Author: admin_gst

Court Quashes Bank Account Attachment; Petitioner Gets 30 Days to Respond to SCN u/s 73(8.
Case-Laws
GST
Writ petition challenging show cause notice (SCN) and adjudication order attaching petitioner's bank account. SCN not uploaded in “view notices and orders” section of portal, violating principles of natural justice. Court held petitioner entitled to 30 days to respond to SCN u/s 73(8) of Act. Though SCN uploaded in “view additional notices and orders” section, confusion in identifyin

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GST registration can't be cancelled for non-response to show cause notice. Allow response on principal place allegation & details of operations.
Case-Laws
GST
The High Court held that the petitioner's GST Registration should not be cancelled solely on the ground of non-response to the show cause notice. The petitioner must be allowed to file a response regarding the allegation of non-existence at its principal place of business. The petitioner can provide details on when it ceased opera

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SCN issued sans reasons for registration cancellation. Authorities lauded for natural justice compliance. Directed to follow HC's 2022 directives.
Case-Laws
GST
SCN issued for cancellation of registration without detailed reasons. Held: Respondent authorities' approach commendable for complying with natural justice by giving opportunity before cancellation to avoid unnecessary litigation. Authorities directed to adhere to HC's 2022 directives, not issue show-cause notices without detail

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Tax credit on rent disallowed – sub judice. Reverse charge on freight inadmissible under Sec 98(2). Input/output set-off query outside Sec 97(2).
Case-Laws
GST
Input tax credit eligibility on renting commercial property deemed inadmissible as the matter is sub judice before the Supreme Court. Applicability of reverse charge mechanism on inward freight held inadmissible due to the issue already decided in prior proceedings, invoking Section 98(2) proviso of CGST Act. Query regarding sett

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Supply of security services to BBMP not exempt from GST as not related to functions under Articles 243G/243W. Outsourced security services attract GST.
Case-Laws
GST
Supply of Security services to Bruhat Bengaluru Mahanagara Palike (BBMP) are not exempt from GST as they do not qualify as activities related to functions entrusted to a Panchayat under Article 243G or Municipality under Article 243W of the Constitution. The Advance Ruling Authority held that obtaining security services on

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Pure services to State Govt related to Panchayat functions under Article 243G are GST exempt as per Entry 3 of Notification 12/2017-CTR.
Case-Laws
GST
The applicant provides pure services to the State Government by way of activities related to functions entrusted to a Panchayat under Article 243G of the Constitution. These pure services provided to the State Government are exempted from GST as per Entry No. 3 of Notification No. 12/2017-Central Tax (Rate), dated 28th June 2017. The rent

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Employers can recover bonuses/allowances from employees who exit early, as per contract. It's not a taxable service under GST.
Case-Laws
GST
Recovery of joining bonus, retention bonus, work from home one-time setup allowance, and tuition assistance program expenses by an employer from employees who voluntarily exit before serving the pre-agreed period is not taxable under GST. These are considered perquisites provided by the employer as per contractual agreement and their recovery is ak

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Professional tax filing services for BWSSB don't qualify for exemption as it's not a local authority & services aren't for panchayat/municipality functions.
Case-Laws
GST
Professional services for assistance in filing corporate tax returns provided to BWSSB do not qualify as exempt supply under SI No. 3 (chapter 99) of Notification 12/2017-Central Tax (Rate) dated 28 June 2017. BWSSB is not a Local Authority as its members are appointed by State Government, not elected through direct el

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Company Penalized for Profiteering by Overpricing Movie Tickets Despite GST Cut, Violating Section 171 of CGST Act.
Case-Laws
GST
Profiteering established by increasing base prices of movie tickets despite GST rate reduction from 28% to 18% for admission tickets above Rs. 100, contravening Section 171 of CGST Act. Respondent failed to pass on benefit of Rs. 88,67,790/- to customers from 01.01.2019 to 30.04.2020. Directed to reduce ticket prices commensurately and deposit profiteered amo

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Attention: Increase in size of documents upload in Principal Place of Business and Additional Place of Business for New Registration and Amendment
GST
Dated:- 9-7-2024

Dear Taxpayer,
GSTN is pleased to inform that changes have been made in size of document upload in Principal Place of Business and Additional Place of Business for New Registration and Amendment catering to the grievances received in the matter from trade.
Taxpayer can now upload following documents up to maximum s

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Genuine issues in manual refund application merit liberal approach. Avoid undue technicalities & litigation. Foster assessee-friendly system.
Case-Laws
GST
Regarding processing of manual refund application, it is held that when genuine issues arise, the Department should adopt a liberal approach, particularly considering that no party would intentionally delay or fail to file refund application in the portal when substantial refund amount is due. The Department should avoid unwarranted

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Notices ignored, order quashed. Case remitted for fresh decision on recovered amounts. Order treated as addendum to show cause.
Case-Laws
GST
Principles of natural justice violated as petitioner unaware of notices preceding impugned order. Court granted partial relief, quashed impugned order, and remitted case to respondent for fresh orders considering amounts recovered pursuant to attachment. Impugned order treated as addendum to show cause notices. Petition allowed.
TMI Updates –

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Fusible interlining fabric of cotton not classifiable under Heading 5903; visible plastic coating pattern disqualifies it.
Case-Laws
GST
The fusible interlining fabric of cotton is not correctly classifiable under Heading 5903 of Chapter 59 of the Customs Tariff Act, 1975. The Heading 5903 applies only to fabrics where impregnation, coating, or covering cannot be seen with the naked eye. The fabric manufactured by the petitioner is partially coated, and the plastic coated pattern is vis

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High Court: Petitioners entitled to refund of unutilized ITC on zero-rated supplies despite delayed approval of CENVAT credit carry forward.
Case-Laws
GST
The High Court held that the petitioners were entitled to refund of unutilized input tax credit (ITC) on zero-rated supplies. The only ground for denying refund by the appellate authority was that no balance was available in the electronic credit ledger when the petitioners became entitled to the refund, as the carried forward CENVAT

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Transitional credit denial notice lacked details. Reply disregarded for manual submission. Order treated as show cause. Dept to issue reasons, allow rebuttal.
Case-Laws
GST
Show cause notice lacked necessary details for denying transitional credit of Rs.14,05,211/-. Petitioner's reply not considered as it was submitted manually, not uploaded on portal, violating principles of natural justice. Impugned order treated as show cause notice. Respondent directed to issue supplementary reasons

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Spectrum allocation with deferred instalments is a continuous service supply. GST due when instalments paid/due, whichever is earlier.
Circulars
GST – States
In cases of spectrum allocation where the telecom operator opts for deferred payment instalments as per the Frequency Assignment Letter (FAL) issued by Department of Telecommunications (DoT), it constitutes a continuous supply of services. The time of supply and GST payment liability arises when the instalment payments are due or m

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High Court Overturns GST Ruling, Remands Case for Reassessment After Misclassification by Advance Ruling Authority.
Case-Laws
GST
The HC held that considering the declaration issued by Indian Oil Corporation Limited stating they had discharged GST liability under RCM on services availed from the appellant, the appellant would be entitled to take advantage of the same. The matter was remanded back to the original authority for re-adjudication considering this subsequent development. The

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Order: File statutory appeal within 30 days, pre-deposit amount. Appellate Authority to dispose within 5 months, consider on merits.
Case-Laws
GST
Petitioner directed to file statutory appeal u/s 107 of TNGST Act, 2017 before Appellate Deputy Commissioner (Appeals), Tirunelveli within 30 days from receipt of order regarding wrong credit entry rectified in GSTR 3B for May 2019. Appellate Authority to consider appeal on merits without limitation and dispose within 5 months after pre-depos

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Petitioner's fake invoices & tax credits led to provisional attachment of movable assets to secure Rs. 76cr+ revenue interest. Court dismissed petition.
Case-Laws
GST
Petitioner availed fake input tax credit through bogus billing, generating fake sale invoices. Provisional attachment of movable properties in addition to immovable properties already attached was ordered u/s 83 to protect government revenue interest. Authority formed opinion based on material that petitioner's immovable p

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High Court Rules Detention for Minor E-Way Bill Error Unjust; Quashes Rs. 18.75 Lakh Penalty Due to Jurisdiction Overreach.
Case-Laws
GST
Minor error in e-way bill relating to vehicle number, goods detained citing invalid e-way bill. HC held detention unjustified as circular permits imposing penalty of Rs. 500/1,000 for minor errors like vehicle number mismatch. Tax and equal penalty demand of Rs. 18.75 lakhs quashed, being without jurisdiction. Appeal allowed.
TMI Updates – Highlig

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Un-denatured Extra Neutral Alcohol faced GST levy. Show-cause notice issued, but petitioner approached court without explanation.
Case-Laws
GST
Un-denatured Extra Neutral Alcohol was subjected to GST levy. Respondent issued show-cause notice to petitioner, allowing opportunity for written explanation and personal hearing. Petitioner approached court seeking quashing of notice without submitting explanation. Supreme Court disapproved approaching courts against show-cause notices without

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GST Ruling Application on Electricity Charges Dismissed u/s 98(2) of CGST/TNGST Act, 2017; Interpretation Argument Rejected.
Case-Laws
GST
Advance ruling application regarding maintainability, levy of GST on network/wheeling charges, cross-subsidy surcharge, additional surcharge, and fees and charges related to electricity distribution services was not admitted u/s 98(2) of CGST/TNGST Act, 2017 insofar as it relates to taxability of services. Applicant's argument regarding interpretatio

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Reverse osmosis reduces dissolved solids from 7932 to 148 mg/l for dyeing industry. Retains salts for zero liquid discharge. Taxable under CTH 2201.
Case-Laws
GST
Effluent water undergoes reverse osmosis treatment, reducing total dissolved solids from 7932 mg/l to 148 mg/l, making it suitable for dyeing industry usage. Treated water, though demineralized, retains meagre salts intentionally to meet dyeing requirements and zero liquid discharge compliance. It does not qualify for exemptio

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In case of upward price revision, supplementary invoice/debit note must be issued within 30 days. Increased rent is treated as supply under GST.
Case-Laws
GST
In case of upward price revision, a registered person will issue a supplementary invoice or debit notes within 30 days, and such revision shall be treated as supply under the GST Act, with tax payable. The applicant had entered into a contract for renting immovable property services and intends to revise the price upwards, issuing

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Advance Ruling: GST on “Deposit Contribution Works” limited to “Establishment & Supervision Charges” for self-execution schemes. No tax on third-party works.
Case-Laws
GST
Advance Ruling Authority held that the value of “Deposit Contribution Works” for discharging Goods & Services Tax should be restricted to “Establishment and Supervision Charges” and other applicable charges received by the applicant in self-execution schemes. The applicant is neither supplier nor recipient of services

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