Author: admin_gst

GST arrest safeguards require the Commissioner's recorded reasons and document identification numbers on specified arrest-related communications.
Case-Laws
GST
GST arrest under Section 69 of the CGST Act requires the Commissioner personally to form and record reasons to believe, based on credible material, concerning the specified offence, the requisite intent and the justification for arrest. The reasons must identify the underlying material, show due application of mind and be communicated to the arrestee; a bare recital is insufficient. Grounds of arrest and reasons to believe require an electronically generated Document Identification Number, subject to limited exceptions and prescribed regularisation. Inclusion in an arrest memo does not dispense with that requirement.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST recovery on disclosed works-contract price adjustments requires material showing deliberate evasion to invoke the extended limitation period.
Case-Laws
GST
Extended GST recovery under Section 74(1) requires a material-based conclusion, discernible from the show cause notice, that non-payment resulted from fraud, wilful misstatement or suppression of facts with intent to evade tax. Mere non-payment or erroneous self-assessment under a bona fide belief is insufficient, and an approaching limitation deadline cannot replace the statutory preconditions. A writ challenge under Article 226 may be maintained at the show cause stage where jurisdictional conditions are absent, notwithstanding the availability of statutory remedies. An authority cannot establish jurisdiction by incorrectly determining the conditions governing its power.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST amnesty recognises adjusted tax payments from the original intimation date when assessing interest and penalty waiver eligibility.
Case-Laws
GST
Tax paid through Form GST DRC-03 with an incorrect financial year can be adjusted against the relevant demand through Form GST DRC-03A. Under Rule 142(2B) of the CGST Rules, the adjusted amount is treated as paid towards that demand on the original DRC-03 intimation date. Accepted payment adjustments and appropriation of a pre-deposit that reduce outstanding principal tax to nil satisfy the principal-tax payment condition for interest and penalty waiver under Section 128A of the CGST Act. The competent authority must consider those adjustments in the Electronic Liability Register when examining the waiver application.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Transit-state penalty powers exclude documented goods without local tax incidence; revenue-neutral stock-transfer invoice timing mismatches also avoid penalties.
Case-Laws
GST
Inspection of goods in transit is distinct from penal jurisdiction under section 129. Where documented interstate goods merely pass through a State without a tax incidence there, its authorities cannot seize them or impose a penalty under that provision; documentary deficiencies may instead be reported to the GST authorities in the origin or destination State. Such seizure and penalties infringe freedom of trade and commerce under Article 301. Section 129 addresses deliberate tax evasion, not a revenue-neutral invoice timing mismatch between distinct registrations of the same business when valid tax invoices and e-way bills cover the movement.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Deemed export refunds for suppliers require recipient undertakings, with supply-wise limitation and cross-year claims permitted under GST.
Case-Laws
GST
Suppliers may claim refunds of tax on deemed exports when recipients have not availed input tax credit and furnish undertakings permitting the claims; both parties cannot claim refunds for the same supplies. Refund applications may combine tax periods across financial years. The two-year limitation is assessed for each supply by reference to the return relating to that supply, rather than the period entered in the application. Prior intimation in Form A is required for supplies to an export-oriented unit. An appellate order granting a refund against rejection is treated as an order under Section 54(5), and interest on refunds delayed beyond 60 days is governed by Section 56.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST rate and classification clarifications and guidance on services apply to Odisha GST implementation with necessary adaptations.
Circulars
GST – States
CBIC circulars clarifying GST rates and classification of certain goods and the applicability of GST to certain services apply, with necessary adaptations, to implementation of the Odisha Goods and Services Tax Act, 2017. The circulars are clarificatory and are applied to ensure uniformity. Implementation difficulties may be brought to the attention of the state tax commissioner.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST inspection payments: missing acknowledgment and unconsidered refund representation result in refund and permission for manual appeals.
Case-Laws
GST
Non-issuance of a Form GST DRC-04 acknowledgment for GST payments made during inspection rendered the proceedings concluded in Form GST DRC-05 invalid. The representation disputing the payments and seeking a refund had not been considered. Delay in submitting it did not alone justify rejecting the claim, given the family wedding coinciding with the inspection and related customary formalities. The orders were set aside, and refund of IGST, CGST and SGST was directed within eight weeks of receipt of the order. Manual appeals were permitted within twelve weeks.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Family-member surety requirements can be modified when inability to comply prevents release despite bail and affects personal liberty.
Case-Laws
GST
The benefit of bail cannot be denied merely because an accused cannot furnish the bail bond in the prescribed manner, as withholding it on that ground affects the right to personal liberty under Article 21 of the Constitution. Where a family-member surety requirement prevents release, it may be modified to permit two local solvent sureties and additional cash security. The security is to be held in an interest-bearing account at a nationalised bank, renewable until conclusion of the trial and subject to its final outcome. The remaining bail conditions stay intact.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Principal-to-principal overseas services qualify as exports when statutory conditions are met, supporting input tax credit refunds.
Case-Laws
GST
Intermediaries arrange or facilitate supplies for others, while services supplied on a principal-to-principal basis on the supplier's own account are not intermediary services. Such services to overseas group entities qualify as exports where the recipient and place of supply are outside India, payment is received in convertible foreign exchange, and the Indian supplier and foreign recipient are separately incorporated. Qualifying exports support refunds of unutilised input tax credit with statutory interest. Principal Bench jurisdiction applies to refund appeals involving place of supply, including where intermediary status determines it. Refund rejection grounds must be specified in the show-cause notice and appellate findings reasoned; inadequately communicated grounds violate natural justice.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Railway construction GST concessions require a qualifying composite works contract, not merely services supplied to the railways.
Case-Laws
GST
The concessional 12% GST rate for railway construction requires a composite supply of works contract relating to immovable property. Classification as construction services or supply to the railways alone does not establish eligibility. For railway earthwork, bridge and allied services, invoices described general construction services and a qualifying composite works contract was not established. The services attracted 18% GST rather than the concessional rate.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Delayed GST refund interest remains payable despite electronic credit ledger payment or payment exceeding the statutory pre-deposit.
Case-Laws
GST
Section 56 provides for interest where an admissible GST refund is not granted within 60 days of receipt of the refund application. Interest cannot be denied solely because disputed tax was paid through the Electronic Credit Ledger and the debited input tax credit was restored through FORM GST PMT-03 after the demand was set aside. Sections 107(6) and 107(7) prescribe minimum payments for an appeal and the statutory stay of recovery, not a ceiling on payment. Paying the entire disputed demand does not waive entitlement to otherwise payable statutory refund interest.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Suppressed outward supplies require transaction-wise verification and reasoned findings before diary entries can support tax and penalty determinations.
Case-Laws
GST
Suppressed outward supplies cannot be established by aggregate diary figures without a demonstrable factual basis. A reasoned determination requires identification and entry-wise examination of relevant transactions, reconciliation with accounts and statutory returns, and consideration of the taxpayer's explanations and supporting evidence. Missing invoices or books during investigation do not alone establish suppression; subsequently produced invoices and claims of disclosure in GSTR-1 also require verification. Consequential tax and penalty must be determined through a reasoned decision after a reasonable opportunity of hearing.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Incomplete or expired e-way bills without valid explanation attract penalties despite matching invoices and asserted absence of tax evasion.
Case-Laws
GST
Incomplete or expired e-way bills can attract a penalty under Section 129(3) when goods are transported without a valid explanation. A valid e-way bill requires completed Parts A and B, including vehicle particulars. The registered person causing movement remains responsible for valid transit documentation despite transporter negligence. Compliance must exist at interception; later updates to vehicle details or disclosure in GSTR-1 returns do not cure the breach. Matching goods and invoices, or an asserted absence of intent to evade tax, do not justify waiver where the documentation defaults lack a substantiated explanation.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Bunched export refund appeals require a Division Bench when their combined value exceeds the ceiling or legal interpretation arises.
Case-Laws
GST
For bunched appeals, Section 109(8) of the CGST Act, read with Rule 110A of the CGST Rules, permits placement before a Single Member Bench only with the President's approval, if their cumulative value does not exceed Rs. 50 lakh and no question of law arises. Rejection of an IGST refund is a denial of entitlement, rather than a determination against the taxpayer of tax, input tax credit, fine, fee or penalty under that provision. Whether the amending notification is curative and retrospective or substantive and prospective raises a question of law requiring Division Bench consideration. Retrospective operation and refund entitlement remain to be determined on merits.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Paper bags made from kraft, greaseproof and glassine paper attract concessional GST, with input tax credit subject to conditions.
Case-Laws
GST
Kraft, greaseproof and glassine paper bags made using adhesive glue fall under HSN 48194000 as other sacks and bags, including cones, within heading 4819. They are not covered by the specified GST exemption notifications and attract GST at 5% under Entry 319 of Schedule I, comprising 2.5% central tax and 2.5% state tax. Input tax credit on inputs and input services used to manufacture these taxable bags is available subject to the conditions in section 16 of the CGST and TNGST Acts.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Expired e-way bills and vehicle number mismatches can attract transport penalties where circumstances establish an intention to evade tax.
Case-Laws
GST
An expired e-way bill is treated as no e-way bill for transport under section 129(1) of the CGST/UPGST Acts read with rule 138 of the CGST Rules. Fiscal penalties are civil liabilities and do not require mens rea unless the provision incorporates it, but the department must show an intention to evade tax under section 129, which may be inferred from surrounding circumstances. An incomplete e-way bill raises a rebuttable presumption of that intention. Penalty applied where Part-B showed a different vehicle number and the breakdown explanation lacked reliable contemporaneous support, although the goods, invoice and consignment note were otherwise in order.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Non-consecutive GST invoice numbers alone do not justify detention or severe penalties for documented transactions without tax evasion.
Case-Laws
GST
Non-consecutive invoice numbering under rule 46(b) is a technical irregularity that does not by itself make a duly documented movement of goods unlawful or untaxed. Detention and penalty under section 129(3) are not justified for a bona fide numbering lapse where transport documents are valid, the goods match their recorded quantity and description, and no tax evasion or revenue loss is established. Section 125 is the potential general penalty route for such an infraction, although the required deliberate non-compliance was absent. The transaction between registered dealers was recorded in their accounts and was revenue-neutral.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Departmental appeal limits permit discretionary exceptions, while penalties for technical e-way bill lapses in genuine transactions require evasion intent.
Case-Laws
GST
The monetary limit for departmental appeals does not apply where the State Tax Commissioner considers a contest necessary in the interests of justice or revenue. That opinion cannot be challenged, and the Commissioner need not state reasons. For a technical failure to complete e-way bill Part B in an otherwise genuine transaction, penalty under section 129 requires an intention to evade tax supported by material and reasoned findings. Genuine documents accompanying the goods can rebut a presumption of evasion; a pre-movement e-invoice can disclose the transaction on the portal and auto-populate GSTR-1.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST invoice penalties require evidence review and an effective hearing where material transaction facts need further verification.
Case-Laws
GST
GST penalties for invoices without actual supply require collective assessment of contemporaneous records. Absence of stock at premises vacated before inspection cannot alone establish fictitious trading, while assertions of past trading do not establish genuineness. Subsequent cancellation of a supplier's registration requires verification of its status during the transactions and whether supplies were made. Books and supporting evidence must be examined, including whether the taxpayer substantiated the transactions. An ex parte penalty order is not set aside merely because the taxpayer was absent; reconsideration with an effective hearing and a reasoned order is warranted where material factual questions require further verification.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST exemption for examination services covers printing, scanning, result processing and associated delivery supplied to educational institutions.
Case-Laws
GST
Examination-related printing using content supplied by educational institutions is a composite supply of services under Heading 9989, with printing as the principal supply and paper as an ancillary input. The institutions retain ownership and usage rights in the content, while the supplier provides the physical inputs. GST exemption applies to services supplied to educational institutions in relation to conducting examinations, including printing question papers, hall tickets, OMR sheets and answer booklets. Post-examination scanning, result processing and printing of marksheets and certificates also qualify, as does associated transportation and delivery.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Input tax credit mismatches and incorrect tax-head reporting do not by themselves justify denial when eligibility is established.
Case-Laws
GST
Mismatches between Form GSTR-3B and Form GSTR-2A warrant verification but do not alone establish failure to meet the supplier tax payment condition. Reflection of IGST in GSTR-2A, bank evidence of payment inclusive of tax, and reconciliation can discharge the recipient's burden where no material showing supplier non-payment is produced. Verification certificates under the relevant circular are not additional eligibility conditions; its specified mismatch scenarios do not apply where IGST is reflected in GSTR-2A. Inadvertently reporting otherwise admissible IGST credit under CGST and SGST heads is a reporting error, not wrong availment. Provisions governing tax paid under an incorrect head do not prescribe an exclusive remedy for recipient credit. Where appellate relief makes a statutory pre-deposit refundable, interest runs from payment until refund, even without a specific request.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST exemptions for government-facing incubation services depend on recipient status, while enterprise-support funds and incubator recognition affect tax treatment.
Case-Laws
GST
GST exemptions requiring supply to the Government do not extend to government societies. Consultancy to establish incubators for a rural livelihoods society does not directly perform functions under Article 243G; the claimed government-recipient exemptions are unavailable, and the consultancy attracts GST at 18%. Incubation and capacity building form a composite supply, with incubation and enterprise development as the principal supply. Under the contractual arrangement, enterprise-support grants and loans form part of taxable value; passing them on to enterprises alone does not establish a pure-agent exclusion. That exclusion requires written authorisation, actual-cost recovery, separate invoicing and no ownership or benefit to the supplier. The technology business incubator exemption applies only from the effective date of NSTEDB recognition, subject to its conditions.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Unaccounted tobacco stock found during survey attracts tax determination instead of direct confiscation, penalty and fine.
Case-Laws
GST
Unaccounted tobacco stock discovered during a survey is subject to tax determination under sections 73 or 74 of the CGST/UPGST Act rather than direct confiscation, penalty and fine under section 130. Section 35(6), read with section 35(1), permits the proper officer to determine tax on unaccounted goods as if they had been supplied. A departmental appeal under section 112 against a rectification that merely corrects an omission in an appellate order is not maintainable when the original appellate order remains unchallenged.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Kraft paper bag classification and GST rates: qualifying bags attract concessional tax with conditional input tax credit.
Case-Laws
GST
Unbranded kraft paper bags without handles and with a base width below 40 cm fall under tariff item 48194000 as other sacks and bags, rather than the entry for bags with a base width of 40 cm or more. They are not covered by the specified GST exemptions. Kraft paper bags manufactured using adhesive glue attract GST at 5% under entry 319 of Schedule I, which covers paper sacks and bags as well as biodegradable bags. Input tax credit on inputs and input services used in manufacture is available subject to the conditions in section 16 of the CGST and TNGST Acts.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Transitional CENVAT credit survives portal-related filing delays, while fraud demands and penalties require evidence and proper notice.
Case-Laws
GST
Transitional CENVAT credit under section 140(1) remains available where an undisputed balance is declared in a timely TRAN-1 and an outstanding ER-1 return is filed at the first available opportunity after departmental portal failures prevented timely filing. Such filing constitutes substantial compliance; procedural requirements cannot defeat substantive credit when compliance is impossible for reasons beyond the taxpayer's control. Section 75(7) confines adjudication to the grounds in the show-cause notice, so a fraud-based penalty cannot be imposed when the notice proposes only a non-fraud penalty. A demand under section 74(1) requires evidence of fraud, wilful misstatement or suppression to evade tax; disclosed portal difficulties and unsupported allegations do not establish those grounds.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =