Author: admin_gst

Delhi Tax Commissioner adopts CBIC clarifications on Railway services, RERA collections, insurance reinsurance exemptions
Circulars
GST – States
The Delhi State Tax Commissioner issued Circular No. 22/2024 adopting CBIC Circular No. 228/22/2024 regarding GST applicability clarifications. The circular addresses eight key areas: exempting specific Railway services to general public and inter-zone transactions with retrospective regularization from October 2023; exempting SPV-Railway infrastructure transactions with regularization from July 2017; clarifying RERA statutory collections are exempt under existing notifications; confirming digital payment incentives shared per NPCI guidelines remain non-taxable subsidies; regularizing reinsurance GST liability for exempt insurance schemes from July 2017 to January 2018; regularizing government-premium insurance reinsurance from July 2017 to July 2018; clarifying reinsurance includes retrocession services; and exempting accommodation services under 20,000 monthly for minimum 90-day periods with retrospective regularization from July 2017. All regularizations apply on “as is where is” basis.
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Registered persons can claim input tax credit on Ex-Works contracts upon delivery at supplier's factory gate under Section 16
Circulars
GST – States
The CBIC clarified that under Ex-Works contracts, registered persons can claim input tax credit upon delivery of goods at the supplier's factory gate, without requiring physical receipt at their business premises. Section 16(2)(b) of CGST Act mandates “receipt” of goods for ITC eligibility, but does not specify location. The Explanation deems goods “received” when delivered to transporters on the registered person's direction. In automobile sector EXW contracts, where property transfers at OEM factory gates upon handover to transporters, dealers can claim ITC immediately rather than awaiting physical delivery. This principle applies to all EXW contracts where goods are delivered at supplier's premises and property transfers upon handover, subject to other Section 16 and 17 conditions.
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Delhi adopts CBIC circular requiring suppliers to record recipient state on invoices for online services to unregistered customers
Circulars
GST – States
The Delhi Department of Trade & Taxes adopted CBIC Circular No. 242/36/2024 clarifying place of supply rules for online services to unregistered recipients under GST. The circular mandates that suppliers providing online services, OIDAR services, or services through e-commerce operators to unregistered recipients must record the recipient's state name on tax invoices regardless of supply value. This recorded state name constitutes the address on record, making the recipient's location the place of supply under Section 12(2)(b)(i) of IGST Act. The clarification extends beyond OIDAR services to cover all online/digital services including OTT subscriptions, e-newspapers, and mobile app services. Non-compliance with mandatory invoice particulars may attract penalties under Section 122(3)(e) of CGST Act. Suppliers must establish mechanisms to collect recipient state details before service provision.
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Delhi: 2 including lawyer held for running fake GST firm racket
GST
Dated:- 21-6-2025
PTI
New Delhi, Jun 21 (PTI) Two men, including a lawyer, were arrested for allegedly operating a racket involving fake Goods and Services Tax (GST) firms and issuing bogus bills to facilitate fraudulent tax settlements in south west Delhi, an official said on Saturday.
The accused were identified as Sandeep (27), from Panipat in Haryana, and Inderpal (45), a lawyer residing in Burari, Delhi.
The duo used genuine identification documents such as PAN cards, Aadhaar cards, SIM cards, rent agreements, and email IDs to register fake GST firms, which were then used to generate fraudulent invoices, Deputy Commissioner of Police (Southwest) Amit Goel

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added.
Sandeep, who was arrested in Panipat, revealed that he had been working with Inderpal for seven years. Together, they procured bogus GST firms from associates in Delhi and manipulated login credentials to gain control over the accounts.
“They would then update the contact details- email and mobile numbers, and use Tally software to create and upload fake invoices on the GST portal. Following Sandeep's arrest, the police traced Inderpal to Kairana in Uttar Pradesh, where he had gone into hiding,” the DCP said in a statement.
After his arrest, Inderpal disclosed that he used to buy GST firms, along with SIM cards and login credentials, for Rs 25,000 to Rs 30,000 each.
After taking over the accounts, the duo would alter the credent

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HC sets aside tax assessment order for 2018-19 due to natural justice violation, remands for fresh hearing
Case-Laws
GST
The HC set aside the impugned order dated 29.04.2024 passed by Respondent No. 3 concerning assessment period 2018-2019 without examining the merits. The court found violation of principles of natural justice as proper opportunity of hearing was not provided to the petitioner, and questions arose regarding service of show cause notice and time-bar issues. The matter was remitted to Respondent No. 3 with directions to grant personal hearing to the petitioner through authorized representative before passing fresh orders. The application was disposed of accordingly.
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CGST/WBGST Act 2017 allows simultaneous proceedings but taxpayers shouldn't face multiple enquiries for identical periods without logical conclusion
Case-Laws
GST
HC held that while CGST/WBGST Act 2017 does not expressly prohibit simultaneous proceedings under Chapter XIII and XIV, registered taxable persons should not ordinarily be subjected to multiple enquiries by different authorities for identical periods without logical conclusion of initiated proceedings. Where State authorities had already commenced search and seizure proceedings under Section 67 and conducted audit with show cause notice under Section 65, Central Authority (DGGI) should be restricted from proceeding simultaneously for same periods. Court directed DGGI enquiry be limited to periods not already under State investigation, considering Section 65(7) provisions and preventing duplicative enforcement actions against taxpayer for same tax periods.
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GST registration cancellation show cause notice upheld but personal hearing ordered for suspended firm
Case-Laws
GST
The HC declined to quash a show cause notice (SCN) issued for GST registration cancellation against a firm found non-functional during investigation. The Court determined that petitioner could seek re-inspection from the Adjudicating Authority rather than judicial intervention at this preliminary stage. However, recognizing the firm's operational standstill due to registration suspension, the HC directed the respondent department to grant petitioner a personal hearing and issue appropriate notice. The Court emphasized proceedings must conclude in a time-bound manner given the business disruption caused by the suspended registration. The petition was disposed of with these procedural directions rather than substantive relief on the merits of the cancellation proceedings.
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Appellate authority violated natural justice by not serving notice to petitioner and passing non-speaking order under Section 107
Case-Laws
GST
The HC allowed the writ petition challenging an appellate order, finding violation of natural justice principles as the petitioner lacked adequate notice and was not served with the appeal petition and grounds. The appellate authority passed a non-speaking order without conducting necessary enquiry as mandated under Section 107(11) and (12) of the Act. While the appellate authority correctly identified the adjudicating authority's failure to examine Input Tax Credit legality and pass a speaking order, it failed to make further enquiry for a firm decision. The HC set aside both the impugned appellate order and the underlying adjudicating authority's order dated 30th October 2023, remanding the matter for fresh adjudication on merits. The petition was disposed of.
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Petitioner granted time to reply to GST registration cancellation notice under Rule 21(b) for invoice irregularities
Case-Laws
GST
HC allowed petitioner to file reply to six-month-old show cause notice challenging GST registration cancellation under Rule 21(b) for issuing invoices without actual supply of goods or services. Court directed petitioner to disclose any pending CGST proceedings including input tax credit matters in reply by 1st July 2025. DGST must decide within one month of reply submission and may verify pending CGST proceedings against petitioner. Petition disposed of with directions for administrative resolution rather than judicial determination of substantive GST violation allegations.
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Delhi adopts CBIC circular clarifying GST treatment of vouchers under Schedule III exclusions
Circulars
GST – States
The Delhi Department of Trade & Taxes adopted CBIC Circular No. 243/37/2024-GST clarifying GST treatment of vouchers under DGST Act, 2017. The CBIC determined that voucher transactions constitute neither supply of goods nor services, as vouchers qualify as either “money” under RBI-recognized pre-paid instruments or “actionable claims” under Schedule III exclusions. Principal-to-principal voucher trading by distributors remains non-taxable, while commission-based distribution services attract GST on fees received. Additional services like marketing and technology support provided to voucher issuers are taxable at applicable rates. Unredeemed vouchers (breakage) are not subject to GST as no underlying supply occurs and no consideration exists without express agreement for non-redemption charges.
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Delhi GST mandates virtual hearings via WEBEX or Google Meet with advance notice and recorded proceedings
Circulars
GST – States
The Delhi Trade & Taxes Department issued mandatory guidelines for conducting personal hearings through virtual mode under the Delhi GST Act, 2017. All proper officers and appellate authorities must conduct hearings via applications like WEBEX or Google Meet, with advance notice to taxpayers including virtual links. Taxpayers must submit authorization documents and photo identification prior to hearings. Virtual proceedings shall be recorded as “Record of Personal Hearing” and shared electronically with participants. Physical document submission remains permissible when required. Virtual hearings are deemed valid under CGST/DGST Acts and Information Technology Act, 2000. Exceptions to virtual mode require approval from zonal in-charge with recorded justification for rare circumstances preventing virtual participation.
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Handling of Inadvertently Rejected records on IMS
GST
Dated:- 20-6-2025

Question 1: How can a recipient avail ITC of wrongly rejected Invoices/ Debit notes/ECO-Documents in IMS as corresponding GSTR-3B of same tax period was also filed by recipient?
Answer: In such cases recipient can request to the corresponding supplier to report the same record (without any change) in same return period's GSTR-1A or respective amendment table of subsequent GSTR-1/IFF. Thus, recipient can avail the ITC basis on amended record by accepting such record on IMS and recomputing GSTR-2B on IMS. Here the recipient will get ITC of complete amended value as original record was rejected by the recipient.
However, recipient will be able to take

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he amendment table of GSTR-1/IFF. in any subsequent period, till the specified time limit, then the liability of supplier will not increase. As amendment table take delta value only. Thus, in present case of same values, differential liability increase will be zero.
Question 3: As a recipient taxpayer, how to reverse ITC of wrongly rejected Credit note in IMS as the corresponding GSTR-3B has already been filed?
Answer: In such cases recipient can request the concerned supplier to furnish the same Credit note (CN) without any change in the same return period's GSTR-1A or in amendment table of subsequent period's GSTR-1/IFF. Now recipient can reverse the availed ITC based on the amended CN by accepting the CN on IMS. Hence, the recipie

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Writ petition challenging CGST Act Section 122(1A) show cause notice dismissed as premature before final adjudication
Case-Laws
GST
HC dismissed the writ petition challenging the validity of show cause notice issued under CGST Act Section 122(1A). The court held that mere issuance of SCN does not infringe any rights and writ petition is premature without final adjudication order. Following established SC precedent, HC refused to interfere at preliminary stage, emphasizing that petitioner retains liberty to contest validity of proceedings before adjudicating authority. Court noted petitioner may file appropriate application for cross-examination of witnesses before competent authority in accordance with law. The petition was disposed of with directions that all grounds including natural justice violations may be raised during adjudication proceedings.
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Bail denied for accused in Rs. 704 crore fake input tax credit fraud involving 353 shell companies
Case-Laws
GST
HC dismissed regular bail application for accused involved in creating 353 fake firms to pass fraudulent input tax credit worth Rs. 704 crores. Court held economic offences of such magnitude constitute serious threat to economy and cannot be treated leniently despite being non-violent. Accused's conduct during proceedings, including suppression of criminal antecedents and attempt to abscond from custody, demonstrated propensity to flee and influence witnesses. Court emphasized white-collar crimes involving deliberate calculation and breach of trust are more dangerous than ordinary crimes. Given extraordinary magnitude of alleged tax evasion, accused's criminal antecedents, and flight risk demonstrated through escape attempt, bail was denied to protect public interest and ensure effective prosecution of complex economic conspiracy.
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GST officer must ensure proper notice service under Section 169(1) before ex-parte assessment proceedings
Case-Laws
GST
HC set aside ex-parte assessment order for violating principles of natural justice due to improper service of show cause notice. Petitioner was unaware of notice uploaded only on GST Portal without physical service or alternative delivery methods under Section 169(1) of GST Act. Court held that merely fulfilling empty formalities through ex-parte proceedings without affording personal hearing opportunity defeats statutory purpose and creates multiplicity of litigation. Officer failed to explore prescribed alternative service modes including RPAD when initial notice method proved ineffective. Matter remanded to first respondent for fresh consideration with proper notice service, ensuring petitioner receives adequate hearing opportunity before assessment determination.
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GST assessment order set aside for improper notice service under Section 169(1) principles
Case-Laws
GST
HC set aside GST assessment order dated 27.08.2024 and Form GST DRC-07 for violating principles of natural justice. Petitioner challenged order claiming non-receipt of show cause notice uploaded only on GST Portal without personal service. Court held that mere portal upload constituted insufficient service, requiring exploration of alternative modes under Section 169(1) including RPAD when taxpayer fails to respond. Ex parte proceedings based solely on empty formalities create multiplicity of litigation and waste judicial resources. Since respondent had already recovered disputed tax from petitioner's bank account, no deposit conditions were imposed. Matter remanded to respondent for fresh consideration with proper service of notice. Petition allowed by way of remand.
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Advisory to file pending returns before expiry of three years
GST
Dated:- 19-6-2025

As per the Finance Act, 2023 (8 of 2023), dt. 31-03-2023, implemented w.e.f 01-10-2023 vide Notification No. 28/2023 – Central Tax dated 31th July, 2023, the taxpayers shall not be allowed file their GST returns after the expiry of a period of three years from the due date of furnishing the said return under Section 37 ( Outward Supply), Section 39 (payment of liability), Section 44 ( Annual Return) and Section 52 (Tax Collected at Source). These Sections cover GSTR-1, GSR-1A, GSTR 3B, GSTR-4, GSTR-5, GSTR-5A, GSTR-6, GSTR 7, GSTR 8 and GSTR 9 or 9C.
Hence, above mentioned returns will be barred for filing after expiry of three years. The said

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Assignment of government-allotted leasehold rights in immovable property exempt from GST liability
Case-Laws
GST
The HC ruled that assignment of leasehold rights in immovable property allotted by a government industrial development corporation does not constitute taxable supply under GST. Following precedent established in Gujarat Chamber of Commerce and subsequent decisions including Alfa Tools Pvt. Ltd., BVM Pharma, and Time Technoplast Limited, the court held that such assignments are exempt from GST liability. Additionally, transfer from partnership to sole proprietorship was deemed internal reorganization exempt from GST. The court quashed impugned orders demanding GST, interest, and penalty, allowing the petition and setting aside the contested orders.
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Assessment order quashed for denying personal hearing despite show cause notice on GST Portal requiring alternative service under Section 169
Case-Laws
GST
HC set aside assessment order dated 08.08.2024 for violating principles of natural justice where petitioner received no personal hearing opportunity. Despite show cause notice being uploaded on GST Portal, petitioner claimed unawareness and non-receipt of original notice. Court held that while portal service is valid, revenue officers must explore alternative service modes under Section 169 GST Act when taxpayers remain unresponsive, preferably through RPAD, to ensure effective service rather than mere procedural compliance. Matter remanded to respondent for fresh consideration conditional upon petitioner depositing 25% of disputed tax amount within four weeks. Petition allowed by way of remand.
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AAAR order on GST computation for refurbished car sales partly upheld with certain observations expunged
Case-Laws
GST
HC partly allowed the writ petition challenging the AAAR order regarding GST computation on refurbished car sales. The dispute concerned whether amounts paid to car owners and refurbishment costs should be included in purchase price for margin calculation under N/N. 08/2018-CT (Rate). Petitioner argued the appellate authority failed to address ITC issues not considered by AAR in the original valuation appeal. HC upheld the AAAR order but expunged certain observations, noting respondent could not dispute that ITC matters were not before the AAR. The challenge to AAR's order was not pressed by petitioner.
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Bank accounts automatically de-frozen after GST appeal filed under Section 107 stays enforcement order
Case-Laws
GST
The HC disposed of a petition challenging the freezing of petitioner's bank accounts. The petitioner's grievance concerned the freezing of two additional accounts opened under the same PAN number following communication dated 16 June 2024. The court held that since an appeal under Section 107 of the Central Goods and Services Tax Act 2017 had been filed against the impugned Order-in-Original, the final order dated 28 January 2025 was automatically stayed. Consequently, the HC directed Kotak Mahindra Bank to immediately de-freeze all three accounts and ordered the Department to communicate with the bank to lift the debit freeze. The petition was disposed of with relief granted to the petitioner.
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Recovery from Electronic Credit Ledger without following Section 78 three-month waiting period ruled illegal and arbitrary
Case-Laws
GST
HC held that respondents' recovery of amount from petitioner's Electronic Credit Ledger/Electronic Cash Ledger under Section 79 of GST Act, 2017 was illegal and arbitrary. Court found that pursuant to Section 78, recovery proceedings cannot be initiated within three months of demand becoming payable unless reasons are recorded. Additionally, under Section 112(9), deposit of 10% of demand stays remaining amount, with three-month limitation for appeal filing. CBIC circular dated 11.07.2024 permits pre-deposit even when appellate tribunals are not constituted. Since respondents recovered amount on 29.01.2025 without complying with statutory requirements, HC quashed and set aside the recovery action. Petition allowed.
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Cash Credit Account Not Attachable Under Section 83 MGST Act, Represents Bank Liability Not Taxpayer's Property
Case-Laws
GST
HC held that a cash credit account cannot be provisionally attached under Section 83 of MGST Act, as it represents a bank liability rather than a property belonging to the account holder. The court determined that the statutory language of “any property including bank account” does not encompass cash credit accounts. Relying on precedential decisions from Gujarat and Calcutta HCs, the court ruled the provisional attachment order as unauthorized, arbitrary, and illegal. The petition was consequently allowed, quashing the impugned order and preventing the attachment of the cash credit account.
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Landmark GST Notice Invalidated: Section 74 Enforcement Lacks Jurisdictional Basis and Legal Substantiation
Case-Laws
GST
HC held that the SCN u/s 74 of GST Act, 2017 was issued without jurisdiction. The court found no ingredients present for invoking Section 74, specifically noting absence of allegations of fraud, wilful misstatement, or material suppression. Relying on precedent in a similar case involving the same tax officer, the court determined that the notice lacked requisite legal foundations. Consequently, the HC quashed and set aside the impugned notice, thereby allowing the petition and rendering the SCN legally ineffective.
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Independent Design Services Qualify as Zero-Rated Export, Entitling Firm to Full Input Tax Credit Refund with Statutory Interest
Case-Laws
GST
HC ruled that the petitioner, providing design and engineering services to foreign recipients on a principal-to-principal basis, does not constitute an agency relationship. The court determined that the petitioner is an independent entity supplying services directly to its foreign counterparts, thereby qualifying as zero-rated supplies under Section 2(6) of IGST Act. Consequently, the petitioner is entitled to refund of unutilized Input Tax Credit relating to export services, including statutory interest under Section 56 of CGST Act. The petition was allowed, mandating the tax authorities to process the refund claim.
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