gst

Input tax credit requires proof of actual receipt; penalty challenge failed and statutory appeal remained open.
Case-Laws
GST
Challenge to a GST penalty failed because the show cause notice alleged non-production of proof for inward supplies and supporting documents, and the HC treated matching documents, weighment slips and RFID particulars as material to establish actual receipt of goods and valid input tax credit. It held that input tax credit is provisional and may be denied where the assessee cannot prove receipt of goods or satisfy the statutory conditions for availment. On that basis, the objection that the order travelled beyond the notice or breached Section 75(7) was rejected, the writ was dismissed, and liberty was given to pursue the statutory appeal.
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Input tax credit cannot be denied to bona fide purchasers when supplier default is the only grievance, subject to bona fides.
Case-Laws
GST
Input tax credit cannot be denied to a bona fide purchasing dealer merely because the supplier failed to deposit the tax collected from the buyer; the Department's remedy lies against the defaulting supplier, not against the purchaser. That protection, however, does not extend to sham, collusive, or otherwise non-bona fide transactions, and the authorities may proceed where material shows such infirmity. Applying the Division Bench ruling already accepted by both sides, the Court set aside the impugned demand order and allowed the writ petition, while preserving liberty to act in accordance with law if the transactions are shown to be collusive or lacking bona fides.
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Prior notice before coercive action is a limited safeguard in investigation, not blanket anticipatory bail protection.
Case-Laws
GST
In an economic-offence investigation, the HC treated a seven-day prior notice requirement before coercive action as a limited safeguard, not anticipatory bail or blanket protection from arrest. Because the matter was still at the summons stage and no proposal for prior approval to arrest had been moved, the Court held that investigation could continue and the respondents had to join as called. The Department remained free to proceed in accordance with law if they did not cooperate. The challenge to the notice direction failed and the petitions were dismissed.
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GST registration cancellation requires Form GST REG-31 and 30-day opportunity before adverse action for bank-account non-compliance
Case-Laws
GST
Cancellation of GST registration for non-furnishing of bank account details must follow the prescribed statutory route under Rule 10A and Rule 21A(2A)(b), including suspension and notice in Form GST REG-31 with a thirty-day opportunity to explain. A notice issued in Form GST REG-17, allowing only seven working days and not properly fixing the date and place of appearance, was held to violate the mandatory procedure and principles of natural justice. Because the cancellation order was passed before expiry of thirty days, both the notice and cancellation were set aside and registration was directed to be restored, without affecting tax liability or other statutory obligations.
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Bona fide purchaser's input tax credit survives supplier tax default, with action reserved against the supplier.
Case-Laws
GST
Input tax credit cannot be denied to a bona fide purchasing dealer who transacted with a registered supplier and complied with statutory requirements merely because the supplier failed to deposit the tax collected from the purchaser. The proper remedy is to proceed against the defaulting supplier, not to shift the burden onto the purchaser by way of vicarious liability. The demand and appellate orders were set aside because the controversy was covered by binding precedent, but the Department retained liberty to act in accordance with law if material shows the transactions were collusive or not bona fide.
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Tax liability of deceased proprietor survives against legal representatives, but only with hearing and speaking order
Case-Laws
GST
Tax liability of a deceased sole proprietor may be enforced against the legal representatives to the extent of the estate, and death does not extinguish liability for tax, interest or penalty. The operative safeguard is that any adverse determination must be made only after personal hearing and by a reasoned, speaking order. A demand raised in the name of the deceased without hearing the legal representatives is not sustainable. The source also notes that another challenge was not pressed and was left open.
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GST portal fairness requires an online facility for supplementary replies where proceedings are conducted through the Common Portal.
Case-Laws
GST
GST portal-based adjudication is intended to operate primarily through the Common Portal, so a noticee should not be required to adopt a hybrid process by filing supplementary replies only offline during personal hearing. The text states that where a further reply was attempted but blocked by portal limitations, the absence of that material from the record created a procedural defect and raised natural justice concerns. It further notes that the authority should have a request-based facility for online filing of additional replies, subject to control, and that the matter was therefore sent back for fresh consideration rather than leaving the party to the appellate route.
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GST registration restoration after cancellation for non-filing can be sought by filing pending returns and paying dues
Case-Laws
GST
GST registration cancelled for non-filing of returns may be restored where the registered person furnishes all pending returns and pays the tax dues with applicable interest, penalty and late fee, because the proper officer can consider dropping proceedings under the proviso to Rule 22(4). The text notes that the High Court treated the matter as covered by an earlier coordinate Bench decision and allowed the assessee to approach the authority for restoration in accordance with law. It also records a direction that the limitation period for assessment proceedings would run from the date of the order, except for FY 2024-25, which would be governed separately.
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Reasoned GST adjudication requires consideration of the reply and proper notice before confirming demand in writing
Case-Laws
GST
A GST assessment confirming a proposed demand was set aside where the adjudication was non-reasoned and did not meaningfully deal with the assessee's reply. Although the reply had been received and acknowledged, the order merely said it was not in order and that records were not produced, without a proper discussion of the objections; the assessment was quashed and remitted for fresh decision on merits. The text also notes that calling the assessee for personal hearing before requiring a reply was procedurally improper, and due notice and proper process were directed before any final order.
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GST arrest safeguards and mechanical remand: clubbing unrelated allegations and non-supply of arrest grounds made custody illegal.
Case-Laws
GST
Clubbing alleged clandestine removal with undervaluation for GST arrest was held unsustainable because the court found no legal justification for treating the two allegations as the same offence, and noted that undervaluation required separate statutory determination; on that basis, the arrest and remand lost their foundation. It also found non-compliance with mandatory arrest safeguards, including failure to supply grounds of arrest in the prescribed manner, inadequate intimation to a relative or friend, omission of the place of arrest, and a mechanical remand order that ignored the accused's objections and the applicable law. The detention, arrest, remand and custody were therefore held illegal, and the proceedings were quashed with liberty to proceed afresh in accordance with law.
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GST demand based on FORM 26AS fails when sale deeds show a prima facie sale of immovable property.
Case-Laws
GST
Demand under GST based solely on FORM 26AS entries could not be sustained where the sale deeds, if examined, indicated a prima facie sale of immovable property outside the GST levy. The HC found that the assessment proceeded on an assumed failure to produce the deeds, but once the copies of the sale deeds and corresponding FORM 26AS were considered, the underlying transaction required proper scrutiny. The impugned orders were quashed and the matter was remitted for fresh adjudication after notice.
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Post-GST real estate anti-profiteering: no commensurate price reduction where the project and buyer transaction were entirely after GST.
Case-Laws
GST
In a post-GST real estate project, the Tribunal accepted the DGAP report and rejected the anti-profiteering objection because the flat booking, construction agreement, sale deed, and full payment all occurred in the GST era, while the building permit and RERA registration were also obtained after GST began. Applying the principle that no comparative pre-GST to post-GST input tax credit benefit arises where the entire project activity and buyer transaction are post-GST, it found no basis for commensurate price reduction under Section 171 and no profiteering. The Tribunal also rejected the claim to a 1% affordable housing rate, holding that the concessional rate applied only from 01.04.2019 and did not assist a transaction completed earlier.
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Intermediary services test failed for group procurement hub, making the services taxable import and defeating refund claims.
Case-Laws
GST
Core procurement services rendered by a foreign group procurement hub to an Indian entity were held not to be intermediary services, because the arrangement satisfied neither the statutory two-supply character of an intermediary nor a mere facilitation role. The Tribunal treated the foreign entity as an independent contractor acting on its own account under a principal-to-principal arrangement, so the services were an import of services with place of supply in India and were taxable there, defeating the refund claim. It also held that a refund application under the GST refund framework cannot be rejected solely as an afterthought merely because tax was first paid and non-taxability was later asserted.
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Natural justice breach in transitional credit rejection leads to quashing and remand for fresh hearing
Case-Laws
GST
Transitional input tax credit rejection was set aside because the order was passed before expiry of the time given to reply to the show cause notice, depriving the taxpayer of an effective opportunity to place its explanation and supporting documents. The HC treated this as a clear breach of natural justice rather than a ruling on entitlement to the credit. The impugned order was quashed and the matter remitted for fresh consideration on merits after receipt of the reply and after affording a hearing.
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GST assessments on seigniorage fees were remitted for fresh adjudication, with taxability left open pending final ruling.
Case-Laws
GST
GST assessment orders concerning short payment of tax and alleged non-payment on seigniorage fees under reverse charge mechanism were remitted for fresh adjudication. On the short-reported turnover issue, the impugned orders were treated as an addendum to the show cause notices, and the taxpayer was required to deposit 25% of the disputed tax and file separate replies with supporting documents before fresh merits-based orders were passed. On the seigniorage-fee issue, substantive taxability was not decided; instead, the matter was deferred, a 10% deposit and replies were required, and separate orders were directed only after the Supreme Court resolves the reverse charge taxability question, leaving that controversy open.
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Defective arrest memo and unlawful transit remand vitiate detention, while reasons to believe need not be served.
Case-Laws
GST
Defective arrest memo, non-disclosure of the place of arrest, and absence of lawful transit remand are treated as vitiating detention; the remand order is described as having been passed without application of mind. The discussion also says non-supply of “reasons to believe” did not invalidate the arrest, because those reasons are for judicial scrutiny rather than communication to the arrestee.
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GST prosecution bail turns on recorded reasons to believe, documentary evidence, and absence of tampering risk.
Case-Laws
GST
In a GST prosecution alleging fraudulent availing of input tax credit through invoices without actual supply, arrest must rest on recorded reasons to believe supported by material, not suspicion alone, and cannot be used to compel tax payment. The note also reiterates the presumption of innocence in criminal law. It records that where custody has continued for months, the case is largely documentary and electronic, trial is unlikely to finish soon, and there is no material of tampering, witness pressure, or non-cooperation, continued incarceration is unnecessary and bail may be granted on conditions.
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Efficacious alternative remedy bars writ review where statutory appeal remains available and merits are left open.
Case-Laws
GST
A writ petition challenging an adjudication order was not examined on merits because an efficacious statutory appeal was available and the limitation period for filing that appeal was still running. The HC sustained the preliminary objection, held that the petitioner's grounds could be tested before the appellate authority, and disposed of the petition without expressing any view on the merits. All issues were left open for consideration in appeal, and the petitioner was permitted to pursue the statutory appellate remedy within the time granted.
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Healthcare services exemption upheld where revenue-sharing clinical services remained direct patient care, not taxable support services.
Case-Laws
GST
Healthcare services supplied by a clinical establishment through doctors, specialists and para-medical personnel were held exempt under Notification No. 12/2017-Central Tax (Rate) read with the CBIC circular, because the substance of the arrangement was direct diagnosis, treatment and medical care to patients. The revenue-sharing structure did not convert the service into manpower supply or business support, and classification under SAC 9985 was rejected. The show cause notices seeking GST on exempt healthcare services were without jurisdiction and were quashed. The writ petitions were maintainable despite the alternative remedy objection because the notices proceeded on an erroneous denial of exemption and the foundational jurisdictional facts were absent.
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Condonation of delay in statutory appeal upheld where the writ remedy was pursued bona fide and delay was otherwise uncondonable.
Case-Laws
GST
The HC followed its earlier decision in an identical matter and held that delay in filing the statutory appeal could be condoned where the appellate authority had no power to condone delay and the writ remedy was pursued bona fide. The writ petition was allowed on the same terms as in Shobhalal, the original and appellate orders were quashed, and the appellate authority was directed to hear and decide the already filed appeal on merits in accordance with law, subject to compliance with the statutory deposit and other dues directed by the Court.
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Natural justice requires alternative service of GST notice after cancellation of registration; order quashed for invalid notice.
Case-Laws
GST
Where GST registration had already been cancelled, the assessee was not required to keep monitoring the GST portal for service of a show cause notice under Section 73. The Court held that, in such circumstances, notice had to be served through alternative modes; failure to do so amounted to breach of natural justice, so the impugned order was quashed, with liberty to the department to issue a proper notice and proceed in accordance with law.
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Registered owner's right to appeal in goods detention proceedings secured through supply of MOV forms and login credentials.
Case-Laws
GST
The High Court addressed the registered owner's access to the statutory remedy in detention and seizure proceedings and held that the relevant MOV forms, along with the temporary ID and password, should be furnished to the petitioner on the e-mail address stated in MOV-09. It noted that, although the forms had been prepared in the name of the driver or person in charge, the right of appeal vested in the owner of the goods. The petitioner was therefore permitted to pursue the statutory remedy, with limitation computed from compliance with the direction and no objection as to limitation to be raised.
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GST appellate remedy revived as Tribunal becomes functional; writ challenge not examined, with limitation protection and pre-deposit credit.
Case-Laws
GST
Availability of the GST Appellate Tribunal rendered the writ challenge unnecessary, as the Court noted that the Tribunal had been constituted, its procedural rules notified, and Members appointed. The petitioner was therefore relegated to the statutory appellate remedy, and the Court declined to examine the impugned orders on merits. An appeal was permitted to be filed within the period notified by the Central Government, with a direction that no limitation objection be raised if filed within that period. The amount already deposited under the interim order was treated as compliance with the statutory pre-deposit requirement, subject to production of the certified copy of the interim order and proof of deposit, and any appeal defects were to be cured within the stipulated time.
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Writ petition not entertained where an efficacious CGST Appellate Tribunal remedy remained available and could address the same grounds.
Case-Laws
GST
The HC declined to entertain the writ petition because an effective statutory appeal remedy before the CGST Appellate Tribunal was available. It noted that the Tribunal under Section 112 of the CGST Act had started functioning and that, under the notified extension, appeals against orders communicated before 01.04.2026 could be filed up to 30.06.2026. As the impugned order-in-appeal fell within that category, the petitioner could raise the same grounds before the Tribunal. The petitioner was relegated to the appellate remedy with liberty to file the appeal within the extended period.
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CGST search, sealing and provisional attachment upheld where statutory remedies were available and taxpayer did not cooperate.
Case-Laws
GST
No overlapping proceedings under Section 6(2)(b) were established, because the petitioner did not show that any other competent authority had already initiated action on the same subject matter. The Court held that search and seizure under Section 67, including sealing of premises when required, and provisional attachment under Section 83 were within the CGST framework. It further held that statutory remedies existed for release of seized goods and de-sealing, yet the petitioner bypassed those remedies and did not cooperate with summons or the investigation. In these circumstances, the availability of an alternative efficacious remedy barred interference under Article 226, and the writ petition was dismissed.
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