Author: admin_gst

Recording reasons in writing is mandatory before blocking input tax credit under Rule 86-A; later explanations cannot cure the defect.
Case-Laws
GST
Blocking of input tax credit under Rule 86-A requires the competent authority to record reasons to believe in writing before exercising the power. The High Court held that a bare statement alleging fraudulent availment of ITC, without disclosure of the supporting reasons in the order itself, is a jurisdictional defect. Reasons supplied later through affidavit or instructions could not cure the invalidity, because the legality of the order must be tested on the reasons recorded at the time of decision. The blocking order was set aside, with liberty to pass a fresh order in accordance with law.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

At 22 pc, Haryana GST collection growth rate in May highest in country: State govt
GST
Dated:- 2-6-2026
PTI
Chandigarh, Jun 2 (PTI) Haryana has secured first rank among all states in the country in terms of growth rate in state GST collections for May, recording a rise of 22 per cent year-on-year, an official statement said on Tuesday.

The national average in the state GST collections for May 2026 remained 6 per cent.

Haryana is followed by Meghalaya (19 per cent), Karnataka (17 per cent) and Gujarat (16 per cent), the state government statement said.

Haryana's net state GST (post-settlement) collection for May is Rs 4,456 crore, which is Rs 807 crore higher than collection for May of previous year (Rs 3,649 crore).

= = = = = = = =

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

= = = = = = = =

Gross and Net GST revenue collections for the month of May, 2026
GST
Dated:- 2-6-2026

The gross and net GST revenue collections for the month of May, 2026.

Thanks,

Team GSTN

=============
Document 1GST Gross and Net Collections as on 5/31/2026 (Amount in crores)
Monthly Yearly
GST Collections May 25 May-26 % Growth May 25 May-26 % Growth
A B C D = C/B E F G = F/E
A.1. Domestic
CGST 35,434 37,397 84,067 89,537
SGST 43,902 45,143 1,03,274 1,06,474
IGST 58,767 51,990 1,28,271 1,23,641
Gross Domestic Revenue 1,38,102 1,34,530 -2.6% 3,15,613 3,19,653 1.3%
(See note below)
A.2. Imports
IGST 50,070 59,654 95,824 1,17,234
Gross Import Revenue 50,070 59,654 19.1% 95,824 1,17,234 22.3%
A.3. Gross GST Revenue(A.1+A.2)
CGST 35,434 37,397 84,067 89,537
SGST 43,902 45,143 1,03,274 1,06,474
IGST 1,08,836 1,11,644 2,24,095 2,40,876
Total Gross GST Revenue 1,88,172 1,94,184 3.2% 4,11,437 4,36,887 6.2%
(See note below)
B.1. Domestic Refunds
CGST

= = = = = = = =

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

= = = = = = = =

3,58,203 3,77,824 5.5%
(See note below)

Note:

(1) The above numbers are provisional and the actuals number may have slightly vary on finalisation.

(2) May 2025 GST Revenue includes Rs. ~ 10,000 crore of one-time payment made by a telecom operator for spectrum allocation. Adjusted for this one-time payment, Gross GST Revenue grew 9% in May 2026 with Domestic Gross GST growth being 5%. Adjusted Net GST Revenue growth in May 2026 was 10.1%. With no one-time payment in May 2026, adjusted growth is therefore the right measure to evaluate the GST performance for the Month.

Table 1A: SGST & SGST portion of IGST settled to States/UTs in May, 2026

(Rs. in crore)

Pre-Settlement SGST Post-Settlement SGST1
State/UT May-25 May-26 Growth (%) May-25 May-26 Growth (%)
Jammu and Kashmir 202 199 -2% 655 700 7%
Himachal Pradesh 204 201 -1% 507 557 10%
Punjab 797 850 7% 2,083 2,310 11%
Chandigarh 60 59 -1% 193 219 13%
Uttarakhand 519 407 -22% 822 883 8%
Haryana 2,081 2,107 1

= = = = = = = =

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

= = = = = = = =

daman & Nicobar Islands 19 20 9% 55 53 -2%
Telangana 1,715 1,861 8% 3,505 3,994 14%
Andhra Pradesh 1,190 1,316 11% 2,629 3,037 16%
Ladakh 11 12 9% 35 33 -7%
Other Territory 27 45 66% 130 176 36%
Grand Total 43,902 45,143 3% 82,874 88,188 6%

Table-2B: SGST & SGST portion of IGST settled to States/UTs till May, 2026

(Rs. in crore)

State/UT Pre-Settlement SGST Post-Settlement SGST1
2024-25 2025-26 Growth 2024-25 2025-26 Growt h
Jammu and Kashmir 578 645 11% 1,368 1,779 30%
Himachal Pradesh 519 523 1% 1,042 1,374 32%
Punjab 1,880 2,029 8% 3,878 5,297 37%
Chandigarh 139 140 1% 368 508 38%
Uttarakhand 1,239 1,048 -15% 1,705 2,132 25%
Haryana 4,595 4,754 3% 7,387 10,370 40%
Delhi 4,608 3,800 -18% 7,392 7,515 2%
Rajasthan 3,667 3,686 1% 7,435 8,839 19%
Uttar Pradesh 7,133 7,469 5% 14,406 17,755 23%
Bihar 1,870 1,662 -11% 4,989 5,543 11%
Sikkim 134 144 7% 247 268 9%
Arunachal Pradesh 241 259 7% 505 559 11%
Nagaland 88 85 -3% 236 229 -3%
Manipur 121 84 -30% 227 21

= = = = = = = =

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

= = = = = = = =

4 23%

1 Post-Settlement GST is cumulative of the GST revenues of the States/UTs and the SGST portion of the IGST settled to the States/UTs

Table 2: State-wise growth of GST Revenues during May, 20262

State/UT May-25 May-26 Growth (%)
Jammu and Kashmir 565 451 -20%
Himachal Pradesh 841 615 -27%
Punjab 2,366 2,252 -5%
Chandigarh 362 373 3%
Uttarakhand 1,594 1,298 -19%
Haryana 9,478 10,217 8%
Delhi 10,289 8,525 -17%
Rajasthan 4,702 4,192 -11%
Uttar Pradesh 7,732 8,728 13%
Bihar 1,698 1,588 -7%
Sikkim 424 200 -53%
Arunachal Pradesh 150 142 -5%
Nagaland 63 64 1%
Manipur 118 68 -42%
Mizoram 29 34 20%
Tripura 92 99 7%
Meghalaya 210 182 -13%
Assam 1,502 1,305 -13%
West Bengal 5,871 5,327 -9%
Jharkhand 2,241 2,246 0%
Odisha 4,264 4,050 -5%
Chhattisgarh 2,224 2,211 -1%
Madhya Pradesh 3,020 3,038 1%
Gujarat 11,113 11,206 1%
Dadra and Nagar Haveli and Daman & Diu 351 483 38%
Maharashtra 29,236 29,141 0%
Karnataka 12,952 13,130 1%
Goa 582 535 -8%
Lakshadweep 7

= = = = = = = =

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

= = = = = = = =

4 810 1,088 1,225 3,123 1,481 2,029 1,986 5,497 2.0% 0.7% 1.2%
4 Chandigarh 14,680 52 60 142 254 18,912 62 80 283 425 114 140 425 679 -4.4% -0.8% -2.1%
5 Uttarakhand 1,00,100 301 451 915 1,667 1,27,783 452 596 599 1,647 752 1,048 1,514 3,314 -12.2% -27.5% -20.5%
6 Haryana 2,81,390 1,642 1,987 7,297 10,926 3,58,455 2,249 2,767 8,423 13,439 3,891 4,754 15,721 24,365 -7.5% 22.4% 6.9%
7 Delhi 3,63,993 1,342 1,581 3,789 6,712 5,46,784 1,954 2,219 6,511 10,685 3,296 3,800 10,300 17,397 -14.9% 0.8% -5.9%
8 Rajasthan 3,83,005 1,339 1,598 1,360 4,298 6,15,812 1,662 2,088 1,612 5,362 3,002 3,686 2,972 9,660 -10.9% -9.5% -10.2%
9 Uttar Pradesh 9,92,658 2,759 3,396 4,286 10,441 11,83,077 3,284 4,073 3,787 11,144 6,043 7,469 8,074 21,586 9.6% 7.1% 8.3%
10 Bihar 3,18,005 473 696 452 1,621 3,91,503 538 966 236 1,739 1,010 1,662 688 3,360 -9.4% -15.3% -12.6%
11 Sikkim 5,082 43 53 150 246 6,734 63 91 61 215 106 144 211 462 -48.7% -48.1% -48.4%
12 Arunachal Pradesh 9,270 58 71 14 142 12,879 157

= = = = = = = =

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

= = = = = = = =

5,345 -15.3% 6.7% -5.6%
23 Madhya Pradesh 2,55,925 1,093 1,346 1,054 3,493 3,53,285 1,373 1,649 1,172 4,193 2,465 2,995 2,226 7,686 -4.1% 6.2% 1.3%
24 Gujarat 6,14,459 3,730 4,202 4,213 12,145 8,00,212 4,642 5,277 4,762 14,681 8,372 9,479 8,975 26,826 5.4% 5.0% 5.2%
26 Dadra and Nagar Haveli 7,124 47 57 265 370 9,862 83 141 440 664 130 198 705 1,033 17.2% 25.1% 22.1%
27 Maharastra 8,59,619 9,762 11,007 12,973 33,741 11,73,571 11,881 12,891 13,095 37,867 21,643 23,898 26,068 71,608 14.7% -3.1% 4.5%
29 Karnataka 4,55,050 3,982 4,829 7,089 15,900 6,58,195 4,552 5,196 6,421 16,169 8,534 10,025 13,510 32,069 6.7% 10.8% 8.7%
30 Goa 20,337 164 198 135 497 29,664 287 338 169 795 451 536 304 1,292 -12.7% -2.2% -6.5%
31 Lakshadweep 271 2 2 1 5 261 1 1 1 2 2 3 1 7 -37.1% -54.5% -43.7%
32 Kerala 1,79,537 1,598 1,854 668 4,120 2,66,739 1,081 1,372 469 2,922 2,679 3,226 1,137 7,042 8.0% 4.0% 6.3%
33 Tamil Nadu 5,23,171 2,960 3,588 4,043 10,591 7,24,970 3,816 4,913 4,075 12,804 6,776 8,501

= = = = = = = =

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

= = = = = = = =

Prima facie conspiracy and facilitation of illegal gratification can defeat bail despite charge-sheet filing and expected trial delay.
Case-Laws
GST
Filing of a charge-sheet, pendency of sanction against another accused, a long witness list, or anticipated trial delay do not by themselves justify bail in a corruption conspiracy case. The Court found a prima facie chain of circumstantial evidence linking the applicant to demand and facilitation of illegal gratification, including intercepted communications, presence at the transfer meeting, recovery of firm records near his residence, and the prosecution case that the recovered amount was the share of all accused. It rejected the plea that liability lay only with the co-accused who physically carried the money, holding that prima facie conspiracy and facilitation can sustain prosecution even without direct receipt of the bribe. Bail was refused.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST writ petition refused as appellate remedy covered evidence review, additional evidence, and distinct section 73 and 74 proceedings.
Case-Laws
GST
Writ jurisdiction was refused in GST adjudication because the controversy was amenable to the statutory appeal. The High Court held that proceedings under sections 73 and 74 of the CGST Act operate in distinct fields, so exoneration under section 73 did not bar action under section 74 on the material before the authorities. It also held that appraisal and reappraisal of evidence, including consideration of additional evidence, lay within the appellate process. The need to make a statutory pre-deposit was not a sufficient ground to bypass the appeal, and the petitioner was left to pursue that remedy on merits.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST rate reduction profiteering on cinema tickets upheld, with price rollback breach, prospective interest, and no retrospective penalty.
Case-Laws
GST
Section 171 required the benefit of a GST rate reduction to be passed on through a corresponding price reduction, and the Tribunal found profiteering where cinema ticket prices were kept at the same cum-tax level by increasing the base price. It upheld the DGAP's computation, including GST in the profiteered amount because the excess collection itself was tax-inclusive and not lawfully due. The Tribunal also held that interest under Rule 133(3)(c) applied only prospectively from 28.06.2019, but declined penalty because the penal provision could not operate retrospectively for the relevant period. The profiteered amount was directed to be deposited in the Consumer Welfare Fund with interest from 28.06.2019.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Late fee for delayed GST annual return cannot be doubled with general penalty; excess demand was set aside.
Case-Laws
GST
Delayed filing of the annual return in GSTR-9 attracted a specific late fee under the GST enactments, but the Court applied its earlier ruling to hold that general penalty under Section 125 could not be imposed for the same default. It further held that the late fee could not be demanded beyond the permissible limit recognised in that precedent, and the demand in excess of the limit under the CGST and SGST enactments was unsustainable. The impugned order was therefore set aside to that extent, while the petitioner was directed to pay the admitted tax liability within the time granted.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Grounds of arrest and mechanical remand under GST rendered detention illegal; habeas corpus remained maintainable.
Case-Laws
GST
Non-supply of the grounds of arrest and a mechanically passed remand order rendered the arrest, detention and judicial remand illegal under the CGST Act. Applying its earlier ruling in Hari Shankar Sharma, the HC noted that the arrest memo and record did not establish due service of the grounds of arrest, and that the remand court had acted without proper application of mind to the statutory and constitutional safeguards. It held that habeas corpus remained maintainable despite judicial remand where the remand itself was vitiated, quashed the remand order, and left the respondents free to proceed afresh in accordance with law.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST registration cancellation may be revoked on payment of dues and compliance with required formalities, subject to undertaking.
Case-Laws
GST
A taxpayer whose GST registration was cancelled for non-filing of returns was stated to be entitled to reopening of the GST portal and restoration of registration upon compliance. On the petitioner's undertaking to deposit the entire tax, interest, late fee and penalty and to complete the required formalities, the High Court directed reopening of the portal within seven days, payment within the following seven days, and revocation of cancellation once compliance was made. The direction was conditional: if the undertaking was not honoured, the order would not take effect.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Andhra logs best-ever May GST revenue of Rs 4,987 crore
GST
Dated:- 1-6-2026
PTI
Amaravati, Jun 1 (PTI) Andhra Pradesh recorded Rs 4,987 crore GST revenue in May this year, marking the highest-ever revenue for the month since the Goods and Services Tax regime came into force in 2017.

Chief Commissioner of State Tax A Babu said the record collections were achieved despite GST 2.0 rate rationalisation measures aimed at simplifying the tax structure and enhancing ease of doing business.

“After April's record performance, Andhra Pradesh has logged its best-ever May with revenue of Rs 4,987 crore, registering an increase of Rs 737 crore over May 2025,” Babu said in a press release.

According to the Commercial Taxes Departmen

= = = = = = = =

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

= = = = = = = =

,768.82 crore, sustaining the state's revenue momentum, he said.

Professional tax collections stood at Rs 48.92 crore during May, supported by Aadhaar integration and expansion of the taxpayer base through departmental drives, while liquor VAT collections increased by 4.09 per cent.

The department noted that net GST collections in May have shown a consistent upward trend since the introduction of GST in 2017, rising from Rs 1,346 crore in May 2018 to Rs 3,037 crore in May 2026 despite multiple rate reductions over the years.

Key measures supporting revenue growth included AI-based data analytics, AI-powered scrutiny systems, AI-led IGST reversal enforcement, UPI-based transaction analytics, Distribution Companies (DISCOM)-linked re

= = = = = = = =

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

= = = = = = = =

Central Government notifies export levies on exports of petrol, diesel and aviation turbine fuel (ATF) for the fortnight beginning 1st June, 2026
GST
Dated:- 1-6-2026

Export levies [Special Additional Excise Duty (SAED)/Road and Infrastructure Cess (RIC)] on the exports of petrol, diesel and aviation turbine fuel (ATF) were introduced with effect from 27^th March, 2026 so as to ensure domestic availability of petroleum products by disincentivising exports in the backdrop of the West

= = = = = = = =

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

= = = = = = = =

GST collections grow 3.2 pc in May to Rs 1.94 lakh cr
GST
Dated:- 1-6-2026
PTI
New Delhi, Jun 1 (PTI) Gross GST collections rose 3.2 per cent to over Rs 1.94 lakh crore in May on improved supplies of goods and services, and continued expansion of collection from imports, government data showed on Monday.

Gross GST collection stood at Rs 1.88 lakh crore in May, 2025.

Gross Central GST (CGST) collection from domestic transactions during the reported month stood at Rs 37,397 cro

= = = = = = = =

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

= = = = = = = =

Substantial compliance with bid payment condition defeats cancellation where third-party deposit was received and undisputed.
Case-Laws
GST
Cancellation of a mandi shop allotment for alleged failure to deposit 50% of the bid amount was found unsustainable where the remaining amount had been paid on behalf of the allottee and its receipt by the authority was undisputed. The Court treated this as substantial compliance with the payment condition and held that the allotment could not be cancelled on the premise of non-payment. The cancellation order and revisional order were set aside, and allotment of the shop in favour of the petitioner was directed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Essential character test places brake hoses under vulcanised rubber heading despite automotive use and fittings.
Case-Laws
GST
Brake hoses for two-wheelers and four-wheelers were treated as tubes, pipes and hoses of vulcanised rubber under Heading 4009 because the rubber component gave the goods their essential character under GRI 3(b). Steel fittings and automotive braking use did not change their classification, as Heading 4009 covers hoses with or without fittings. Section XVII vehicle-part classification was rejected because the conditions for applying those notes were not satisfied and the goods were more specifically covered elsewhere. The prior classification under Chapter 87 was set aside, and the applicable GST rate was held to be 18%.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

General penalty cannot be levied where GST late fee already applies; High Court upheld the late fee and struck the residual penalty.
Case-Laws
GST
General penalty under the GST regime cannot be imposed where the statute already provides for late fee for delayed filing of annual returns, because the residual penalty provision applies only in the absence of a specific penalty under the enactment. The High Court followed its earlier decision in Ms. Kandan Hardware Mart and held that the impugned order was unsustainable only to the extent it levied general penalty under the TNGST Act, 2017. The late fee liability was upheld and left undisturbed, with payment directed within the time granted by the Court.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Detention of goods in transit quashed where required transport documents were available and detention lacked legal basis.
Case-Laws
GST
Where a vehicle and goods in transit were detained, the Court found that all transportation documents required to accompany the goods were available at the time of detention. On that factual basis, the detention was treated as resting on extraneous grounds and therefore lacking legal basis. The impugned notice and detention order were quashed, and consequential relief was directed to follow forthwith.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST on staked online gaming and betting upheld, with full stake value treated as taxable consideration.
Case-Laws
GST
GST applies to actionable claims arising from betting and gambling because the taxable event is supply, and actionable claims can validly be treated as goods within the GST framework. Staking money on an uncertain outcome, whether in online gaming, fantasy sports or casinos, gives the transaction the character of betting and gambling; the online medium and elements of skill do not alter that result where stakes are involved. The full stake amount appropriated for participation forms consideration and enters valuation. Rules 31A, 31B and 31C, and the 2023 amendments, were upheld as valid, clarificatory and retrospective machinery provisions. Casino valuation was left to be recomputed under Rule 31C, while the challenge to the GST levy and related notices failed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST registration verification tightened with risk scoring, mandatory physical checks, six-month re-verification, and action against NGTPs.
Circulars
GST – States
GST registration scrutiny is tightened by requiring careful cross-verification of documents, addresses, Aadhaar-linked mobile details, PAN history, and PDS/DBT status before registration is granted. All new registrations must undergo immediate physical verification through the prescribed apps, with selfie-based evidence, original-document matching, prompt action on adverse reports, and retrospective cancellation where a registration is found to be an NGTP. Newly registered firms must also be closely monitored through return scrutiny, bank-account validation, risk scoring, and six-month re-verification. Officers must undergo mandatory training in cyber fraud detection, analytics, and forensic methods, while failure to verify registrations or act on NGTPs may trigger disciplinary action and reporting obligations.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Natural justice in Section 74 adjudication requires personal hearing before adverse order; assessment set aside and remitted.
Case-Laws
GST
Adjudication under Section 74 was vitiated by breach of natural justice because no personal hearing was afforded before an adverse order, even though replies had been filed. Applying the principle that a hearing must precede prejudicial adjudication, the HC set aside the assessment order without examining the merits and permitted the petitioners to file a fresh reply. The matter was remitted to the adjudicating authority to conclude the proceedings afresh after granting personal hearing and then pass a fresh order in accordance with law.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST appeal limitation cannot be extended beyond the statutory condonable period; Section 5 of the Limitation Act is excluded.
Case-Laws
GST
Under the GST appellate scheme, the High Court held that the statute is a self-contained code and the appellate authority can condone delay only up to one additional month beyond the prescribed three-month period. Because the outer limit is fixed by the GST Act, Section 5 of the Limitation Act is impliedly excluded and cannot be used to enlarge time further. An appeal filed beyond that maximum condonable period is outside jurisdiction, so the appellate order was left undisturbed and the writ petition was dismissed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Judicial restraint in advance ruling proceedings leaves the dredging and desilting exemption issue open for statutory appeal.
Case-Laws
GST
AAAR declined to rule on the exemption claim for dredging and desilting services because the same transaction and period were already covered by a notice and adjudication order under section 73. It held that deciding the exemption issue in the advance ruling appeal could prejudice the statutory remedies available against that order, so judicial propriety required restraint. The Authority therefore left all substantive questions open, including the claimed exemption under Entry 3 or 3A, for determination in the appropriate appellate proceedings arising from the adjudication order.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST concessional rate for biodegradable bags depends on scientific proof, which advance ruling forums cannot conclusively determine.
Case-Laws
GST
Advance ruling proceedings under GST are limited to interpretation of the tax law and cannot conclusively determine whether a product is biodegradable or compostable as a scientific or environmental fact. The AAAR noted that the concessional rate for non-paper bags applies only where the bags are in fact biodegradable, but the certificates under the Plastic Waste Management Rules only permitted manufacture and sale subject to compliance, and the test reports relied on were not fully neutral. It therefore held that the legal position is that the concession applies if the goods are biodegradable, while the actual determination must be made by competent environmental authorities or through testing by the jurisdictional GST field formation.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Procedural time limit cannot defeat retrospective input tax credit relief; rectification application restored for fresh merits review.
Case-Laws
GST
A High Court held that the six-month time limit for filing a rectification application under Notification No. 22/2024 is procedural and cannot defeat a substantive input tax credit benefit recognised by the retrospective insertion of Sections 16(5) and 16(6). On that basis, rejection of the application as time-barred was not sustained, and the matter was restored for fresh consideration on merits after notice. The respondent was permitted to verify actual entitlement, including whether input tax credit had in fact been availed and whether other statutory conditions were met.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST registration restoration cannot be withheld merely because a departmental appeal is pending without stay
Case-Laws
GST
An appellate order directing restoration of GST registration must be implemented unless it is stayed, because mere filing of a further departmental appeal does not create an automatic stay in the absence of statutory provision. The Court found the revenue's refusal to comply with the unstayed direction arbitrary and unreasonable, especially where the appellate authority had already set aside the cancellation refusal and positively ordered restoration. The registration was therefore directed to be revived forthwith, subject to the outcome of the pending departmental appeal.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST penalty cannot exceed the statutory maximum under Section 125 when split between CGST and SGST.
Case-Laws
GST
Section 125 of the CGST framework was construed as prescribing a single maximum general penalty of Rs. 25,000, so the penalty could not be split into separate CGST and SGST penalties to exceed that statutory cap. The High Court therefore held that imposing Rs. 25,000 under CGST and a further Rs. 25,000 under SGST under the same provision was unjustified. The penalty order and the appellate order were set aside, and the matter was remanded for fresh consideration in accordance with law, with all available grounds left open to the petitioner.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =