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Mentioning SAP Number Instead of Tax Invoice in E-way Bill Deemed Human Error, No Penalty Under Section 129
Case-Laws
GST
HC held that mentioning SAP document number instead of tax invoice number in e-way bill during transport from Mathura to Mirzapur was a genuine human error. Physical verification revealed no discrepancies in quality, quantity, or goods description between tax invoice and actual shipment. Authorities failed to establish any intention of tax evasion, which is essential

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Holographic Excise Stickers Classified as Goods Under GST Section 2(52), Not Services; Refund Approved for RCM Payments
Case-Laws
GST
HC determined that holographic stickers supplied by the Prohibition and Excise Department constitute “goods” under Section 2(52) of GST laws, not services. The supply cannot be classified as a “composite supply” with excise licensing. The petitioner's previous RCM tax payments were made erroneously, as the stickers are not taxable supplies under Section 2

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Absence of E-Tax Invoice Due to GST Portal Glitch Cannot Justify Detention or Penalties When Physical Documents Exist
Case-Laws
GST
HC determined that detention of goods and penalties imposed for missing e-tax invoice were unjustified. While physical tax invoice, e-way bill, and bilty accompanied the goods with accurate descriptions and quantities, the e-tax invoice was absent due to technical issues with GST portal. The authorities failed to establish any intent to evade tax payments.

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Tax Officials Cannot Penalize Missing State E-way Bill During Feb-Mar 2018 Under Section 129(3) UPGST Act
Case-Laws
GST
HC quashed proceedings initiated under Section 129(3) of UPGST Act 2017 regarding goods intercepted without state E-way bill. While tax invoice, Central E-way bill and builty accompanied the goods, state E-way bill was absent. Following precedents in similar cases, HC held that during 01.02.2018 to 31.03.2018, E-way bill requirement under UPGST Act was not enforceable.

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Unsigned GST Assessment Order Invalid: Signature Requirement Mandatory Under CGST Act Sections 160 & 169
Case-Laws
GST
HC set aside GST assessment order due to absence of assessing officer's signature, holding it as a fatal procedural defect. The court determined that signature requirement cannot be dispensed with and such defect cannot be rectified under Sections 160 & 169 of CGST Act, 2017. While invalidating the assessment order in Form GST DRC-07, HC granted liberty to tax autho

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Tax Assessment Order Quashed: Officer Failed to Follow Section 74 Guidelines and Determine Liability Under GST Act
Case-Laws
GST
HC quashed assessment order due to procedural non-compliance under Section 74 of TN GST Act, 2017. AO failed to determine tax liability and disregarded Commissioner's circular guidelines, rendering order arbitrary. Court found fundamental procedural lapses in assessment methodology, violating statutory requirements for tax determination. Matter remanded to ass

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Taxpayers Can Claim GST Input Tax Credit for 2017-21 if GSTR-3B Filed by November 2021 Under Section 16(5)
Case-Laws
GST
HC allowed petition regarding Input Tax Credit (ITC) claims under GST regime. Following precedent in Sri Ganapathi Pandi Industries case, court held that retrospective amendment to Section 16 of CGST Act by insertion of sub-section (5) enables taxpayers to claim ITC for FYs 2017-18 to 2020-21 if GSTR-3B returns were filed by November 30, 2021. Department's order dated

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GST Appeal Delay of 142 Days Condoned After Late Physical Service of Notice Despite Portal Upload
Case-Laws
GST
HC condoned 142-day delay in filing GST appeal where appellant demonstrated reasonable cause due to belated service of demand notice. While notice was uploaded on GST portal, physical copy was only served on 16.04.2024. Court determined delayed physical service constituted sufficient grounds for condonation, setting aside appellate authority's original order rejecting appeal.

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Input Tax Credit Order Under Section 16(4) CGST Act Set Aside Due To Procedural Non-Compliance And Lack Of Fair Hearing
Case-Laws
GST
HC set aside respondent's order concerning input tax credit under Section 16(4) of CGST Act, 2017. The matter was remanded back to respondent No.7 for fresh consideration in accordance with amended Section 16 provisions. The authority must provide petitioner opportunity for hearing and issue new determination within two months from certified order copy pr

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GST Registration Cancelled Under Section 29(2)(e) After Business Failed to Prove Actual Premises Occupancy
Case-Laws
GST
HC upheld cancellation of petitioner's registration under Section 29(2)(e) due to fraudulent misrepresentation of business premises. Despite presenting electricity bills and leave/license agreement, petitioner failed to substantiate actual occupancy through proof of license fee payments or utility charges. Petitioner's inaction in responding to show cause notice, non-

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Officer's CGST Act Arrest Invalidated After Driver Signs Memo Instead of Family Member, Violating D.K. Basu Guidelines
Case-Laws
GST
HC invalidated an arrest under CGST Act 2017 due to procedural violations. While proper documentation including arrest memo, medical records and grounds for arrest were maintained, the arrest memo was improperly attested by a driver rather than a family member or local resident as required by official instructions and D.K. Basu guidelines. The arresting of

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Electronic Service of Notices Under Central Excise Act Valid Through CGST Act Sections 142(8)(a) and 169(1)(c)
Case-Laws
GST
HC held that electronic service of notices under Central Excise Act 1944 is permissible through application of CGST Act provisions. Reading Sections 142(8)(a) and 169(1)(c) of CGST Act together enables electronic service modes for existing laws including 1944 Act, despite Section 37C being silent on email service. Court rejected petitioner's argument against elect

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GST Registration Cancellation Order Quashed: Lack of Mandatory Reasoning Violates Administrative Law and Constitutional Rights
Case-Laws
GST
HC quashed the GST registration cancellation order dated 06.04.2021 issued by Asst Commissioner. The order lacked mandatory reasoning for cancellation, violating fundamental principles of administrative law and Art 14 of Constitution. Though petitioner's appeal was dismissed for limitation under s.107(4) UPGST Act, doctrine of merger was found inap

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Government Entity Must Pay Differential GST Amount After Rate Increase from 12% to 18% Following Apex Structure Precedent
Case-Laws
GST
The HC addressed the dispute regarding differential GST liability payment. Following precedent established in M/s Apex Structure case, the court affirmed that GST rate enhancement from 12% to 18% was lawfully applicable and payable by the government entity (respondent). The ruling upheld the state GST department's position on increased tax rate applicab

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Assessment Order on Security Wages Treatment Set Aside Due to Lack of Specific Notice and Natural Justice Violation
Case-Laws
GST
HC partially set aside assessment order concerning disputed “Security Wages” treatment, finding procedural deficiency as this issue was not specifically mentioned in show cause notice which only referenced “Administration Expenses.” Court determined petitioner was denied natural justice by not receiving opportunity for personal hearing on security wages matte

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Appellate Authority Under GST Can Condone Delay Beyond One Month Under Section 5 Of Limitation Act 1963
Case-Laws
GST
HC held that Appellate Authority under West Bengal GST Act 2017 has power to condone delay beyond one month of prescribed appeal period. While appeal was dismissed for being time-barred, petitioner could invoke Section 5 of Limitation Act 1963 for delay condonation. Following precedent in S.K. Chakraborty matter, Court found Appellate Authority should have considered exp

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Technical Error in Auto-Populated Shipping Address on E-Way Bill Cannot Justify GST Seizure or Penalty
Case-Laws
GST
HC held that a technical error in shipping address on an auto-populated e-way bill cannot justify seizure or penalty under GST law. The e-way bill, valid from 14.12.2022 to 16.12.2022, was not cancelled within its validity period, indicating the transaction's legitimacy. The primary purpose of e-way bills is to track goods movement and ensure proper tax assessment. Since

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Trump threatening existence of GST; will his 'good friend in New Delhi' stand up: Cong
GST
Dated:- 19-2-2025
PTI
New Delhi, Feb 19 (PTI) The Congress on Wednesday claimed that the talk of reciprocal tariffs by US President Donald Trump is calling into question a consumption tax like GST, and wondered whether his “good friend in New Delhi” would stand up to it when national sovereignty is at stake.
Congress general secretary in-charge communications Jairam Ramesh said his party has long been calling for a GST 2.0 that will make GST a truly Good and Simple Tax, as it was intended to be.
It has called for the barest minimum of rates and vastly reformed compliance rules, he said in a post on X.
“Now President Trump is threatening

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Transport Vehicle Rental Services Without Consignment Notes Not Exempt Under Entry 18 Notification 12/2017-CT(Rate)
Case-Laws
GST
AAR ruled that transportation services provided by subcontractor X to principal GTA are not exempt under Entry 18 of Notification 12/2017-CT(Rate). Since X does not issue consignment notes, a key requirement to qualify as GTA, their services constitute vehicle rental rather than goods transportation. The principal GTA maintains the direct transportation contr

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Hand-held Vehicle Battery Replacement Multitools with Voltage Indicators Classified Under Chapter Heading 8204 for GST
Case-Laws
GST
The AAR ruled on classification of hand-held multitools designed for battery replacement in vehicles. The tools primarily consist of integrated spanners with additional components like screwdrivers, hex keys, and battery voltage indicators showing charge levels (25%, 50%, 75%, 100%). While the tools incorporate electrical components (battery indicators) un

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Member Services by Clubs Now Taxable Under GST: Section 7(1)(aa) Makes Club-Member Transactions Supply from July 2017
Case-Laws
GST
Services provided by clubs to members are subject to GST following the retrospective amendment via Finance Act 2021, which inserted Section 7(1)(aa) into CGST Act effective July 1, 2017. This amendment explicitly includes transactions between clubs/associations and their members within the scope of taxable supply, overriding the principle of mutuality estab

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Tailing Dam for Mining Waste Storage Not Eligible for Input Tax Credit Under Section 17(5)(c)(d)
Case-Laws
GST
AAR ruled ITC unavailable for goods and services used in increasing height of Tailing Dam for mining waste disposal. The dam, classified as immovable property and civil structure stretching several kilometers on natural foundation, does not qualify as “plant and machinery” under CGST Act Section 17(5)(c) and (d). The dam, serving merely as storage for mining waste, does not dir

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Tax Assessment Orders Invalidated Due to Authority's Failure to Consider Complete Financial Records and Natural Justice Violations
Case-Laws
GST
HC set aside assessment orders due to procedural deficiencies in tax evaluation. Authority failed to consider complete financial details, particularly regarding tax payments on scrap sales and battery sales, violating natural justice principles. Petitioner presented detailed break-up of tax payments for the first time before HC, which was not p

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GST Registration Cancellation Cannot Be Retrospective Without Prior Notice and Proper Reasoning in Show Cause Notice
Case-Laws
GST
HC invalidated retrospective GST registration cancellation due to procedural deficiencies in the show cause notice (SCN). The notice failed to indicate any intention of retrospective cancellation or provide supporting reasons, violating principles of natural justice. The Court determined that the absence of prior notice regarding retrospective action and lac

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GST Appeal Filed After 7 Months Dismissed: Section 107(4) Limits Delay Condonation to 30 Days Only
Case-Laws
GST
HC affirmed dismissal of GST appeal filed after 7-month delay. Section 107(4) of GST Act explicitly limits appellate authority's power to condone delay to 30 days only. The Act being a complete code, provisions of Limitation Act Section 5 are inapplicable. Petitioner failed to demonstrate any legal basis for condonation beyond the statutory 30-day period. Since appeal exceede

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