Author: admin_gst

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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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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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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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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Theaterisation will come, just have to see how long it will take: Army Chief
GST
Dated:- 6-9-2025
PTI
New Delhi, Sep 5 (PTI) Army Chief General Upendra Dwivedi on Friday asserted that theaterisation or the integration of Army, Air Force and Navy capabilities will take definitely take place and the question is only about how long it would take to materialise.
If one has to deal with multiple agencies, “theaterisation is the answer”, he said.
Dwivedi made the remarks while interacting with media after launching a book titled 'Operation Sindoor: The Untold Story of India's Deep Strikes Inside Pakistan' at Manekshaw Centre here.
He was asked about his stand on theaterisation, after divergent views emerged recently on the move p

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ncies, theaterisation is the answer. Because unity of command is more important. You need one commander to achieve coordination in execution. Theaterisation is absolutely necessary,” he asserted.
The Army chief's remarks comes nearly two weeks after chiefs of other two forces expressed their views on theaterisation.
At a two-day tri-services seminar 'Ran Samwad' held at the Army War College in Mhow last month, Indian Air Force chief Air Chief Marshal A P Singh and Navy chief Admiral Dinesh K Tripathi spoke on theaterisation, making it clear that the two forces have divergent views on the plan.
The Chief of Air Staff had said that armed forces should not come under any pressure to roll out theatre commands.
At the concluding session, Chi

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efit all the three segments.
GST rates on heavy equipment has been reduced from 18 per cent to 5 per cent, which he said will “facilitate us in our modernisation and upgradation work”.
On the rate cut on Unarmed Aerial Vehicles (UAV), he said it would give a major push. “In future wars, drones, UAVs, and counter UAVs will have a big role. So keeping that in mind, it is a good news for us,” he said.
He was also asked about the situation along the Line of Control (LoC) in the wake of Operation Sindoor. “We will have to see the impact from a long-term perspective,” the Army chief said.
“Has state-sponsored terrorism stopped today? I don't think so. Why? Because infiltration attempts are still being made at the LoC. How many terrorists we h

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Assam Cong questions GST theft accusedÂ’s bail, advocate generalÂ’s role
GST
Dated:- 5-9-2025
PTI
Guwahati, Sep 5 (PTI) The Assam Congress on Friday questioned the bail granted by Gauhati High Court to a person accused in a multi-crore Goods and Services Tax (GST) evasion case and alleged that it reflects a 'deep-rooted rot' in the BJP-led government's handling of justice in the state.
The opposition party also raised objection to state advocate general Devajit Saikia appearing for the accused, and demanded a CBI inquiry into the bail order, the role of the counsel and the broader “political nexus shielding the syndicate”.
Gaurav Agarwal – 2025 (9) TMI 392 – GAUHATI HIGH COURT, an accused in a multi-crore rupees Goods and Servi

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usations are under the CGST Act, 2017, and the prosecution agency is the Union government through the DGGI.
He maintained that since the state government is not the prosecuting agency nor was the alleged offence committed under a state Act, there would be no bar in Saikia appearing for Agarwal, while also noting that the advocate general has obtained consent from the state government for his appearance in the case.
Accepting Saikia's arguments, the court granted Agarwal a bail bond of Rs 1 lakh with a suitable surety of like amount, subject to satisfaction of the chief judicial magistrate (Kamrup-Metro), as per certain specified conditions.
Terming it a “controversial bail order”, the state Congress claimed that it “exposes the deep-root

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HIGHLIGHTS
GST
Dated:- 5-9-2025
PTI
New Delhi, Sep 5 (PTI) Following are the top stories at 9.05 pm: TOP STORIES DEL59 MEA-LD INDOUS-TRUMP India declines to comment on Trump's latest remarks; but firmly rejects Navarro's criticism New Delhi: India on Friday declined to respond to US President Donald Trump's remarks that New Delhi is inching closer to China even as it rejected as “inaccurate and misleading” White House Trade advisor Peter Navarro's attack on it for procurement of Russian crude oil.
FGN57 US-LUTNICK-INDIA
India will be at negotiating table 'in a month or two': Lutnick New York/Washington: Terming India as the ‘vowel’ between Russia and China in the BRICS grouping, US Commerce Secretary Howard Lutnick on Friday said New Delhi will be at the negotiating table and will try to make a deal with President Donald Trump in a couple of months. By Yoshita Singh
BOM31 MH-BOMB THREAT-LD POLICE Police on alert as threat message on WhatsApp claims 14 'terr

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Goyal said on Friday, stating that the industry has given him assurance that the entire fall in taxes on various items will be reflected in their prices.
BOM30 MH-AJIT PAWAR-IPS-BAWANKULE Bawankule defends Ajit Pawar over IPS officer row; says he can never exert pressure for illegal work Mumbai: Maharashtra Revenue Minister Chandrashekhar Bawankule on Friday came out in defence of Deputy Chief Minister Ajit Pawar, who is facing flak over a viral video that showed him rebuking a woman IPS officer and asking her to stop action against illegal soil excavation.
BOM23 MH-SHILPA SHETTY-LD POLICE Lookout circular issued against actor Shilpa Shetty, husband Raj Kundra in Rs 60 crore cheating case Mumbai: The Mumbai police have issued a Lookout Circular (LOC) against Bollywood actor Shilpa Shetty and her businessman husband Raj Kundra in connection with a Rs 60 crore cheating case, officials said on Friday.
CAL22 BH-BIDIS-ROW X post on proposed drop in GST rates for 'bidis' triggers

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by the state police through a Special Investigating Team (SIT).
LEGAL LGD8 CJI-JUDICIARY Judiciary serves as bridge between people and Constitution: CJI B R Gavai New Delhi: Chief Justice of India B R Gavai on Friday said judiciary served as a bridge between the aspirations of the people and the ideals enshrined in the Constitution.
BUSINESS DEL56 BIZ-2NDLD-VEDANTA-JAIPRAKASH Vedanta beats Adani Group with Rs 17,000 cr bid to acquire JAL New Delhi: Mining conglomerate Vedanta on Friday beat Gautam Adani's Group to make a winning bid for the acquisition of debt-ridden Jaiprakash Associates (JAL) for Rs 17,000 crore, according to sources.
DEL43 BIZ-RESULTS-SPICEJET SpiceJet flies into red; posts Rs 238 cr loss in Jun quarter mainly on higher costs New Delhi: Flying into the red, SpiceJet on Friday reported a net loss of Rs 238 crore for the three months ended June, saying expenses related to grounded aircraft and subdued leisure travel demand impacted the financials.
DEL4

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CM Siddaramaiah backs GST rate rationalisation; urges Centre to release compensation cess to states
GST
Dated:- 5-9-2025
PTI
Bengaluru, Sep 5 (PTI) Karnataka Chief Minister Siddaramaiah on Friday welcomed the GST CouncilÂ’s decision to rationalise GST rates and said the state could lose Rs 15,000-20,000 crore in revenue due to the move. He urged the Centre to devolve the compensation cess, still being collected on certain sin goods, back to the states.
He also stressed that the union government and the Central Board of Indirect Taxes and Customs (CBIC) must ensure that the benefits of GST rationalisation reach consumers.
“We welcome the decision of the GST Council to rationalise GST rates, an important step to reduce both the m

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share the remaining two-thirds, meaning a three-fourths majority is required for any reform.
“This means that even if all states agree, a stubborn central government can block reforms. That is exactly what ModiÂ’s government did. TodayÂ’s course correction proves that our stand was right all along. The people of India could have been spared years of hardship had the union government listened earlier,” he claimed.
Siddaramaiah reiterated that the reduction in rates must lower prices for consumers, not increase profit margins for large corporates.
“If the benefits fail to reach the common man, the blame will rest squarely on the union government,” he said.
Highlighting that Karnataka alone could lose Rs 15,000-20,000 crore in revenue due

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X post on proposed drop in GST rates for 'bidis' triggers row in Bihar between BJP and Cong
GST
Dated:- 5-9-2025
PTI
Patna, Sep 5 (PTI) The BJP and Congress locked horns in Bihar on Friday over a social media post by the opposition party, which allegedly made disparaging remarks about the state while criticising the reduction in GST rates for “bidis”.
Leaders like Union Minister Nityanand Rai and Bihar Deputy Chief Minister Samrat Choudhary, both former state BJP presidents, came out with strongly worded statements against the X post of Kerala unit of the Congress, which has since been deleted.
In the post, a chart depicting a hike in proposed GST for cigars, cigarettes and tobacco, from the existing 28 per cent to 40 per cent

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parties a lesson at appropriate time”, said Rai, in an apparent reference to the upcoming assembly polls.
State Congress president Rajesh Kumar responded to the BJP's tirade saying “The post has been deleted in order to honour public sentiment. But, the ruling BJP-led NDA is distorting facts. B for Bihar was written to underscore that the GST rates have been amended with an eye on assembly polls”.
“Bidis are called sin goods as smoking these has an adverse impact on health. But the GST rate rationalisation, in which both Union Finance Minister Nirmala Sitharaman and Samrat Choudhary, who holds the portfolio in the state, would promote smoking”, said the BPCC president.
He added, “On the other hand, long-standing demand to bring petrol an

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Amusement Park Industry Appeals for GST Relief to Support Middle-Class Recreation and Job Creation:
GST
Dated:- 5-9-2025
PTI
Mumbai, 5th September 2025; In light of the evolving global economic scenario, the recently announced two-rate GST structure is a progressive move. This framework has the potential to provide additional disposable income to the middle and lower middle classes, allowing families to explore recreational avenues after meeting essential household expenses. We are optimistic that this will lead to increased footfall at amusement parks across the country.
Amusement parks play a vital role as part of the nation’s social infrastructure —offering families safe, accessible spaces for bonding and mental well-being,

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ecreational experiences more affordable for the average Indian family.
Unfortunately, the amusement industry has been overlooked in this round of revisions. While we may have “missed the bus” this time, we remain hopeful that our longstanding demand for 5% GST On park entry will be recognized in the near future.
We respectfully urge the GST Council to re-evaluate our appeal with foresight , acknowledging the potential of the amusement park sector to: * Support job creation * Strengthen the broader tourism ecosystem * Deliver affordable, wholesome entertainment to millions of citizens We believe that a reduced GST rate will not only ease the financial burden on consumers but will also empower the industry to invest in better infrastructu

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Cess 'slitting throat of federalism': Derek O'Brien
GST
Dated:- 5-9-2025
PTI
New Delhi, Sep 5 (PTI) Trinamool Congress Rajya Sabha leader Derek O'Brien on Friday said the cess going to the Centre is “slitting the throat of federalism”, and noted that several states have voiced concern over the shrinking divisive pool of tax revenues.
In a blogpost, the TMC Rajya Sabha Leader said, “In all the hoopla about GST, the four-letter word which is slitting the throat of federalism is CESS”.
“Funds collected as cess go 100 percent to the Union government. Not a rupee is shared with the State governments,” he said.
O'Brien said in 2012, cess formed 7 per cent of the Union government's total tax revenues, while in 2025, cess is estim

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(over Rs 2 lakh crore).
Cess is imposed as an additional tax besides the existing tax and the proceeds may or may not be shared with the states.
A divisible pool is a portion of Gross Tax Revenue distributed between states and Centre. It comprises all taxes except surcharges and cess levied for specific purpose.
O'Brien also quoted former West Bengal Finance Minister Amit Mitra, and said GST rationalisation is a good step, provided the common people get the benefit, also pointing out that an anti-profiteering committee that ensured the lower GST would be passed on to the consumers, has been discontinued.
“Second, there also remains the question of how states will be compensated. Eleven ministers in the GST Council had asked for compe

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GST reforms will cause Rs 3,700 crore revenue loss to govt: SBI report
GST
Dated:- 5-9-2025
PTI
Kolkata, Sep 5 (PTI) The State Bank of India (SBI) in its latest research report said that reforms in GST through reduction in rates will cause a minimal revenue loss of Rs 3,700 crore.
The government estimates the net fiscal impact of GST rates rationalisation will be Rs 48,000 crore on an annualised basis.
According to the report, given the growth and consumption boost, the minimal revenue loss is estimated at Rs 3,700 crore and will have no impact on the fiscal deficit.
At the 56th meeting of GST Council held few days ago, the current four-tier structure has been replaced with a two-tier one, with a standard rate of 18 per cent

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Stock markets rally in early trade; Sensex climbs over 300 points
GST
Dated:- 5-9-2025
PTI
Mumbai, Sep 5 (PTI) Benchmark equity indices Sensex and Nifty rallied in early trade on Friday, buoyed by GST rate cuts announcement and a positive trend in global markets.
The 30-share BSE Sensex climbed 318.55 points to 81,036.56 in early trade. The 50-share NSE Nifty rallied 98.05 points to 24,832.35.
From the Sensex firms, Mahindra & Mahindra, Trent, Tata Motors, Asian Paints, Power Grid, and Reliance Industries were among the gainers.
ITC, Hindustan Unilever, NTPC, and Sun Pharma were among the laggards.
Common use items from roti/paratha to hair oil, ice creams and TVs will cost less, while tax incidence on personal health an

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Re-imposed demands abandoned earlier cannot be revived without fresh adjudication; only remitted issues may face appellate remedy
Case-Laws
GST
The HC set aside the re-imposition of previously dropped demands relating to sub-contracting services and mobilisation advances, holding that those demands had been abandoned in earlier orders and were not before the appellate tribunal on remand; consequently they could not be resurrected without fresh adjudication or express direction. The court found a prima facie entitlement for the Petitioner to challenge only the matters remitted to the CESTAT and therefore permitted the Petitioner to pursue its appellate remedy before CESTAT subject to the conditions imposed by the HC. The petition is disposed, with adjudication on liability to be determined by CESTAT in accordance with the court's observations.
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Matter remitted for de novo adjudication; appellants to file additional reply, get personal hearing, 75% disputed tax held as deposit
Case-Laws
GST
The HC set aside the orders of the appellate and adjudicating authorities and disposed of the statutory appeal and accompanying writ, remitting the matter to the Assistant Commissioner, N.S. Road, Burrabazar, West Bengal for de novo adjudication. The appellants are directed to file an additional reply with supporting documents within three weeks of service; upon receipt the authority must afford a personal hearing to the appellants' authorised representative, conduct fresh proceedings and pass merit-based orders within six weeks of conclusion of the hearing, considering the effect of the December 11, 2023 discontinuance and any other grounds. Seventy-five percent of the disputed tax already recovered shall be treated as a deposit pending final determination.
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Writ dismissed as premature; liberty to file appeal under Govt Circular Paras 4-5, pre-deposit under Section 112(8) required
Case-Laws
GST
The HC dismissed the writ petition as premature and granted the petitioner liberty to file an appeal before the Appellate Tribunal in accordance with Paragraphs 4 and 5 of the Government Circular dated 11.07.2024; the petitioner is directed to furnish the prescribed pre-deposit under Section 112(8) of the CGST Act and the requisite undertaking/affidavit within two weeks. Upon such compliance and on filing the undertaking that an appeal will be prosecuted when the Appellate Tribunal is constituted, recovery of the balance confirmed demand shall remain stayed under Section 112(9) of the CGST Act. The respondents raised no objection to this route and the petition is disposed of accordingly.
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Writ dismissed; GST registration to be restored if petitioner files outstanding returns and pays taxes, penalties, interest in seven days
Case-Laws
GST
The HC dismissed the writ petition without adjudicating merits and directed restoration of the petitioner's GST registration subject to strict conditions. The petitioner must file outstanding returns and deposit taxes, penalties and interest within seven days; upon completion of requisite formalities the Competent Authority shall immediately restore the GST number. The order follows the prior technical dismissal on limitation but, without expressing any view on substantive liability, permits restoration on the petitioner's undertaking to comply with statutory obligations. Failure to comply within the stipulated seven-day period will render this directive inoperative. The writ petition is disposed of accordingly.
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Retrospective GST registration cancellation set aside; authority must allow reply and reconsideration, petitioner permitted to respond by 15 October 2025
Case-Laws
GST
The HC set aside the impugned order of retrospective cancellation of the petitioner's GST registration, finding that retrospective cancellation is unsustainable where the show-cause notice did not contemplate retrospective effect and principles of natural justice were infringed by the petitioner's failure to file a reply and to avail personal hearing. The court reiterated its established view that retrospective withdrawal of registration cannot be upheld absent explicit notice. The matter is remitted for reconsideration: the petitioner is permitted to file a reply to the SCN by 15 October 2025, after which the authority shall proceed in accordance with law. Petition allowed and impugned order dated 22 November 2024 set aside.
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Petition allowed, impugned orders quashed and deposit refunded; no mens rea or tax evasion; section 129(3) proceedings unsustainable
Case-Laws
GST
The HC allowed the petition and quashed the impugned orders, directing refund of the amount deposited by the petitioner. The court held that interception and seizure of electronic goods on account of a mismatch between the vehicle number in transport documents and the actual conveyance, coupled with non-updation of the e-way bill by the transporter, did not establish mens rea or tax evasion by the petitioner. Physical verification revealed concordant tax-invoice entries and serial numbers with the seized items, and the petitioner had notified the change of vehicle in its reply. In absence of discrepancy in goods or serial numbers, proceedings under section 129(3) could not be sustained against the petitioner.
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GST reforms to boost swadeshi, self-reliance: UP CM Adityanath
GST
Dated:- 5-9-2025
PTI
Gorakhpur/Lucknow, Sep 4 (PTI) Uttar Pradesh Chief Minister Yogi Adityanath on Thursday hailed the Centre's Goods and Services Tax (GST) reforms as a “next-generation tax revolution”, while Samajwadi Party (SP) president Akhilesh Yadav called those a “betrayal of the public”.
Adityanath thanked Prime Minister Narendra Modi and Finance Minister Nirmala Sitharaman for the GST rate cut, saying the two-slab structure of 5 per cent and 18 per cent would ease household expenses, strengthen purchasing power and accelerate India's journey towards self-reliance.
Essential items like food, medicines and educational material will attract 0 to 5 per ce

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s, boost disposable income and strengthen the economy in the coming quarters.
However, the SP chief slammed the ruling Bharatiya Janata Party (BJP), accusing it of “looting” citizens for 10 years through a “flawed GST regime” that has fuelled inflation and unemployment.
“The poor, farmers and middle class have been crushed, while the government has overtaxed people and betrayed their trust,” Yadav said, addressing party workers in Lucknow.
Earlier in the day, Adityanath asserted that the GST reforms would give fresh momentum to agriculture, MSMEs, startups, women entrepreneurs and youngsters.
Faster refunds, simpler compliance and easier registration will ease business operations, while greater transparency in tax administration will st

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GST reforms to strengthen India's clean-energy transition: Environment minister
GST
Dated:- 4-9-2025
PTI
New Delhi, Sep 4 (PTI) Union Environment Minister Bhupender Yadav on Thursday described the government's overhaul of the Goods and Services Tax (GST) as a “historic Diwali gift” that will strengthen India's clean-energy transition.
In a post on X, Yadav said, “The GST rationalisation ensures that renewable energy remains the backbone of India's climate strategy.” In another post

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