Author: admin_gst

Profiteering found under Section 171 CGST for failing to pass October 2019 GST cuts; recovery ordered with interest
Case-Laws
GST
The AT held that the Respondent engaged in profiteering under Section 171, CGST Act, by failing to pass on GST rate reductions effective 01.10.2019; the statutory rebuttable presumption that reduced tax rates require commensurate price reductions was not successfully rebutted. The Respondent's claim of COVID-related additional costs was found unsubstantiated and after-the-fact. The AT directed recovery of Rs. 31,28,631 with interest at 18% p.a. from 01.10.2019 until realization, and ordered deposit of the realized amount into the Consumer Welfare Fund to be apportioned equally between the Centre and States.
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Writ dismissed; refunds under section 49(6) tied to section 54 conditions; no ITC reversal shown under section 29(5)
Case-Laws
GST
The HC allowed the writ appeal, set aside the Single-Member bench decision and ruled for the Revenue. The court held that refunds under section 49(6) are permissive only “in accordance with” section 54, and do not independently entitle a taxpayer to refund accumulated input tax credit (ITC) on discontinuance or disposals unless statutory preconditions are met. The respondent failed to plead or prove reversal of accumulated credit under section 29(5) and did not establish entitlement under section 54 or applicable rules. Consequently the writ was held not maintainable and no constitutional or statutory violation was made out entitling to the claimed refund.
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Petition dismissed challenging pre-approval statutory demand orders; dues not in approved resolution plan extinguished under Section 31 IBC
Case-Laws
GST
The HC dismissed the petition filed by the petitioner against the respondent authority's pre-approval show-cause and demand orders under the GVAT, holding that those statutory claims arose prior to the NCLT's approval of the resolution plan on 04.10.2024. Applying the governing jurisprudence, the court held that statutory dues not included in an approved resolution plan are extinguished upon adjudicating authority's approval under Section 31 of the IBC, and no proceedings in respect of such pre-approval claims may be continued. Consequently the petitioner's challenge to the impugned pre-approval demand orders was not entertained and the petition was disposed of.
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Cancellation of GST registration invalid for lack of reasons and natural justice; restoration possible under Section 29(2)(c) and Rule 22(4)
Case-Laws
GST
HC held that cancellation of the petitioner's GST registration was vitiated for failure to assign reasons and for breach of principles of natural justice. The court observed that under Section 29(2)(c) an empowered officer may cancel registration, and Rule 22(4) proviso permits the officer to drop cancellation proceedings and restore registration by issuing Form GST REG-20 where the person files all pending returns and pays tax dues with applicable interest and late fee. The writ petition was disposed of directing the petitioner to apply to the concerned authority within two months to seek restoration; the authority may consider dropping proceedings and pass the appropriate order upon compliance.
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Retrospective GST registration cancellation set aside for procedural unfairness; matter remitted for fresh revocation hearing with full opportunity
Case-Laws
GST
The HC allowed the petition by way of remand, finding the retrospective cancellation of the petitioner's GST registration procedurally infirm. The court held the Proper Officer issued a show-cause notice alleging registration obtained by fraud but then relied on additional grounds and evidentiary materials not disclosed or afforded to the petitioner, and failed to consider the petitioner's submitted response. Those omissions breached principles of natural justice and rendered the impugned cancellation and the rejection of the revocation application unsustainable. The matter is remitted to the Assistant Commissioner, Central GST & CX (Respondent No.4) to reopen and decide the petitioner's application for revocation afresh after giving the petitioner full opportunity to meet all grounds and evidence.
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Orders set aside; taxpayer given two months to produce invoices for GST exemption on specified rice transactions; fresh hearing
Case-Laws
GST
HC set aside the impugned orders and quashed the appellate rejection based solely on delay, holding that the petitioner was entitled to a reasonable opportunity to adduce material evidence concerning GST exemption on specified rice transactions. The court directed the petitioner to produce invoices and corroborative evidence within two months and ordered the competent authority to schedule an oral hearing, consider the newly produced material, and pass a fresh speaking order within four months. The matter is remitted for fresh adjudication on merits limited to the exemption claim; petition allowed and prior orders dated 15.04.2025, 27.04.2024 and 28.04.2024 set aside.
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Suspension quashed for lack of investigation into alleged forged document changes; authorities must give fresh hearing within four months
Case-Laws
GST
The HC allowed the petition and quashed the impugned suspension insofar as it was effected without due investigation into alleged unauthorized changes based on forged documents, finding a violation of principles of natural justice. The Court directed the Joint Commissioner, State Taxes, to afford fresh opportunities to the parties to file responses and to be heard, and to pass an appropriate order after hearing, preferably within four months of receipt of a copy of the order. The HC noted that an earlier interim stay enabled the petitioner to file updated returns and responses, and ordered proceedings to be conducted with affording of statutory fairness before any final tax-administrative action.
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Petition dismissed for failure to challenge officer's jurisdiction under Section 129(3) CGST; petitioner must appeal within one month
Case-Laws
GST
The HC held that the petition is not maintainable insofar as the petitioner failed to show that the officer exercising Section 129(3) of the CGST Act lacked jurisdiction or that “specifying the penalty payable” requires assessment of goods and valuation prior to its specification; prima facie the petitioner did not cooperate in proceedings under Section 129. The writ petition is disposed of with the petitioner directed to exhaust the remedy of appeal before the appellate authority within one month of receipt of the order. The appellate authority is requested to decide the memorandum of appeal within a reasonable period, namely three months from receipt. No stay was granted.
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Full benefits of GST rate cuts must be passed on to consumers, says Piyush Goyal
GST
Dated:- 8-9-2025
PTI
New Delhi, Sep 8 (PTI) Union Minister Piyush Goyal on Monday asked the industry to pass on the full benefit of GST rate cuts to consumers, thereby increasing the demand of domestic products and strengthen the foundation of India's economy.
“The GST rate cuts, along with simplification, will boost domestic demand, small and large enterprises will get access to more opportunities, new avenues for employment will be generated, earnings will rise, which will lead to higher spending,” Goyal said, adding that this will create a virtuous cycle of growth to take the country ahead.
No power in the world will be able to stop India

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the third largest globally in the next 2-2.5 years and by 2047, it will become an economy of at least USD 30 trillion.
The minister said with GST rate cuts and simplification, Prime Minister Narendra Modi has given a boost to domestic demand. He noted that new opportunities for employees and increases in income will follow. He further said when infrastructure spending and consumer demand grow on strong base of the economic system, no power in the world can stop India from becoming a world power.
Goyal said under the leadership of PM Narendra Modi, India has transformed from a fragile five economies to one of the top five economies. He noted that India has been the fastest-growing economy for the last four years. In the last quarter, th

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products that can be procured and made in India, he suggested.
Goyal highlighted that India's strength relies on trade and the MSME sector, which form the backbone of the country's businesses.
Referring to EEPC's journey, he pointed out that in 1955, exports were at USD 10 million, while today they stand at USD 116 billion. With time, he said, the engineering sector will grow further with bigger goals and greater strength.
The minister said he has full confidence that India, with the motto of “Zero Defect, Zero Effect,” will grow bigger. He underlined the need to ensure that good quality products are made in India and sold across the world.
He added that the world today considers India a trusted partner, and it is important to main

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CBIC to engage with insurers to work out transition mechanism for ITC on exempt policies: Sitharaman
GST
Dated:- 8-9-2025
PTI
New Delhi, Sep 8 (PTI) The Central Board of Indirect Taxes and Customs (CBIC) will be engaging with the insurance industry to work out a transition mechanism for the accumulated input tax credit (ITC) of those policies which have been exempted from tax with effect from September 22, Finance Minister Nirmala Sitharaman has said.
The GST Council, comprising the Centre and states, in its meeting last week, decided to exempt GST on premiums paid on individual life and health insurance policies with effect from September 22.
Currently, 18 per cent GST is levied on premium payments for such policies.
In a

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,” she said.
The GST Council has approved a two-tier GST structure with rates of 5 per cent and 18 per cent for most goods and services and a special rate of 40 per cent for tobacco and related products as well as ultra-luxury items.
The new rates will be effective September 22, barring tobacco and associated products, will continue to be taxed at 28 per cent plus a compensation cess till December 31.
As part of the rationalisation, GST has been exempted on individual life insurance, including term, ULIP, and endowment plans and reinsurance services. Currently, premium payment on such policies attracts 18 per cent tax.
Currently, GST is levied in the slabs of 5, 12, 18 and 28 per cent.
The government has collected Rs 16,398 crore

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India stands united to overcome global challenges; focus on Swadeshi and Atmanirbhar Bharat essential: Union Minister of Commerce and Industry Shri Piyush Goyal
GST
Dated:- 8-9-2025

India committed to “Zero Defect, Zero Effect” growth; trusted global partner and top performer in sustainability efforts: Shri Goyal
GST rate cuts and reforms to boost domestic demand; India poised to become a global economic power: Shri Piyush Goyal
Under Prime Minister Narendra Modi's leadership, India rises from fragile five to top five economy; fastest growing for four years: Shri Piyush Goyal
No matter how big the problem arises in the global situation, India stands together as a nation said Union Minister of Commerce and Industry, Shri Piyu

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stressing the importance of innovation. He said that India's 1.4 billion people, businesses and trade should focus on Made in India products. Businesses that are import dependent, he suggested, can look into products that can be procured and made in India.
The Hon'ble President of India, Smt. Droupadi Murmu, graced the occasion as the Chief Guest. In her address, she spoke about India's engineering exports and their advancement over the decades. She emphasised the importance of exports in strengthening the country's economy and enhancing India's global standing.
Shri Goyal highlighted that India's strength relies on trade and the MSME sector, which form the backbone of the country's businesses. He said that India's self-confidence is so s

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a is mindful of Mother Nature, and with its NDC commitments under COP21 in Paris, India has ranked in the top three for consecutive years in global sustainability efforts.
Shri Goyal said that under the leadership of Prime Minister Narendra Modi, India has transformed from a fragile five economies to one of the top five economies. He noted that India has been the fastest growing economy for the last four years. In the last quarter, the country achieved 7.8 percent GDP growth, which he described as a world record.
The Minister said that with GST rate cuts and simplification, Prime Minister Narendra Modi has given a boost to domestic demand. He noted that new opportunities for employees and increases in income will follow. He further said t

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Govt working on comprehensive package to support exporters hit by US tariffs: Sitharaman
GST
Dated:- 8-9-2025
PTI
New Delhi, Sep 8 (PTI) The government is working on a comprehensive package to support Indian exporters impacted by a steep 50 per cent tariff imposed by the US, Finance Minister Nirmala Sitharaman has said, asserting a multi-departmental engagement is underway to assess the impact on Indian shipments.
In an interview with PTI, Sitharaman said various industries are sharing the impact with the concerned departments or ministries as the second part (25 per cent) of the tariff kicked in from August 27.
“So, we are getting their inputs…something is being worked out to do some hand-holding for those exporters who h

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and jewellery, shrimp, leather and footwear, animal products, chemicals, and electrical and mechanical machinery.
Sectors such as pharma, energy products and electronic goods are out of the ambit of these sweeping duties.
The US accounted for about 20 per cent of India's USD 437.42 billion worth of goods exports in 2024-25.
The US has been the largest trading partner of India since 2021-22. In 2024-25, the bilateral trade in goods stood at USD 131.8 billion (USD 86.5 billion exports and USD 45.3 billion imports).
Calling the landmark GST overhaul a 'people's reform', Sitharaman said that rationalisation of tax rates for a wide swath of products will benefit every family, boost consumption, and bolster the economy.
The finance mini

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armarked for a small list of sin goods and ultra-luxury items.
“This is a reform which touches the lives of all 140 crore people. There is no individual in this country who is untouched by GST. The poorest of the poor also have something small that they buy, touched by GST,” she said.
Starting September 22, the GST slab structure will change – 5 per cent for common use goods and 18 per cent for everything else. The existing slab of 12 per cent and 28 per cent rates has been done away with.
In the revamped GST structure, most daily food and grocery items will fall under the 5 per cent GST slab, with bread, milk and paneer attracting no tax at all.
Sitharaman said the reform – the single biggest since the 2017 roll-out of the one-nati

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Section 161 cannot be used to recall an order allowing appeal; statutory appellate remedy must be pursued instead
Case-Laws
GST
The HC held that the rectification applications under Section 161 were improperly employed to recall an order allowing the petitioner's appeal; such relief cannot substitute for the statutory appellate remedy. The court found no error apparent on the face of the record warranting rectification, as the impugned orders required substantive examination rather than a manifest clerical mistake. Consequently the rectification orders were quashed, the order allowing the appeal was restored, and the petition was allowed. The HC emphasized that an aggrieved party must pursue the prescribed statutory remedy rather than seek recall via Section 161.
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Writ allows refund or electronic cash ledger credit after seizure quashed; petitioner entitled to restitution or tax-credit relief
Case-Laws
GST
Writ petition challenging seizure of goods and imposition of tax and penalty is allowed. The HC quashed the impugned order and, relying on this Court's prior decision and applicable CBIC guidance, directed the respondent to either refund amounts paid by the petitioner or permit adjustment by crediting the petitioner's electronic cash ledger for future tax liability; the order has not been appealed and the issue has attained finality. Consequently, the petitioner is entitled to restitution or tax-credit relief as directed, and the writ issues accordingly.
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Petition allowed; orders under s.130 read with s.122 quashed; refund with 4% interest to be made within two months
Case-Laws
GST
The HC allowed the petition and quashed the impugned orders issued under s. 130 read with s. 122 of the UP GST Act that had levied tax and penalty on alleged excess stock. The court held the orders unsustainable in law and directed the revenue authority to refund any amounts deposited by the petitioner, with interest at 4% per annum from the date of deposit until refund. The authority must effect the refund within two months of production of a certified copy of the order. The petition is allowed and the enforcement orders are set aside.
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Pre-deposit via electronic credit ledger deemed valid for appeal under Section 107 GST; matter remitted for fresh adjudication
Case-Laws
GST
The HC quashed the impugned appellate order and allowed the petition by way of remand, holding that the pre-deposit made through the electronic credit ledger constitutes a valid deposit for preferring an appeal under Section 107 of the GST Act. The court rejected the denial of opportunity to rectify any alleged defect in the deposit and directed the appellate authority to decide the appeal afresh in accordance with law, treating the amount paid via the electronic credit ledger as compliant with the pre-deposit requirement. Parties are anonymized as Appellant and Respondent; the matter is remitted for fresh adjudication consistent with this direction.
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Statutory limitation under Section 107 is absolute; writ relief cannot extend appeal filing time or condone delay
Case-Laws
GST
The HC dismissed the writ petition seeking condonation of delay for filing an appeal under Section 107 of the Act, holding that the statutory limitation is absolute and not extendable by the writ court or by application of Section 5 of the Limitation Act. The court reiterated that the Act constitutes a self-contained code with an inbuilt limitation mechanism, thereby implicitly excluding the Limitation Act's extension power. The appellate forum and the prescribed statutory procedure are the sole remedy for challenge; equitable relief to condone delay beyond the statutory period is unavailable. Accordingly, the petitioner's delay was incurable and the petition was dismissed.
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Adjudication quashed for breach of natural justice where show-cause notice failed to disclose materials, demand of Rs.40,37,877 set aside
Case-Laws
GST
The HC held that the adjudicatory process was vitiated for breach of natural justice because the show-cause notice failed to disclose the materials underpinning the allegation of tax evasion, depriving the petitioner of an opportunity to reply; such procedural infirmity is incurable at appellate stages. Consequently, the adjudicating authority's rectification order dated 16.10.2023 insofar as it confirmed a demand of Rs. 40,37,877/- was set aside and quashed; the appellate authority's order dated 17.02.2025 upholding that finding and the consequent demand notice of 17.02.2025 were likewise set aside and quashed. The writ petition was disposed of.
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Petition dismissed; s.168 CGST only empowers binding instructions, non-compliance makes orders invalid unless adjudicated, delay not excused
Case-Laws
GST
The HC dismissed the petition and declined to interfere with the impugned assessment orders, which remain effective until set aside by a court or competent authority. The court held that s.168 CGST confers only a power to issue binding instructions to tax authorities; non-compliance renders consequent orders invalid but not void ab initio. Consequently, declaration of invalidity requires adjudication by an appropriate forum, which must also consider laches. The HC rejected claims of non-service via the GST portal and refused condonation of delay, finding the statutory portal service method adequate; anonymous petitioners' asserted unawareness of portal service did not justify relief.
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Retrospective GST cancellation quashed for violating audi alteram partem; de-registration effective only from 31 December 2024
Case-Laws
GST
The HC held that the impugned order effectuating retrospective cancellation of the Petitioner's GST registration exceeded the scope of the show-cause notice and violated the audi alteram partem principle by failing to put the Petitioner on notice of retrospective de-registration. Consequently, the cancellation order was quashed insofar as it operated retrospectively, and the HC confined the effective date of cancellation to 31 December 2024, being the date of issuance of the show-cause notice. The petition was allowed and the Petitioner's registration is preserved up to that date, with liberty to contest any further proceedings in accordance with statutory procedure.
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IndiaÂ’s Steel Industry Seeks Reforms in Standards, Green Steel Push, and GST Simplification to Strengthen Competitiveness
GST
Dated:- 8-9-2025
PTI
New Delhi [India], September 8: The AIIFA Sustainable Steel Manufacturers Association, representing over 1,800 members nationwide, has called for comprehensive reforms in standards, sustainability practices, and taxation to strengthen the resilience and global competitiveness of IndiaÂ’s steel sector. Contributing nearly 47% of the nationÂ’s steel output, the secondary steel sector plays a pivotal role in driving decentralized industrial growth, employment in semi-urban and rural areas, and supporting IndiaÂ’s target of 300 million tonnes of steel capacity by 2030. Despite its importance

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tion Centre, Goregaon, Mumbai, will unite the secondary steel sector under the theme “One Industry, One Destination.” With 300+ exhibitors and over 3,500 delegates expected, discussions will focus on decarbonization, hydrogen-based steelmaking, renewable energy integration, raw material security, circular economy models, and global trade challenges such as the EU’s Carbon Border Adjustment Mechanism (CBAM).
Mr. Yogesh Mandhani, President of AIIFA Sustainable Steel Manufacturers Association, emphasized the need to revisit BIS standards, pointing out that India’s diverse geography and climatic conditions make a uniform, “one-size-fits-all” approach inadequate. He called for revisions to critical norms such as IS:1786 with region-specific co

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r green steel projects, enabling India to emerge as a global hub for sustainable steel production.
Mr. Kamal Aggarwal, Hon. Secretary General of AIIFA Sustainable Steel Manufacturers Association, highlighted another critical concern—GST compliance in scrap transactions. With small and unorganized suppliers often operating outside the formal framework, the compliance burden falls disproportionately on secondary steel producers. He stressed the need for simplified and inclusive GST mechanisms that encourage small suppliers to enter the tax net, thereby strengthening the circular economy, improving compliance, and enhancing industry competitiveness.
Concluding, Mr. Mandhani reiterated that IndiaÂ’s steel sector stands at a decisive turning

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Bail granted on Rs.100,000 bond and like surety; arrest authorization lacked mandatory reasons under Section 35(1)(b)(ii) and Section 35(3)
Case-Laws
GST
The HC grants the petitioner bail on execution of a bond of Rs.100,000 with a like surety, subject to satisfaction of the CJM and compliance with imposed conditions. The court held that the alleged offence attracts a maximum sentence of five years and that statutory safeguards under BNSS required issuance of notice under Section 35(3) or, if dispensed with, a written satisfaction recording reasons as mandatorily required by Section 35(1)(b)(ii); the impugned arrest authorization failed to state such reasons. The court applied Apex Court arrest guidelines for offences punishable up to seven years and affirmed concurrent High Court jurisdiction to entertain the bail petition.
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BJP resolution urges businesses to pass on GST cut benefits to consumers
GST
Dated:- 7-9-2025
PTI
New Delhi, Sep 7 (PTI) A BJP resolution, which commended Prime Minister Narendra Modi on the GST rate cut, on Sunday asked manufacturers and traders to ensure that the benefits are passed on to consumers.
This is the Modi government's call for fairness, for growth and for every family in India to feel the benefit, it said.
“It is a call for an aatmanirbhar Bharat,” the resolution said, exhorting the businesses to ensure that prices are lowered as a result of the reduction in the Goods and Services Tax (GST) to bring relief to the consumer, “turning reforms into ease of living, greater demand and a more prosperous economy”.
The

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opkeeper and customer, trader and citizen.” It called for ensuring that the GST reforms under Modi are remembered as a triumph of governance and a promise kept to the people of India.
It said, “These far-reaching changes embody our unity, fairness and shared growth. Now it is the duty of every trader to pass on each rupee of relief to the consumer, turning reforms into ease of living, greater demand and a more prosperous economy.” The resolution, which was adopted unanimously, said BJP MPs heartily congratulate Modi for this bold and citizen-friendly move and conveyed the gratitude of the people.
Eight years ago, India embraced the Goods and Services Tax, fulfilling the vision of “One Nation, One Tax.” What once was a cumbersome tax

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BJP resolution urges businesses to pass on GST cut benefits to consumers
GST
Dated:- 7-9-2025
PTI
New Delhi, Sep 7 (PTI) A BJP resolution, which commended Prime Minister Narendra Modi on the GST rate cut, on Sunday asked manufacturers and traders to ensure that the benefits are passed on to consumers.
This is the Modi government's call for fairness, for growth and for every family in India to feel the benefit, it said.
“It is a call for an aatmanirbhar Bharat,” the resolution said, exhorting the businesses to ensure that prices are lowered as a result of the reduction in the Goods and Services Tax (GST) to bring relief to the consumer, “turning reforms into ease of living, greater demand and a more prosperous economy”.
The

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opkeeper and customer, trader and citizen.” It called for ensuring that the GST reforms under Modi are remembered as a triumph of governance and a promise kept to the people of India.
It said, “These far-reaching changes embody our unity, fairness and shared growth. Now it is the duty of every trader to pass on each rupee of relief to the consumer, turning reforms into ease of living, greater demand and a more prosperous economy.” The resolution, which was adopted unanimously, said BJP MPs heartily congratulate Modi for this bold and citizen-friendly move and conveyed the gratitude of the people.
Eight years ago, India embraced the Goods and Services Tax, fulfilling the vision of “One Nation, One Tax.” What once was a cumbersome tax

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PM Modi attends workshop for BJP MPs, resolution on GST reforms passed
GST
Dated:- 7-9-2025
PTI
New Delhi, Sep 7 (PTI) Prime Minister Narendra Modi on Sunday attended a workshop for BJP MPs where a resolution was passed lauding the government for the GST reforms ahead of the party's nationwide outreach to highlight its benefits.
Modi remained in the midst of the MPs and attended different sessions on the first day of the “Sansad Karyashala”.
Sources said the prime minister gave suggestions and shared his views while attending meetings of MPs divided into different groups.
In a meeting in which members of a few parliamentary committees were combined, he asked them to take active participation in discussions and in reading a

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is a karyakarta (worker).” Modi later said on X, “Attended the 'Sansad Karyashala' in Delhi. MP colleagues from all over India and other senior leaders exchanged valuable perspectives on diverse issues.” He added, “In our Party, platforms like 'Sansad Karyashala' are important because they are great forums to learn from each other and deliberate on how we can serve people even better.” The different sessions during the two-day workshop will be devoted to a host of issues, including the work of parliamentarians and the highlights of the government's successes.
The venue was replete with materials showcasing the benefits of the latest GST reforms and other achievements, including Operation Sindoor. PTI KR RT RT
News – Press relea

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