Author: admin_gst

Govt keeping 'good watch' on rupee, several currencies declined against USD: Sitharaman
GST
Dated:- 7-9-2025
PTI
New Delhi, Sep 7 (PTI) Finance Minister Nirmala Sitharaman has said that the government is keeping a 'good watch' on exchange rates, stressing that besides rupee several other currencies have depreciated against the US dollar.
“The rupee slide is largely against the dollar, not against any other currencies. That's also because of the way globally, the dollar has strengthened,” she said when asked if the slide of rupee against greenback is a concern.
“This is not the case only with rupee versus dollar, it's the case with many other currencies versus the dollar. So we are keeping a good watch on this,” she told PTI

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es/ clothing, gems 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.

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t tax has been earmarked 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 and 28 per cent rates have 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 o

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Spurt in consumption to drive revenue buoyancy, to meet fiscal deficit target of 4.4 pc: Sitharaman
GST
Dated:- 7-9-2025
PTI
New Delhi, Sep 7 (PTI) Finance Minister Nirmala Sitharaman has expressed confidence that revenue buoyancy driven by spurt in consumption will take care of the estimated GST shortfall of Rs 48,000 crore following reduction in tax rates on a host of items, and hence there will be no impact on public finances but definitely bolster GDP growth.
She also emphasised that consumption boost to be provided by landmark GST reform and better-than-expected first quarter GDP growth number may help in exceeding the projected pace of 6.3-6.8 per cent for FY26.
Asked about impact of GST rate cuts on fiscal deficit, Si

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cent slab.
Nearly 400 products – from soaps to cars, shampoos to tractors and air conditioners – will cost less when the rejig of the GST is effective from the first day of Navaratri on September 22. Premiums paid on individual health and life insurance will be tax-free.
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. EVs and small cars will be taxed at 5 per cent while other white goods at 18 per cent – slabs that are lower than current rates.
Calling the landmark GST overhaul a 'people's reform', Sitharaman said that rationalisation of rates for a wide swath of products will benefit every family.
“This is a reform which t

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Possible shortfall in nominal GDP growth in FY26 due to benign inflation: CEA Nageswaran
GST
Dated:- 7-9-2025
PTI
New Delhi, Sep 7 (PTI) Given the expectation of benign inflation, there may be a shortfall in nominal GDP growth compared to the Budget estimate of 10.1 per cent for the current financial year, Chief Economic Adviser V Anantha Nageswaran said.
He expressed optimism about meeting the real GDP growth target of 6.3-6.8 per cent for the current fiscal year despite the US imposing a steep 50 per cent tariff on Indian shipments.
Nominal GDP includes changes in prices caused by inflation, reflecting the impact of rising overall price levels, while real GDP is an inflation-adjusted measure that evaluates the value of all g

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the direct tax relief provided in the February Budget, as they all kick in and boost household and domestic consumption in general, some pricing power may return, but overall inflation will remain contained.” Nominal GDP growth may not fall too far short of the assumed number in the Budget of around 10.1 per cent for the full financial year FY26, he added.
About the impact of GST reforms on GDP, Nageswaran said, “While it will be difficult to quantify it at this point, ultimately much will depend on how the consumers respond and whether it will be offset by any uncertainty related to external trade, etc.” But given the fact that this is a fairly radical overhaul of the GST structure itself, reducing four rates to two and also doing many

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as much weaker this year compared to last year; in some sense, the GDP deflator being on the weaker side was a good thing and was not an unknown aspect. That was factored into the consensus expectations of Indian economists in the private sector.
“Yet the GDP growth number for the first quarter in the current fiscal year was much better than expected, it attests the underlying resilience of the Indian economy in general and the lagged effects of various initiatives that the government has been undertaking since its beginning in 2014 and more so in the last two Budgets continued its momentum in the second fiscal quarter as well,” Nageswaran said.
Further elaborating, he said the trade impasse with the US is continuing for the moment, so th

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Possible shortfall in nominal GDP growth in FY26 due to benign inflation: CEA Nageswaran
GST
Dated:- 7-9-2025
PTI
New Delhi, Sep 7 (PTI) Given the expectation of benign inflation, there may be a shortfall in nominal GDP growth compared to the Budget estimate of 10.1 per cent for the current financial year, Chief Economic Adviser V Anantha Nageswaran said.
He expressed optimism about meeting the real GDP growth target of 6.3-6.8 per cent for the current fiscal year despite the US imposing a steep 50 per cent tariff on Indian shipments.
Nominal GDP includes changes in prices caused by inflation, reflecting the impact of rising overall price levels, while real GDP is an inflation-adjusted measure that evaluates the value of all g

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the direct tax relief provided in the February Budget, as they all kick in and boost household and domestic consumption in general, some pricing power may return, but overall inflation will remain contained.” Nominal GDP growth may not fall too far short of the assumed number in the Budget of around 10.1 per cent for the full financial year FY26, he added.
About the impact of GST reforms on GDP, Nageswaran said, “While it will be difficult to quantify it at this point, ultimately much will depend on how the consumers respond and whether it will be offset by any uncertainty related to external trade, etc.” But given the fact that this is a fairly radical overhaul of the GST structure itself, reducing four rates to two and also doing many

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as much weaker this year compared to last year; in some sense, the GDP deflator being on the weaker side was a good thing and was not an unknown aspect. That was factored into the consensus expectations of Indian economists in the private sector.
“Yet the GDP growth number for the first quarter in the current fiscal year was much better than expected, it attests the underlying resilience of the Indian economy in general and the lagged effects of various initiatives that the government has been undertaking since its beginning in 2014 and more so in the last two Budgets continued its momentum in the second fiscal quarter as well,” Nageswaran said.
Further elaborating, he said the trade impasse with the US is continuing for the moment, so th

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Health experts alarmed by GST cut on beedis, demand uniform taxation
GST
Dated:- 7-9-2025
PTI
New Delhi, Sep 7 (PTI) Health experts have raised serious concerns over the government's decision to reduce the Goods and Services Tax (GST) on beedis from 28 per cent to 18 per cent, while other tobacco products remain in the highest 40 per cent slab.
They warned that cheaper beedis could increase their use, particularly among poor and vulnerable communities, worsening India's tobacco-related health burden.
Beedis, the most commonly smoked tobacco product in India, are used by over 70 million adults, according to the Global Adult Tobacco Survey (GATS) India 2016-17.
Warning of public health risks, renowned oncologist and recipient o

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beedis, public health expert and Head of the Department of Rheumatology at AIIMS, Delhi, Dr Uma Kumar said evidence clearly shows that higher taxation helps prevent tobacco use by reducing its affordability.
“Beedis are no less harmful than cigarettes or smokeless tobacco. Their toxicity is well documented and consumption leads to life-threatening diseases such as cancers, respiratory illnesses, and heart conditions,” she said.
Former director general of health services Dr Jagdish Prasad said no health or economic expert would support making a deadly product like beedi cheaper.
“Uneven tax policies that favour beedis over other tobacco products dangerously encourage their use, undermining decades of public health efforts. Bold, uniform a

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e and lowers overall consumption. This approach helps protect vulnerable populations from devastating health consequences and reduces the immense economic burden on our healthcare system,” she said.
Taxation is a proven tool for tobacco control, according to the World Health Organisation's Framework Convention on Tobacco Control (WHO FCTC), to which India is an early signatory.
Global studies show that a 10 per cent price increase can reduce tobacco consumption by 4-8 per cent in low and middle-income countries, particularly among the youth and lower-income groups sensitive to price changes.
The World Health Organisation (WHO) further recommends that at least 75 per cent of the retail price of tobacco products should be taxed to effectiv

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'Ek baar aap GST dekh lo': PM's nudge ushered in biggest GST reform in 8 yrs
GST
Dated:- 7-9-2025
PTI
New Delhi, Sep 7 (PTI) 'Ek baar aap GST dekh lo!' – Prime Minister Narendra Modi's gentle nudge to Finance Minister Nirmala Sitharaman in December last year sparked the beginning of a mammoth exercise to overhaul the tangled goods and services tax regime. And the final outcome is a significantly simplified system with lower tax rates and easier compliance for businesses.
Sitharaman, who, along with her team, began work to identify anomalies in the present four-tier structure and compliance issues faced by businesses, was once again reminded by the Prime Minister when she was preparing the Budget for the 2025-26 fiscal year. 'Aap GST ke upar kar rahi ho na kaam?' Modi had inquired.
Her discussion with the Prime Minister led Sitharaman to begin work on reviewing everything in GST – not just rates and tax slabs but how to make the regime more friendly for businesses, parti

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e for us, now that eight years are over, to have a thorough review of everything in GST, not just the rates, not just the number of slabs, but also looking at it from the point of view of how will a business, small or medium business approach this,” she said.
Classification issues – such as different tax rates on salted and caramel popcorn and cream buns being taxed at higher rates while buns and cream separately attracting much lower taxes – and the rates were reviewed.
“So since February 1, 2025, till about May 15 we kept doing this study, review and so on,” she said.
“Sometime in mid-May, when I was through with the first cut, I went to the Prime Minister (and) told him we are somewhere near some formulation, which can be a proposal and asked him to give me time so that I can brief him. He gave me time. I briefed him.” The final decision on changes in the GST rested with the GST Council, which is headed by the Union Finance Minister and includes representatives of all states

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nataka chief minister Basavaraj Somappa Bommai and was later headed by Bihar Deputy Chief Minister Samrat Chaudhary, went through the Centre's proposal.
The GoM backed the proposal to scrap 12 per cent and 28 per cent GST slabs and have just two – 5 per cent for common use goods and 18 per cent for everything else. A third rate of 40 per cent has been earmarked for a small list of sin goods and ultra-luxury items.
“Then (GoM) they came to a decision that it is better this whole thing is placed in the Council itself, rather than for them to further go into the proposal. Then all this came to the Council, and the Council took a decision on September 3 on lines of the Centre's proposal,” she said.
Sitharaman called the landmark GST overhaul a “people's reform” that will benefit every family, boost consumption, and bolster the economy. All 140 crore people will be touched by this landmark reform directly or indirectly, she said.
Nearly 400 products – from soaps to cars, shampoos to

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Noida Police arrests man for 'creating fake GST invoices worth Rs 10 crore'
GST
Dated:- 6-9-2025
PTI
Noida, Sep 6 (PTI) A former employee of a private firm in Noida has been arrested for allegedly generating fake invoices of around Rs 10 crore to fraudulently claim input tax credit of Rs 1.8 crore, police said on Saturday.
Accused Abhinav Tyagi, originally from Moradabad and currently residing in the Bisrakh area of Greater Noida, was nabbed by the Cyber Police, officials said. He a

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Workshop for BJP MPs from Sunday, PM likely to be felicitated for GST reforms
GST
Dated:- 6-9-2025
PTI
New Delhi, Sep 6 (PTI) A two-day “karyashala” (workshop) of BJP MPs will begin on Sunday at the Parliament complex where Prime Minister Narendra Modi is likely to be felicitated for the GST reforms.
While the workshop was planned several days ago, sources said Modi may now participate as well.
A source said the prime minister is likely to be felicitated by the MPs for the announce

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Workshop for BJP MPs from Sunday, PM likely to be felicitated for GST reforms
GST
Dated:- 6-9-2025
PTI
New Delhi, Sep 6 (PTI) A two-day “karyashala” (workshop) of BJP MPs will begin on Sunday at the Parliament complex where Prime Minister Narendra Modi is likely to be felicitated for the GST reforms.
While the workshop was planned several days ago, sources said Modi may now participate as well.
A source said the prime minister is likely to be felicitated by the MPs for the announce

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GST reforms to bring big relief to people who suffered huge tax burden under Cong: BJP
GST
Dated:- 6-9-2025
PTI
New Delhi, Sep 6 (PTI) The GST rate cuts will not only benefit the common people but also boost India's economy, Union Minister Ashwini Vaishnaw asserted on Saturday and hit out at the Congress, alleging “heavy tax burden” during its rule.
He also asserted that the government is keeping a “close watch” to ensure that the benefits of the GST rationalisation are passed on to the common people.
The GST Council's decision to bring all products, except those under the sin and luxury goods category, under 5 per cent and 18 per cent slabs, while reducing it to zero on a host of essential items, will come into effect from

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d earlier reflected Prime Minister Narendra Modi's commitment to the welfare of common people, including middle-class families, in the country.
Asked if the GST reforms are aimed at mitigating the impacts of the US tariffs on Indian goods, the minister said, “This has been done with the feeling that a very good transformational change should come in the lives of common people.” “No external factor has any role in this,” he asserted.
The BJP leader said the government was working on the GST reforms for about one and a half years, with the prime minister continuously following up exercise and giving “guidance” at every step.
“This is a very important decision taken by Prime Minister Modi. He had given a new confidence to the country f

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ies have a good relationship between them,” he said.
The prime minister has given a “new shape” to India's foreign policy, keeping in mind national interest and the interest of the people of the country, Vaishnaw said.
On Congress leader Jairam Ramesh asking the government to ensure that the rate cuts do not benefit only a “favoured few” after it “virtually” abolished the National Anti-profiteering Authority earlier this year, Vaishnaw hit back, “The Congress should talk about its term.” The Modi government does not work on “dhul-mul” (irresolute) policies as the Congress did during its term, he said.
“You all know about the prime minister's style of working. The prime minister has taken clear decisions and also implemented them. Yo

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GST overhaul a people's reform, touches every family: Sitharaman
GST
Dated:- 6-9-2025
PTI
New Delhi, Sep 6 (PTI) Calling the landmark GST overhaul a 'people's reform', Finance Minister Nirmala Sitharaman on Saturday said that rationalisation of rates for a wide swath of products will benefit every family, boost consumption, and bolster the economy.
In an interview to PTI, the Finance Minister said she will personally monitor passing on of goods and services tax (GST) rate cuts in the form of price reduction but hastened to add that industry has shown positivity towards such cuts.
Within days of the decision, from car makers to public sector insurance companies and shoe and apparel brands have already announced significant pr

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5 per cent for common use goods and 18 per cent for everything else. The existing slab of 12 and 28 per cent rates have 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 rollout of the one-nation, one tax regime – has been carried out with a focus on the common man. Every tax on daily use items has gone through a rigorous review and in most cases the rates have come down drastically.
While the significant relief in income tax that she gave in her Budget in February this year left more money in the hands of common people, the GST rejig will allo

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id.
Asked about monitoring mechanism for ensuring passing on of GST rate cut benefit, Sitharaman said the ministry has been talking with industry and trade.
“They've all come out openly to say we will pass this on. So, I can see the positivity from industry and trade… I'm very confident they will pass it on,” she said.
“I have said from September 22 my main focus in my job would be to watch out and see if it is getting passed on and where it is not getting passed on, I will engage with industry and say that they have to.” On inflation, she said, it is already well under control and this cut in the GST will actually bring people out to consume more. “There is no doubt about it.” The Finance Minister highlighted that the reforms g

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Sitharaman writes to state FMs, thanks them for role in GST overhaul
GST
Dated:- 6-9-2025
PTI
New Delhi, Sep 6 (PTI) In a gesture underscoring the spirit of cooperative federalism, Union Finance Minister Nirmala Sitharaman has written to finance ministers of all states, expressing gratitude for their support and active role in helping implement the landmark overhaul of the goods and services tax (GST) regime.
In an interview with PTI, Sitharaman said states made their view on the proposal to rejig tax rates but ultimately agreed that it was for the benefit of the common man, an argument that helped reach a unanimous decision at the GST Council meeting earlier this week.
The overhaul, which will from September 22 see rates of

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s: 5 per cent for common use goods and 18 per cent for everything else, and doing away with 12 and 28 per cent slabs, the GST Council took a unanimous decision for the GST rejig.
The panel was to meet for two days starting September 3 to discuss the proposal made by the Centre but ended up approving it on the very first day after a marathon daylong meeting.
“So the sense of the house was, this is a proposal which is going to undoubtedly benefit the common man. There is no point in standing against it… Ultimately everybody came together for a good cause, and I'm truly very grateful,” Sitharaman said.
The minister said states were always in favour of rate reduction and their only concern was with regard to their revenue implications p

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Will National Anti-profiteering Authority now have fresh lease of life, asks Cong
GST
Dated:- 6-9-2025
PTI
New Delhi, Sep 6 (PTI) The Congress on Saturday asked whether the National Anti-profiteering Authority established to monitor whether GST rate cuts are passed on to the consumer gets a fresh lease of life to ensure that only a “favoured few” are not benefitted.
Congress general secretary communications Jairam Ramesh said the National Anti-profiteering Authority (NAA) was establ

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GST reforms bring big relief to people who suffered huge tax burden under Cong: BJP
GST
Dated:- 6-9-2025
PTI
New Delhi, Sep 5 (PTI) The GST rate cuts will not only benefit the common people but also boost India's economy, Union minister Ashwini Vaishnaw asserted on Saturday and hit out at the Congress, alleging “heavy burden” of tax during its term at the Centre.
The GST Council's decision to bring all products, except those under the sin and luxury goods category, under 5 per cent and 18 per cent slabs, while reducing it to zero on a host of essential items, will come into effect from September 22, the first day of Navratri.
Addressing a press conference at the BJP headquarters here, Vaishnaw said, “The coming 22nd, the fir

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GST reforms historic, every section of society will benefit: Haryana CM
GST
Dated:- 6-9-2025
PTI
Chandigarh, Sep 6 (PTI) Haryana Chief Minister Nayab Singh Saini on Saturday hailed GST reforms as a historic measure that will benefit every section of society, and said it is the Prime Minister's commitment to empower the poor, farmers, and common sections.
Hailing slashing of goods and services tax (GST) tax rates on common use items, he said “middle class, poor and common people will benefit. This will not only lower inflation, but strengthen the poor”.
Addressing a news conference here, Saini said the wide-ranging reforms approved by the GST Council will prove to be a milestone towards “Atmanirbhar Bharat”.
Saini said it i

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alisation of the GST regime, Saini hit back, saying they are left with no issues.
“Have Congress and other members of the INDI Alliance praised even one decision taken by the Prime Minister in the past decade?” Saini asked.
Slamming the Congress, he said, “These days they have come up with 'vote theft' charge. Earlier, they blamed EVMs, then they said the constitution and democracy is in danger.
“Neither the constitution, nor democracy is in danger, but it is the Congress which is in danger, it is getting wiped out. It has no issues left. They have lost ground,” Saini said.
People in Haryana including farmers, poor and common people will stand to benefit by nearly Rs 4,000 crore from the GST cuts, the chief minister said.
The rate

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and more transparent, eliminated trade barriers between states, and realised the vision of 'One India- One Tax- One Market'.
What the Prime Minister says, he fulfils that, Saini said.
Saini said the Haryana government extended its full support to all decisions by the GST Council.
The panel approved simplifying the GST from the current four slabs 5, 12, 18 and 28 per cent to a two-rate structure 5 and 18 per cent. A special 40 per cent slab is also proposed for a select few items such as high-end cars, tobacco and cigarettes.
Chief Minister Saini, who also holds the finance portfolio, had attended the 56th meeting of the GST Council in New Delhi, which was chaired by Union Finance Minister Nirmala Sitharaman who is the GST Counci

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X post on proposed drop in GST rates for 'bidis': KPCC chief admits 'mistake'
GST
Dated:- 6-9-2025
PTI
Thiruvanthapuram, Sep 6 (PTI) The KPCC president, Sunny Joseph, on Saturday admitted that there was a “mistake” and “lack of caution” while posting the “bidis and Bihar” jibe on the social media handle of the party's state unit, a day after it was deleted following a political backlash.
Joseph said the 'X' post was deleted and an apology was tendered by the social media team as directed by the state leadership.
Kerala state unit of the Congress in a recent post on X, allegedly drew parallels between Bihar and Bidi (a tobacco product) in the wake of the recent GST reforms, and triggered sharp reactions from the BJP.
The now d

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Amusement parks urge GST Council to cut entry ticket rate from 18% to 5% to boost affordability and jobs
News
GST
The amusement park industry seeks revision of the current 18% GST on entry tickets to 5%, arguing the rate disproportionately burdens middle and lower middle-income visitors, restricts affordability, and undermines anticipated benefits from a newly adopted two-rate GST structure. The industry contends a reduced rate would align with recent GST cuts for budget hotel rooms, stimulate domestic tourism, increase park attendance, generate employment, and enable reinvestment in safety and infrastructure. The sector formally urges the GST Council to reconsider classification and rate treatment to advance consumer affordability and broader economic and social objectives.
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Amusement parks urge GST Council to cut entry ticket rate from 18% to 5% to boost affordability and jobs
News
GST
The amusement park industry seeks revision of the current 18% GST on entry tickets to 5%, arguing the rate disproportionately burdens middle and lower middle-income visitors, restricts affordability, and undermines anticipated benefits from a newly adopted two-rate GST structure. The industry contends a reduced rate would align with recent GST cuts for budget hotel rooms, stimulate domestic tourism, increase park attendance, generate employment, and enable reinvestment in safety and infrastructure. The sector formally urges the GST Council to reconsider classification and rate treatment to advance consumer affordability and broader economic and social objectives.
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Tax department orders strict multi-level review process before filing appeals or revisions against orders that prejudice revenue
Circulars
GST – States
State tax department directs strict procedures for assessing whether to file appeals or revisions against appellate tribunal orders that prejudice revenue, requiring assessing and intelligence officers to scrutinize orders for erroneous decisions or unresolved questions of law, prepare fact-based, reasoned remarks, obtain in-house legal views where needed, and submit those remarks to supervisory Joint Commissioners for second-level evaluation before transmission to the Joint Commissioner (Law). Remarks must include a concise order summary, legal evaluation emphasizing error or question of law, and a reasoned recommendation on appeal; approved revisions will be monitored through the court process. These instructions take immediate effect.
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Bail refused to accused in alleged Rs.29.81 crore CGST fraud involving forged suppliers and misuse of identity (Section 132(1)(b),(c),(i))
Case-Laws
GST
The DSC refused bail to Accused A in a prosecution under Sections 132(1)(b), (c) and (i) of the CGST Act, 2017, arising from an alleged large-scale fraudulent generation, claim and transmission of Input Tax Credit and refund claims approximating Rs.29.81 crore through nongenuine supplier firms. The court found material indicating fabrication of firms, misuse of identity documents, filing of a refund application on behalf of Firm X without authorization, abscondence to the USA, recurrent change of residence and alteration of personal identifiers, and earlier proclamation as a fugitive, collectively demonstrating strong grounds to believe culpability and high flight risk. In view of the gravity of the economic offence and governing precedents, bail was denied.
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Petition dismissed; arbitral awards enforcing contractual statutory variation clause upheld; Section 34 challenges rejected, GST differential recoverable
Case-Laws
GST
The HC dismissed the petition and upheld the impugned arbitral awards rendered in favour of the respondent, enforcing the statutory variation clause in the contract. The Arbitrator found that similarly situated contractors had mistakenly invoiced GST at 5% instead of the applicable 12% and were entitled to the 7% differential; those awards were challenged by the petitioner but the HC, by a common order, dismissed the Section 34 challenges and held the awards free from patent illegality and not contrary to public policy. Accordingly, the arbitral awards stand enforced and the petitioner's challenge is dismissed, entitling the respondents to recovery of the differential GST as adjudicated.
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Challenge to GST registration cancellation dismissed as Will, succession and business entitlement are sub judice for civil courts
Case-Laws
GST
The HC dismissed the challenge to the GST registration cancellation decision and disposed of the writ petitions, holding that contested issues concerning the genuineness and validity of the Will dated 11.10.2019, lawful succession and entitlement to the business are sub judice and have not been conclusively determined. The court declined to adjudicate substantive disputes over the Will or succession, finding such matters fall within the exclusive competence of the civil courts and are inappropriate for determination by tax/GST authorities. No declaration was made that the Will is forged or valid, and parties must seek resolution of succession and title to the business in the civil forum.
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Universities' statutory, regulatory functions are not “supply” under Section 7; fees not “consideration”; education services exempt
Case-Laws
GST
The HC held that the petitioners (universities) perform statutory and regulatory functions which are not commercial activities and therefore do not constitute a “supply” in the course or furtherance of business under Section 7. Fees charged (affiliation, PG registration, admission, convocation and similar receipts) do not qualify as “consideration” and ancillary activities incidental to education are not taxable. Entry No.66 of Notification No.12/2017-CT(R) covers the universities' services, and the impugned CBIC circulars are contrary to the statutory exemption and invalid. Consequently, the impugned show cause notice dated 10.10.2023 is quashed and the petitions are allowed.
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Quashing denial of time-bar of input tax credit under Section 16(4) due to defective GST portal service under Section 169
Case-Laws
GST
HC quashed the impugned assessment order dated 17.08.2024 insofar as it denied the petitioner's claim for input tax credit under Section 16(4) of the CGST Act as time-barred, holding the order was passed without affording an effective opportunity of personal hearing. The court found mere upload of a show-cause notice on the GST portal, without exploring alternative modes of service under Section 169 where no response was received, amounted to defective service and a breach of natural justice. The HC disposed of the petition, setting aside the impugned order to the extent indicated and warning against sustaining ex parte assessments founded on empty formalities.
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Article 226: GST registration restored after cancellation due to curable procedural non-compliance, equitable relief granted
Case-Laws
GST
The HC, exercising jurisdiction under Article 226, entertained the writ petition despite expiry of the statutory appeal period and grace period, holding that the impugned cancellation of the Petitioner's GST registration resulted from curable procedural non-compliance and that substantive rights should not be defeated by formal irregularities; the Court observed that alternative remedies are not an absolute bar to constitutional relief and that equitable considerations favor restoration to enable revenue realization. The impugned cancellation order is set aside and quashed, the writ petition is allowed, and the Petitioner's GST registration is to be restored so it may resume business.
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