Author: admin_gst

Retrospective GST registration cancellation unsustainable; cancellation effective from SCN date (2 February 2022), relief prospective
Case-Laws
GST
The HC allowed the writ in part, holding that retrospective cancellation of the GST registration was unsustainable where the SCN did not propose retrospective cancellation; accordingly the cancellation shall take effect from the date of issuance of the SCN (2 February 2022). The Court observed that, despite delay, it would entertain the petition due to intervening circumstances including the death of a partner and dissolution of the firm. The HC concluded that principles of natural justice were not breached in a manner warranting retrospective relief and disposed of the petition, directing that the impugned order operate prospectively from the SCN date.
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Natural justice breach for not considering DRC 01A reply; assessment quashed subject to 25% deposit from ECL
Case-Laws
GST
The HC found violation of the principles of natural justice for non-consideration of the reply to notice DRC 01A and quashed the impugned assessment order insofar as it reflected the retrospective rate change from 12% to 18% under the notification. The writ petition was disposed of by setting aside the assessment on terms: the petitioner must deposit 25% of the disputed tax from the Electronic Credit Ledger within 30 days of receipt of the order. Subject to this deposit and compliance with the terms, the impugned order stands quashed; no different remedial course was warranted on the facts and circumstances before the HC.
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Notification No.04/2018 fixes JDA supply time as date of conveyance or allotment; Rs 7 crore refundable with 6% interest
Case-Laws
GST
The HC held that, pursuant to Notification No.04/2018 fixing time of supply under a JDA as the date of conveyance or allotment, no GST liability arose on the petitioner at the date of the JDA; subsequent evidence, including the sale deed showing the developer's acquisition of title and favourable findings by the DGGI, confirm the petitioner is not taxable in respect of the Project. Consequently the Rs. 7 crore deposited by the petitioner is refundable, with interest at 6% per annum from the date of deposit. The refund is to be remitted within six weeks. The Revenue's contrary affidavits were rejected insofar as they sought to fix tax liability on the petitioner.
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Writ petition dismissed as premature for failing to reply to Form GST DRC-01A under s.74(5); liberty to reply
Case-Laws
GST
The HC dismissed the writ petition challenging issuance of Form GST DRC-01 dated 30.05.2025, holding that the petitioner's challenge was premature as no reply had been filed to the earlier Form GST DRC-01A dated 11.04.2025 issued under s.74(5) of the TNGST Act, 2017. The court found the petitioner's demand objection unsustainable in absence of a reply and declined substantive interference. Liberty was granted to the petitioner to file a reply/objection to the DRC-01 within two weeks of receipt of the order; on receipt, the respondent must consider it, issue a clear 14-day notice fixing a personal hearing, and thereafter pass orders on merits expeditiously and in accordance with law.
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Writ petition dismissed as not maintainable; statutory remedy under s.107 allows appeal against assessment and rectification with penalty
Case-Laws
GST
The HC dismissed the appeal, holding the writ petition challenging the assessment order and subsequent suo motu rectification (with imposition of penalty) to be not maintainable because an efficacious statutory remedy exists under s.107 of the GST Act. Although the writ court noted defects in rectification proceedings concerning natural justice, the HC found that all legal and factual grievances arising from the assessment and rectification can be effectively ventilated before the appellate authority under s.107. The appellant was granted liberty to pursue the statutory appeal; consequently the writ relief was refused and the Single Judge's dismissal affirmed, with no interference in the impugned orders.
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FinMin asks CGST field offices to submit comparative MRP change data post Sep 22
GST
Dated:- 10-9-2025
PTI
New Delhi, Sep 10 (PTI) The finance ministry has asked Central GST field officers to submit monthly report of price change in 54 commonly use items, like butter, thermometer and toys, after the new lower GST rates are implemented from September 22.
In a letter to Principal Chief Commissioners of CGST zones, the ministry said the first report on the comparative details of Maxim

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Kerala lottery agents voice concern over GST hike
GST
Dated:- 10-9-2025
PTI
Thiruvananthapuram, Sep 9 (PTI) Kerala Finance Minister K N Balagopal on Wednesday met trade union leaders representing lottery agents and ticket sellers to discuss the impact of higher goods and services tax (GST) rates on the state-run paper lottery.
The discussions came after the federal government placed paper lotteries under the same 40 per cent GST slab as gambling and casinos.
Until now, the Kerala l

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Advisory to file pending returns before expiry of three years
GST
Dated:- 10-9-2025

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 r

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Tariff hit on GDP growth at 0.2-0.3 pc in FY26; GST reforms to negate impact: CEA
GST
Dated:- 10-9-2025
PTI
New Delhi, Sep 10 (PTI) The goods and services tax (GST) reforms will help offset some of the adverse impacts of steep tariffs of 50 per cent imposed by the US on Indian shipment and the net impact of this on the GDP growth would be 0.2-0.3 per cent in the current financial year, Chief Economic Adviser V Anantha Nageswaran said on Wednesday.
On the positive side, he said, the GST reforms will play a very good offsetting role by substituting domestic demand for whatever export demand that may not materialise from the United States.
The GST Council last week decided to overhaul the tax regime by tweaking the four-slab GST structure of 5 per cent, 12 per cent, 18 per cent, and 28 per cent to a two-slab structure of 5 per cent and 18 per cent. The council also introduced a new GST rate of 40 per cent, to be imposed on sin and luxury goods.
Nearly 400 products from

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we want it to, especially the penal tariff of 25 per cent, then the second and third round effects will become more pronounced, which is the uncertainty with respect to investments, capital formation, overall sentiment in the economy,” he said.
However, Nageswaran said GST reform would not only boost domestic consumption but more importantly it provides an antidote to the second and third rounds of tariff impact.
“So net-net, I think if you take the GST into consideration, the impact of tariffs and the compensating effects of GST, rate reductions and process reform could probably give us a 0.2-0.3 per cent on a net basis, in terms of drag on the GDP estimates that we have of 6.3 to 6.8 for the current financial year,” he said.
The steep tariffs of 50 per cent among the highest in the world include a 25 per cent penalty for buying crude oil from Russia. The penalty of 25 per cent kicked in from August 27.
On August 7, the Trump administration enforced a 25 per cent tariff on

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culture sector still has room to contribute at least 0.5-0.7 per cent more to India's GDP growth and that is a function of giving farmers the right to sell to whosoever, whatsoever, wherever, and whenever.
“That is the kind of freedom that farmers need much more than agriculture subsidies,” he said.
Farmers also need some element of insurance, given their business is inherently prone to ravages of nature and uncertainties, he suggested.
“Empowering farmers and not imposing restrictions in their ability to tap market signals from within India or overseas, these would unleash productivity in agriculture and add to GDP growth,” he added.
Asked if India is part of any initiative on finding an alternate currency to dollar for global trade, Nageswaran said there is no attempt in this regard.
“No, certainly not. India is not part of any such initiative,” he emphasised.
Although last year, at the BRICS Summit, India and other BRICS nations had contemplated settlement of cross-borde

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Order under Section 73 set aside for lack of formal authenticated SCN as required by Rule 142(1)(a), natural justice breached
Case-Laws
GST
The HC set aside the impugned order dated 28.04.2024, holding that proceedings under Section 73 were vitiated for failure to issue a formal, authenticated show-cause notice (SCN) as mandated by Section 73 and Rule 142(1)(a); a summary in FORM GST DRC-01 or an attached statement of tax determination cannot substitute for a proper SCN. The court found breach of principles of natural justice where the Summary and attachments in GST DRC-01/DRC-07 lacked proper authentication and did not afford a meaningful opportunity to respond. The respondents were granted liberty to initiate fresh proceedings de novo under Section 73 if deemed appropriate. Petition allowed.
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Order set aside for failing Section 73 and Rule 142(1)(a) requirements; SCN and hearing under Section 75(4) mandatory
Case-Laws
GST
The HC held that the impugned order dated 16.04.2024 is set aside for noncompliance with Section 73 and Rule 142(1)(a) and for violation of the principles of natural justice under Section 75(4). The court found that a DRC-01 summary cannot substitute a proper Show Cause Notice; a distinct SCN and, where issued, a Statement under Section 73(3) are mandatory, and Section 73(2)'s timing requirements must be observed. Because the Proper Officer proceeded without affording an effective hearing, the adverse order was invalid. The petition is allowed; respondents are granted liberty to initiate fresh proceedings de novo under Section 73 if deemed appropriate.
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Order set aside and matter remanded for fresh adjudication after breach of natural justice; reply due by 15 October 2025
Case-Laws
GST
The HC set aside the impugned demand order and remanded the matter to the Adjudicating Authority for fresh adjudication, finding a breach of audi alteram partem where the SCN and subsequent notices were uploaded only to the “Additional Notices” tab and the Petitioner was not afforded a real opportunity to be heard. The Petitioner is granted time until 15 October 2025 to file a reply to the SCN; thereafter the Adjudicating Authority shall issue a personal hearing notice (not merely portal upload) and proceed afresh. The petition is allowed by way of remand.
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Quashed order remitted for fresh hearing on input tax credit claim for breach of natural justice and Section 75(4)
Case-Laws
GST
The HC held that the impugned order was passed in violation of principles of natural justice and Section 75(4) of the GST Act because no personal hearing was afforded to the petitioner. The court quashed the impugned order insofar as it adjudicated the petitioner's claim for input tax credit purportedly barred by limitation under Section 16(4) CGST Act, 2017, set aside the impugned order dated 13.04.2024, and remitted the matter to the respondent for fresh consideration. The petitioner is to be afforded an opportunity of personal hearing and permitted to establish the claim on merits. Petition disposed of by way of remand.
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Petitioner entitled to reimbursement of additional 6% GST deducted due to rate change; respondents directed to pay within six weeks
Case-Laws
GST
The HC disposed of the petition without adjudicating the merits and directed the respondents to consider the petitioner's claim for reimbursement in accordance with the decision of the committee of officers chaired by the Chief Engineer, PW (R&B)/PMGSY and the communication dated 11 July 2024. The respondents are ordered to reimburse the additional 6% GST, if any, deducted by the DDOs attributable to the GST rate change from 12% to 18% effective 18 July 2022. The reimbursement is to be effected within six weeks from service of a copy of this order upon the concerned Chief Engineer/department.
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Petition dismissed for failing to rebut migration to regular tax scheme after non-response, non-filing, and non-payment.
Case-Laws
GST
The HC dismissed the petitions and upheld the impugned orders, finding that the petitioner failed to rebut the intimations that he migrated from the composition scheme to the regular scheme. The record established non-response to show-cause notices, no filing of returns, and non-payment of tax; no evidence was produced demonstrating any challenge to the intimation, reversal by a competent forum, or continued status as a composition taxpayer. Having neither responded to statutory notices nor appeared before the proper officer, the petitioner's belated assertion on appeal that he never opted out of the composition scheme was held to be unsubstantiated and insufficient to vitiate the impugned action. Petition dismissed.
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Quashing detention and seizure where expired e-way bill alone can't prove intent under Section 129(3), release goods
Case-Laws
GST
The HC allowed the petition, quashing the impugned detention and seizure orders and directing release of the goods, holding that proceedings under Section 129(3) could not be sustained absent material indicating intent to evade tax. The court accepted the petitioner's documentary evidence explaining delay caused by vehicle breakdown and noted no discrepancy as to quantity or quality; the authorities failed to record cogent findings rebutting that explanation. In these circumstances an expired e-way bill alone did not establish mens rea for tax evasion, and the impugned orders were held unlawful and set aside.
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Proceedings under Section 74 void if initiated against deceased proprietor without serving or substituting legal representative
Case-Laws
GST
HC allowed the writ petition and quashed the show cause notice and consequential orders issued under Section 74 of the Act. The court held that initiation of proceedings against a deceased proprietor was void ab initio where death had been notified to authorities, and that proceedings cannot validly be instituted against a deceased person, the estate or legal heirs absent proper service on or substitution of the legal representative. The HC found the SCN and subsequent ex parte order unsustainable for failure to proceed against the legal representative/heirs in accordance with law. The impugned SCN and ex parte order were set aside and the petition challenging those proceedings was allowed.
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Section 74 UPGST/CGST order quashed for denying hearing and arbitrarily fixing evaded sales, purchases and liabilities
Case-Laws
GST
The HC held that proceedings under s.74 of the UPGST/CGST Act were initiated against the petitioner following a survey that disclosed discrepancies, and an ex parte order fixed evaded sales and corresponding tax, interest and penalty without affording the petitioner a hearing on purchases, thereby violating principles of natural justice. The impugned order's fixation of evaded sales in excess of evaded purchases lacked reasoned justification and was arbitrary. Consequently, the HC quashed the impugned orders and remitted the matter for fresh consideration consistent with statutory mandate and audi alteram partem, directing reconsideration of determination of purchases, evaded turnover and resultant liabilities.
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Delegated Additional Commissioner's suo motu revision under s.23(4)(a) upheld; remedy limited to appeal under s.23(4)(c)(ii)
Case-Laws
GST
The HC dismissed the writ challenging a suo motu revision order by an Additional Commissioner under s.23(4)(a) of the OST Act, holding the Additional Commissioner validly exercised delegated revisionary power and that the Commissioner lacked jurisdiction to re-initiate revision once such delegated power was exercised. By virtue of the non-obstante clause in s.23(4)(d) and the delegation scheme under s.3/Rule 3, any remedy lies by way of appeal to the Commissioner under s.23(4)(c)(ii). The petitioner was directed to pursue the statutory appellate remedy against the order dated 31 May 2025 before the Commissioner and may raise all available grounds; the writ petition was disposed.
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Petition allowed; order of October 3, 2024 rejecting appeal for non-compliance with Section 107(6)(b) CGST set aside
Case-Laws
GST
The HC allowed the petition and set aside the impugned order dated 3 October 2024 that had rejected the petitioner's appeal for alleged non-compliance with the mandatory pre-deposit requirement under Section 107(6)(b), CGST Act. The Court concluded the Appellate Authority's reasoning was contrary to settled judicial precedent and therefore restored the petitioner's appeal to the Appellate Authority for adjudication on merits. No remand for compliance with the pre-deposit was ordered; the matter is to proceed to substantive determination before the Appellate Authority in accordance with applicable law and precedent.
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BJP MP Sikender Kumar terms GST 2.0 as next-generation reform
GST
Dated:- 9-9-2025
PTI
Shimla, Sep 9 (PTI) BJP Rajya Sabha member from Himachal, Sikender Kumar, has termed the GST rationalisation as a next-generation reform process, which will empower consumers, liberate entrepreneurs, strengthen economic sovereignty and chart a course for a prosperous and inclusive India.
In his article on the subject, shared with the media persons here, Kumar, who is also the former Vice-Chancellor of Himachal Pradesh University, said GST 2.0 could prove as transformative as the 1991 liberalisation or the Unified payments Interface (UPI) revolution of 2016 by linking people's growth to national productivity and lowering the consumption barrie

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epare India for short-term dynamism and long-term resilience.
If implemented effectively, this multi-dimensional growth lever has all economic ingredients to improve India's fiscal architecture and propel the country onto a trajectory where every rupee spent, saved, or invested would yield greater national wealth, he added.
The government envisions these next-gen GST reforms to significantly energise the economy, potentially adding Rs 20 lakh crore to Gross Domestic Product (GDP) and these next-stage reforms have come at a crucial juncture, when India has already become the fourth-largest economy in the world and aims to reach a USD 10 trillion size by 2047, he emphasised.
He stressed that these reforms also required the transformation o

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Govt directs manufacturers to revise MRP on unsold stock as GST rates change
GST
Dated:- 9-9-2025
PTI
New Delhi, Sep 9 (PTI) The government on Tuesday directed manufacturers and importers to declare revised maximum retail prices (MRP) on unsold stock to reflect changes in goods and services tax (GST) rates, with the deadline set for December 31 or until stocks are exhausted, whichever is earlier.
The directive comes as the government has reduced GST on various products and services, which will come into effect from September 22.
“As per the new GST rates, manufacturers, packers, and importers can revise the MRP on unsold stock until 31st December 2025 (or until stock lasts),” Union Food and Consumer Affairs Minister Pralhad

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Companies asked to revise MRP on unsold stocks to reflect GST rate change: Union Min Joshi
GST
Dated:- 9-9-2025
PTI
New Delhi, Sep 9 (PTI) The government has asked manufacturers to revise the maximum retail price (MRP) on unsold stocks in line with the change in GST rates.
The government has reduced GST on various products and services, which will come into effect from September 22.
“As per the new GST rates, manufacturers, packers, and importers can revise the MRP on unsold stoc

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New GST rates: A boon for agriculture and farmersÂ’ prosperity
GST
Dated:- 9-9-2025

“The nation is grateful to Prime Minister Shri Narendra Modi and the Finance Minister for the GST reforms”: Union Agriculture Minister Shri Shivraj Singh Chouhan
“New chapters of growth will be written in agriculture, and we will see positive results in every sector” – Union Agriculture Minister Shri Chouhan
The new GST (Goods and Services Tax) rates mark a major transformation in the agriculture and dairy sectors. With the reduction in GST rates, farmers, agricultural and dairy workers, and livestock owners across the country are expressing joy and gratitude to Prime Minister Shri Narendra Modi and Union Finance Minister Smt. Nirmala Sitharaman. Union Agriculture Minister Shri Shivraj Singh Chouhan termed the new rates a revolutionary decision, expressing hope for historic changes.
The impact of the GST reforms will be widely seen among small and medium farmers. Lower GST on agricultural

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ill get cheaper
Nuts to cost less
Boost to food processing
No GST on milk and cheese
Promotion of indigenous products
GST reduced on 'prepared/preserved fish'
Natural honey to cost less
Reduced GST on tendu leaves
Detailed impact of GST cuts on various sectors
Agricultural Mechanisation
* GST on tractors (<1800 cc) reduced to 5%. * Tractor parts, including tyres, tubes, hydraulic pumps: GST cut from 18% to 5%. * Sprinklers, drip irrigation, harvesting machinery, tractor parts: GST cut from 12% to 5%. * Fixed speed diesel engines (>15 HP), threshing/harvesting machines, compost machines: GST cut from 12% to 5%.
* Lower tractor prices will make mechanisation accessible to small and medium farmers, saving time, reducing labour costs, and improving productivity. 
OLD AND NEW GST DIFFERENCE CALCULATION FOR VARIOUS SOME OF THE POPULAR AGRICULTURAL MACHINERY & EQUIPMENTS :-
Sl.No.
Name of Agricultural Machinery & Equipment
Basic cost of Agricultural Machinery & Equ

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0
2,300
48,300
3,220
 
⁠Seed cum Fertiliser Drill – 13 Tine
62,500
7,500.00
70,000
3,125.00
65,625
4,375
 
Harvester Combine
14 feet Cutter Bar
26,78,571
3,21,428
30,00,000
1,33,928
28,12,500
1,87,500
 
Straw Reaper
5 feet
3,12,500
37,500.
3,50,000
15,625
3,28,125
21,875
 
Super Seeder
8 Feet
2,41,071
28,928.57
2,70,000
12,053
2,53,125
16,875
 
⁠Happy Seeder
10 Tine
1,51,786
18,214
1,70,000
7,589.29
1,59,375
10,625
 
Rotavator
6 Feet
1,11,607
13,392
1,25,000
5,580
1,17,187
7,812
 
Baler Square
6 feet
13,39,286
1,60,714
15,00,000
66,964
14,06,250
93,750
 
Mulcher
8 Feet
1,65,179
19,821
1,85,000
8,258
1,73,437
11,562
 
⁠Pneumatic Planter
4 Row
4,68,750
56,250
5,25,000
23,437
4,92,187
32,812
 
⁠Sprayer Tractor Mounted
400 Liter capacity
1,33,929
16,071
1,50,000
6,696
1,40,625
9,375
Fertilisers
* Ammonia,

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, etc., cut from 12% to 5%.
* Dairy farmers' products made more competitive
* Milk cans (iron/steel/aluminum) now at 5% instead of 12%.
* Boost to indigenous dairy products.
Aquaculture
* GST on 'prepared or preserved fish' reduced from 12% to 5%.
* Likely to encourage aquaculture and fish farming nationwide.
Honey
* GST reduced on natural honey, benefitting beekeepers, tribal communities, and rural SHGs.
* GST on artificial honey (whether blended with natural or not) cut from 18% to 5%.
Solar-Powered Equipment
* GST on solar-powered devices reduced from 12% to 5%.
* Affordable solar equipment will lower irrigation costs, helping farmers.
Tendu Leaves
* GST reduced from 18% to 5%.
* As tendu leaves are a key source of income for farmers and tribals in Odisha, Madhya Pradesh, and Chhattisgarh, this cut will strengthen livelihoods in these states.
On the whole, the GST rationalization in agriculture is a farmer-friendly, pro-rural, and pro-sustainability reform

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Krishival Foods Limited Welcomes GST Cut on Nuts, Dried Fruits and Ice Cream
GST
Dated:- 9-9-2025
PTI
Mumbai, September 9, 2025: Krishival Foods Limited has welcomed the reduction in the GST rate for nuts, dried fruits and ice cream as confirmed at the 56th GST Council meeting. The GST on products such as Brazil nuts, almonds, pistachios, and other dried fruits has been reduced from 12% to 5%, and on ice cream has been reduced from 18% to 5% effective September 22, 2025.
Commenting on the development, Sujit Bangar, Chairman, Krishival Foods, said, “The GST rate reduction is a transformative step for the packaged food sector. At Krishival Foods, we see this as a catalyst to accelerate category growth and strengthen India’s pos

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