Author: admin_gst

Government Hospital Support Services Deemed Tax-Exempt Under Public Health Constitutional Mandate
Case-Laws
GST
AAR determined that services provided to 54 government hospitals under DM&RHS constitute exempt supplies. The ruling hinged on constitutional provisions under Articles 243G and 243W, which define public health and hospital services as state government responsibilities. The services, including housekeeping, security, and maintenance support, directly relate to hospital facility operations. Consequently, these services fall under Entry No.3 of Notification No. 12/2017-CT (Rate), rendering them tax exempt. The exemption applies specifically to activities intrinsically linked to public health infrastructure maintenance, recognizing the essential nature of supporting government healthcare facilities.
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Government Dues Settlement Clears Property Sale Path, Orders Immediate Payment and Certificate Deletion Within Four Weeks
Case-Laws
GST
HC ruled in favor of petitioner, directing payment of outstanding government dues amounting to Rs. 21,99,700/- within four weeks from order receipt. Upon compliance, the second respondent must delete attachment endorsement from encumbrance certificate, thereby facilitating sale certificate registration for sixth respondent. The court's intervention resolved the recovery notice dispute by providing a clear pathway for resolution through specified monetary settlement, effectively removing administrative impediments to property transaction.
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Municipal Onion Market Leasing Deemed Public Function Exempt from GST Under Constitutional Municipal Powers
Case-Laws
GST
AAR determined that leasing 19 onion mandis to a contractor for daily fee collection constitutes a municipal function under Article 243W of the Constitution. The activity is exempt from GST as it falls within the scope of local authority's public functions. The transaction between the municipality and contractor is considered an inseparable public service activity, not a commercial supply of goods or services. The notification No. 14/2017-CT(Rate) applies, rendering the entire transaction outside the taxable domain. The key consideration was the functional nexus with constitutional municipal responsibilities, rather than the administrative mechanism of service delivery.
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Integrated Terminal Project Deemed Composite Works Contract, Attracts 18% GST Under Section 2(119) of CGST Act
Case-Laws
GST
The AAR determined that the contract for installing terminals linking Western and Southern regions constitutes a composite works contract under Section 2(119) of CGST Act. The services involving transportation, freight, and insurance are inextricably linked to the overall project execution. The entire contract spans five segments but fundamentally aims to commission immovable property. Consequently, the services are classified under 'Construction Services' (SAC 9954) and attract 18% GST, negating any potential exemption claims. The ruling emphasizes the interconnected nature of the contract's components, treating transportation and related services as integral to the comprehensive works contract rather than standalone services.
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GST Registration Cancelled After Comprehensive Review Finds No Procedural Irregularities or Justifiable Grounds for Continuation
Case-Laws
GST
HC dismissed the writ petition challenging GST registration cancellation. The court found no merit in the petitioner's contentions regarding retrospective cancellation. The competent authority followed due process under the West Bengal GST Act, 2017, and exercised jurisdiction appropriately. The petitioner failed to produce satisfactory evidence or explanations to justify GST registration continuation. The court determined no procedural irregularities or violations of natural justice occurred, and the verification report was conducted in compliance with legal requirements. Consequently, the petition was rejected, and the GST registration cancellation was upheld.
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PWD Wins Partial Relief: GST Refund, Service Tax Payment Directed with Penalty Exemption Under Multiple Statutory Provisions
Case-Laws
GST
HC dismissed the writ petition while directing PWD authorities to refund Rs. 65.28 lakhs of GST to appellant's cash/credit ledger and pay Rs. 84,84,035/- towards service tax within a stipulated timeframe. The appellant must remit the service tax amount to authorities within three days of receipt. The court set aside penalties imposed under Sections 78 of Finance Act, Section 174 of CGST Act, and Sections 77(1)(a) and 77(2) of Finance Act, finding no justification for penalty imposition. The order upheld the principle of exhausting statutory appellate remedies and recognized administrative complexities in the transaction, ultimately allowing the appeal with specific monetary and procedural directions.
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Legal Appeal Reinstated: Signature Validation and Natural Justice Principles Protect Procedural Fairness in Landmark Ruling
Case-Laws
GST
HC allowed the petition challenging dismissal of appeal, finding substantial procedural irregularity. The court determined that the authorized signatory's signature was valid, and the original dismissal violated principles of natural justice. The impugned order was set aside, with the appeal restored to the original file for fresh merits-based consideration, ensuring procedural fairness and opportunity to be heard.
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Taxpayers Can Rectify Technical Errors in GST TRAN-1, Ensuring Legitimate Input Tax Credit Entitlements Without Penalty
Case-Laws
GST
HC held that a registered assessee who committed a technical error in filing GST TRAN-1 cannot be denied transitional tax credit. The court emphasized that procedural technicalities should not deprive an eligible taxpayer of legitimate tax benefits. Relying on SC precedents, the court directed the tax authorities to facilitate revision of the GST TRAN-1 form, recognizing the indefeasible nature of input tax credits. The writ appeal was dismissed, upholding the Single Judge's order that allows the taxpayer to rectify the inadvertent error in the transitional credit form.
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Bengal's GST collection in FY 2024-25 higher than national-level: Mamata
GST
Dated:- 6-4-2025
PTI
Kolkata, Apr 6 (PTI) West Bengal Chief Minister Mamata Banerjee on Sunday said the state is steadily progressing in its own resource mobilisation efforts and has achieved 11.43 per cent growth in GST collection in 2024-25 financial year, which is two per cent more than the national level.
Banerjee said West Bengal in the 2024-25 financial year recorded a GST collection of Rs 4,808 crore more than the preceding year.
“Glad to share that West Bengal is steadily progressing in its own resource mobilisation efforts, which is evident from the fiscal results compiled at the end of the FY 2024-25. In GST in 24-25, we have collected Rs 4,

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Taxpayers Can Leverage Section 128A Benefits for Tax Payments Made Before 1st November 2024 with Specific Compliance
Circulars
GST – States
The circular addresses two key issues regarding Section 128A of the CGST Act, 2017. First, taxpayers who made tax payments through GSTR-3B before 1st November 2024 remain eligible for benefits under Section 128A, subject to proper officer verification. Second, for notices/orders spanning periods partially covered and outside Section 128A, taxpayers can file FORM SPL-01 or SPL-02 after paying tax liability for the covered period (FY 2017-18 to 2019-20). The appellate authority will then pass appropriate orders for periods outside the specified timeframe, allowing partial appeal withdrawal while maintaining the intent to avail Section 128A benefits.
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Accused Granted Bail in GST Evasion Case After Careful Review of Investigation Status and Potential Flight Risk
Case-Laws
GST
HC granted regular bail to the accused in GST evasion case, finding no immediate risk of witness tampering or flight. Despite documentary evidence of alleged offenses and ongoing investigation, the court noted the trial has not commenced, co-accused has been released, and maximum punishment is five years. Bail was sanctioned subject to furnishing bail bonds and surety bonds to the trial court's satisfaction, with standard conditional compliance requirements.
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Legal Challenge Upheld: Statutory Non-Compliance Invalidates Order When Demand Exceeds Show-Cause Notice Amount Under Section 75(7)
Case-Laws
GST
HC found a violation of Section 75(7) where the demand amount (Rs. 59,27,500/-) exceeded the show-cause notice amount (Rs. 28,15,200/-). Despite procedural irregularities in hearing scheduling, the court primarily focused on the statutory non-compliance. The impugned order was set aside, and the matter was remanded to the respondent to provide proper opportunity of hearing and issue a fresh order in accordance with legal provisions, thereby allowing the petition and ensuring procedural fairness.
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Pharmaceutical Exporter Wins IGST Refund Claim, Court Orders Immediate Manual Processing Despite Technical Challenges
Case-Laws
GST
HC upheld Petitioner's entitlement to IGST refund for pharmaceutical product exports from July 2017 to April 2018. Despite technical processing challenges acknowledged by Respondents, the court mandated manual refund processing within two weeks, consistent with the earlier Refund Sanctioning Order. The technical impediment was deemed insufficient to obstruct the Petitioner's legitimate refund claim. Petition was consequently disposed of, directing immediate compliance by Respondents.
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Tax Order Quashed: Procedural Defects Invalidate Summary Dismissal of Petitioner's Challenge Under Section 73(9)
Case-Laws
GST
HC allowed the petition challenging a tax order under Section 73(9) of CGST Act, 2017. The court found the original order non-speaking and procedurally defective, as the tax officer summarily dismissed the petitioner's reply without substantive reasoning. The order was set aside, directing the tax authority to reconsider the matter and provide a proper hearing to the petitioner, ensuring principles of natural justice are upheld. The decision emphasizes the requirement for reasoned, transparent administrative actions in tax proceedings.
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Legal Relief Granted: GST Registration Restored After Director's Death and Incorrect Professional Guidance
Case-Laws
GST
HC held that petitioner's GST registration cancellation was amenable to relief based on genuine circumstances of director's demise and consultant's incorrect advice. The court directed petitioner to file all pending GST returns within 4 weeks of registration restoration, accompanied by complete tax dues, applicable interest, and belated filing fees. The judicial intervention effectively provided an opportunity for procedural compliance and rectification of administrative non-compliance, recognizing the extenuating circumstances that led to the initial default.
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Legal Challenge to CGST Act Section 16(2)(c) Succeeds: Procedural Delay Condoned, Appeal Merits to Be Evaluated Fairly
Case-Laws
GST
HC adjudicated constitutional challenge to Section 16(2)(c) of CGST Act, determining procedural validity regarding time limitation. The court directed the Appellate Authority to consider the petitioner's time spent before the court as bona fide and condone delay in appeal filing. The impugned Order-in-Appeal was quashed and set aside, with the matter remanded to the Appellate Authority for merit-based evaluation. The court explicitly instructed that the appeal shall not be rejected solely on grounds of procedural delay, effectively providing equitable relief to the petitioner and ensuring substantive hearing of the underlying dispute.
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HC grants interim stay on Rs 2,500 crore GST demand against Hindustan Coco-Cola Beverages
GST
Dated:- 4-4-2025
PTI
Mumbai, Apr 4 (PTI) The Bombay High Court has granted an interim stay on a GST demand of approximately Rs 2,500 crore against Hindustan Coca-Cola Beverages Private Limited noting the revenue department's interpretation of the provisions appeared “prima facie incorrect”.
The show cause notice was issued in January based on findings that the company undervalued goods over seven assessment years by offering retrospective discounts to distributors.
As per the authorities, the discounts were structured in a way that reduced the taxable value of the supplies.
Distributors first extended discounts to retailers, and Coca

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Advisory on Case Sensitivity in IRN Generation
GST
Dated:- 4-4-2025

Dear Taxpayer,
1. This is to inform you that, effective 1st June 2025, the IRP (Invoice Reporting Portal) would treat invoice/document numbers as case-insensitive for the purpose of IRN generation.
2. To ensure consistency and avoid duplication, invoice numbers reported in any format (e.g., “abc”, “ABC”, or “Abc”) would be automatically converted to uppercase before IRN generation. This change aligns with the trea

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Condonation of Delay in GST Returns Filing Beyond 30-Day Period Under Section 62(2) Granted While Preserving Late Fees
Case-Laws
GST
HC condoned the delay in filing GST returns beyond the 30-day period specified in Section 62(2) of the GST Act, 2017, following the precedent established in Comfort Shoe Components case. While granting relief, the Court preserved the respondent's authority to impose applicable late fees for the delayed period. The petitioner was directed to file a formal application for condonation of delay before the respondent within 15 days from receipt of the order. The petition was accordingly disposed of, balancing taxpayer relief with regulatory compliance by maintaining the statutory consequence of late filing while removing the procedural bar.
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Input Tax Credit Denied for Concrete Tower Construction Supporting Manufacturing Lines Under Section 17(5)(d) of CGST Act
Case-Laws
GST
The AAR ruled that the applicant cannot avail Input Tax Credit (ITC) on inputs and services used for constructing a concrete tower to support VCV lines for manufacturing EHV cables. Applying the Supreme Court's functionality test from Safari Retreats, the AAR determined that while a building may qualify as “plant” under Section 17(5)(d) of CGST Act, ITC is unavailable when construction is for the recipient's own use. The AAR found the applicant failed to prove the construction was not on their own account, breaking the ITC chain. The authority dismissed the applicant's reliance on various judgments as irrelevant, noting they primarily pertained to Income Tax matters rather than GST provisions.
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GST Demand Against Deceased Invalid Without Show Cause Notice to Legal Representative Under Section 93
Case-Laws
GST
The HC ruled that a GST demand against a deceased individual without issuing a show cause notice to their legal representative is invalid. While Section 93 of the GST Act addresses the liability of legal representatives to pay tax, interest, or penalties after a proprietor's death, it does not authorize determinations against deceased persons. The court held that issuing notice to and seeking response from the legal representative is a prerequisite before making any determination. Consequently, the determination made against the deceased without proper notice to the legal representative was unsustainable and the petition was allowed.
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Gujarat Maritime Board Dredging Services Not Eligible for Exemption Under N/N 9/2017-IT (Rate) as Amended
Case-Laws
GST
The applicant sought ruling on eligibility for exemption under serial No. 3A of N/N. 9/2017-IT (Rate) as amended by N/N. 2/2018-IT (Rate) regarding dredging services supplied to Gujarat Maritime Board. The AAR determined that while Gujarat Maritime Board is a body corporate, the term “government entity” has been omitted from the exemption notification. The AAR ruled that the applicant is not eligible for the benefit claimed under the exemption notification. The Authority also noted that in accordance with Section 103 of the CGST Act, 2017, this advance ruling is binding only on the applicant who sought it.
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No GST Payable on Gas Lost During Transit, But Input Tax Credit Must Be Reversed Under Section 16(1)
Case-Laws
GST
The AAR ruled that no GST is payable on goods (gas) lost during transit as no supply occurred, since the loss happened before delivery to the customer and prior to the place and time of supply being established. However, the applicant must reverse Input Tax Credit (ITC) on inputs used in manufacturing the goods subsequently lost in transit. The authority determined that such inputs fail the “proper end use” condition under Section 16(1) of CGST Act, as they were not ultimately used in furtherance of business through a taxable outward supply. The ITC reversal is required under Section 17(5)(h) read with Section 16, as the goods were lost/destroyed during transit.
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Input Tax Credit Available on Employer's Share of Mandatory Canteen Services Under Factories Act
Case-Laws
GST
The AAR ruled that Input Tax Credit (ITC) is available to the applicant for GST charged on food and beverages provided through mandatory canteen facilities under the Factories Act, 1948, read with Gujarat Factories Rules, 1963. This eligibility applies specifically to canteen services for factory employees where such provision is obligatory under law. However, the ITC is limited strictly to the portion of the cost borne by the applicant company, excluding any contribution made by employees. This ruling creates a specific exception to the general restriction on ITC for food and beverages by recognizing the statutory obligation to provide canteen facilities.
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Input Tax Credit Not Available for Share Buyback Expenditure Under GST as Securities Fall Outside Supply Definition
Case-Laws
GST
The AAR ruled that a listed entity is not eligible to avail Input Tax Credit (ITC) on expenditure incurred for buyback of its shares. The authority determined that buyback of shares is neither a supply of goods nor services, as “securities” are explicitly excluded from both definitions under CGST Act. Since section 16(1) permits ITC only on supply of goods or services used in course of business, the primary condition for ITC availment is not satisfied. The applicant's argument that such expenditure furthers business activity becomes irrelevant once the threshold requirement fails. The AAR concluded that the applicant must reverse ITC on common inputs and input services related to share buyback expenditure.
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