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GST refund rejection without deficiency memo was invalid; fresh consideration ordered under prescribed refund procedure.
Case-Laws
GST
An ex parte rejection of a GST refund claim without a deficiency memo and without affording a hearing was procedurally invalid, so the refund application had to be reconsidered in the manner prescribed by the rules. The Court noted that a subsequent refund application had been filed, a deficiency memo had been issued on that application, and it was required to be taken to its logical conclusion rather than denied on a pedantic view. The designated officer was directed to decide the refund application and related applications afresh under Rules 90 and 92, uninfluenced by the earlier rejection order or the appellate dismissal on limitation, with merits left open.
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Section 129 timelines are directory, not mandatory; delayed detention proceedings survive, while goods may be released on penalty deposit.
Case-Laws
GST
Section 129(3) was held to be directory as to the seven-day timelines for issuing notice and passing the penalty order, because the statute uses procedural deadlines to secure expedition but does not make delay fatal to jurisdiction or validity. The Court rejected the view that non-compliance automatically renders detention proceedings time-barred, and found no basis to interfere on limitation where the notice was issued within seven days and the penalty order followed on the eighth day, amounting to substantial compliance. The petitioner, being a registered dealer when the transaction began, was treated as the bona fide owner and was entitled to release of the detained goods and vehicle on deposit, under protest, of an amount equal to the penalty, with liberty to challenge the penalty order separately.
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Opposition in Maharashtra slams PM’s address to nation, calls it full of ‘false claims’
GST
Dated:- 19-4-2026
PTI
Mumbai, Apr 18 (PTI) The Opposition in Maharashtra on Saturday criticised Prime Minister Narendra Modi’s address to the nation, alleging that it was filled with “false claims” and that he made no mention of delinking delimitation from women’s reservation.

Congress leaders Harshvardhan Sapkal and Nana Patole, NCP (SP) MLA Rohit Pawar, and Shiv Sena (UBT) leader Priyanka Chaturvedi said the speech focused on attacking rivals.

Sapkal, who is the Maharashtra Congress president, claimed that it was filled with “propaganda” and “false claims” targeting the Congress.

In a statement, Sapkal said that instead of addressing key national issues, the PM devoted a significant portion of his speech to attacking the Congress.

Sapkal claimed that Modi mentioned Congress “58 times during his 30-minute address”, delivered a day after a bill t

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s.

He demanded that the PM apologise to women, accusing the BJP-led government of “misleading” them on reservation.

His colleague Nana Patole claimed that the reactions on social media during the PM’s address to the nation indicated widespread public dissatisfaction. “A majority of people” were critical of the prime minister, he claimed.

Referring to the issue of the women’s quota bill, Patole questioned the government’s handling of the matter, saying it had contributed to public anger. He claimed the PM looked “angry” during his address.

NCP (SP) general secretary and MLA Rohit Pawar said no one in the world is as skilled as the BJP at turning their defeats into political advantage.

“Today’s speech, which is miles away from the truth, looks like nothing but an attempt to cash in on yesterday’s defeat — trying to figure out whether they can still win power in the upcoming elections in Tamil Nadu, Uttar Pradesh, and West Bengal,” he alleged.

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eply disappointing to hear the PM make no assurance to the women of this country of delinking the 2023 Act from Census and Delimitation so as to make it implementable as passed by all parties in 2029 itself,” she said in a post on X.

Chaturvedi on Friday diverged from her party’s stand and rued the defeat of the Women's Reservation Bill in the Lok Sabha, calling it a sad day for women who hoped to find themselves in Parliament or assemblies.

Modi on Saturday said opposition parties had “mercilessly crushed” the dreams of women by not allowing the women’s reservation bill to pass in Parliament despite the government’s best efforts.

In his address to the nation, a day after a bill to implement women’s reservation in legislatures was defeated in the Lok Sabha, Modi said the self-serving politics of parties like the Congress, the DMK, the TMC, and the Samajwadi Party had come at the expense of the nation's women.

He said the opposition parties had foiled efforts to

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CGST Delhi South Commissionerate unearths fraudulent availment of Input Tax Credit (ITC) of over Rs. 8 crore; director of company arrested
GST
Dated:- 18-4-2026

Continuing its enforcement drive against Input Tax Credit (ITC) frauds, the Anti-Evasion Branch of the Central Goods & Services Tax (CGST), Delhi South Commissionerate, has arrested a director of a company dealing in assorted items for fraudulent availment/utilisation of Input Tax Credit (ITC) of more than Rs. 8 crore in violation of Section 16 of the CGST Act, 2017.

Intelligence was developed through data-analytics that the taxpayer was involved in fraudulent availment/utilisation of ineligible ITC without underlying supply from the suppliers which were either suspe

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GST transit detention upheld where false e-way bill declaration and defective delivery challan justified penalty.
Case-Laws
GST
State GST officers in West Bengal were competent to intercept and detain goods in transit under the IGST Act, because section 4 operates as a deeming provision and no contrary notification was shown. The claim that West Bengal was only a transport corridor failed, as interception occurred within the State and the accompanying documents did not conclusively establish lawful transit. The Court also held that declaring a registered dealer as an unregistered person in the e-way bill, together with a delivery challan signed by an unauthorised person and not meeting Rules 55 and 138, amounted to actionable contraventions. Detention and penalty under section 129 were therefore sustained.
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Natural justice in ITC mismatch disputes requires consideration of reconciliation material before disallowance can be sustained.
Case-Laws
GST
An adjudication order alleging ineligible input tax credit on account of a mismatch between GSTR-3B and GSTR-2A could not stand where the authority failed to consider the reconciliation statement specifically furnished by the taxpayer and did not give an effective opportunity to explain the discrepancy. The HC held that, because the dispute was factual and the reply referred to reconciliation material in Annexure-1, the authority was required to re-examine that material before concluding that no reconciliation had been produced. The order was set aside and the matter remitted for fresh consideration after giving the taxpayer an opportunity to explain the ITC mismatch.
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Retrospective GST explanation and composite supply classification require fresh assessment after determining the true nature of supplies.
Case-Laws
GST
The HC held that Circular No. 163/19/2021-GST did not compel retrospective application of the explanation added to Sl. No. 234 of Notification No. 1/2017-Central Tax (Rate); any pre-01.01.2019 benefit was only optional, so the assessment was unsustainable to the extent it treated that explanation as mandatorily retrospective. It also found the authority had failed to determine the true nature of the supplies, namely whether they resulted in immovable property as works contract or constituted installation of movable goods under composite supply, and had not identified the turnover relatable to the period before 01.01.2019. The assessment was set aside and remanded for fresh consideration, leaving open the vires question.
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GST cross-empowerment and disputed classification must be challenged in appeal, not writ, where suppression is alleged.
Case-Laws
GST
State GST authorities may initiate intelligence-based enforcement action under the GST regime even where the taxpayer is administratively assigned to the Central administration, so the challenge to jurisdiction failed. Disputes over classification and the assessing authority's finding of suppression for invoking Section 74 involved disputed facts and could not be examined in writ jurisdiction, so those objections had to be pursued before the statutory appellate authority under Section 107. The writ court was therefore correct in directing the taxpayer to avail the appeal remedy while leaving all grounds, including jurisdiction, open before the appellate forum.
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No matter-of-right conversion of non-bailable warrants was established; fact-specific precedents created no conflict for Larger Bench review.
Case-Laws
GST
No binding conflict existed among the cited Single Bench orders on conversion of non-bailable warrants into bailable warrants, because each was decided on its own facts and none laid down a rule that an accused in an economic or heinous offence has a matter-of-right entitlement to conversion. One case concerned only the validity of non-bailable warrants and refusal of interim stay, another upheld refusal of conversion on its facts, and a third granted conversion through inherent jurisdiction on the overall circumstances. As no ratio emerged to require reference to a Larger Bench, the reference was left unanswered and the learned Single Judge was directed to decide the matter on its merits.
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Non-speaking GST cancellation and ignored condonation grounds vitiated both orders, leading to remand for fresh consideration.
Case-Laws
GST
GST registration cancellation could not stand where the original order was non-speaking and did not disclose the date, mode or manner of service of the show cause notice, despite service being disputed. Proceeding ex parte on an assumed service basis without recording those particulars rendered the cancellation order unsustainable, and it was set aside with remand for fresh decision after reply and hearing. The appellate order was also vitiated because the authority failed to consider the specific grounds for condonation of delay raised in the appeal memorandum and instead relied on assumptions not reflected in the appeal itself. That order too was set aside.
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Composite demand notices cannot force multiple appeals or extra pre-deposit for penalty arising from one adjudication order.
Case-Laws
GST
A single adjudication order creating tax and penalty liability cannot be split through separate DRC-07 notices so as to force multiple appeals or an additional pre-deposit toward penalty. The statutory appeal mechanism is satisfied by one appeal against the composite order on deposit of 10% of the disputed tax demand, without any further deposit at that stage for the penalty component. The Court permitted withdrawal of the two notices and issuance of a fresh composite DRC-07, and clarified that limitation for appeal would run from service of the fresh notice, with no further recovery pending compliance.
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Natural justice and reasoned condonation orders: assessment and appellate orders quashed for denying hearing and ignoring delay grounds.
Case-Laws
GST
An assessment order cannot be sustained where the authority fixes a personal hearing before the assessee's last available date to file a reply to the show cause notice, because that denies a fair opportunity of hearing; the HC quashed the original order and remitted the matter for fresh hearing and decision. An appellate order rejecting an appeal is equally invalid if it fails to consider a specific condonation of delay ground and give reasons on that request, even where rejection may ultimately be justified; the HC set aside the appellate order for non-consideration of the condonation plea.
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Jurisdictional defect in adjudication order vitiated tax decision, but fresh hearing remitted to competent authority.
Case-Laws
GST
An adjudication order was vitiated for want of jurisdiction because it was digitally signed by the Commercial Tax Officer, the power to pass the order lay with the Deputy Commissioner; the digital signature was treated as primary evidence of the decision-making authority, and the State's explanation that the order had been uploaded through another officer's dashboard was rejected. The Court, however, did not accept the assessee's objection on limitation, holding that the show cause notice had been issued by the competent authority and the assessee had participated in the proceedings, so a procedural defect at the stage of the order did not justify avoiding adjudication altogether. The order was set aside and the matter remitted for fresh decision by the Deputy Commissioner after hearing.
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Natural justice requires physical service of show cause notice after registration cancellation; adjudication set aside and remitted.
Case-Laws
GST
Where registration had already been cancelled, adjudication could continue only on physical service of the show cause notice because the taxpayer could not be expected to access the Common Portal; service merely by electronic upload was therefore inadequate. The absence of physical notice caused a substantial breach of natural justice and denied an effective opportunity to file objections and be heard. The HC accordingly set aside the adjudication order and remitted the matter for fresh adjudication after physical service of notice, supply of relied-upon documents, and grant of due hearing.
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Anti-profiteering in cinema ticket pricing: GST reduction had to be passed on, with interest only prospectively and no penalty.
Case-Laws
GST
Once GST was reduced, the seller remained under a statutory duty to pass on the benefit through commensurate price reduction, and regulated cinema ticket pricing did not displace scrutiny under anti-profiteering law. The Tribunal rejected reliance on Telangana cinema licensing orders and found no equitable relief because material facts had not been fully disclosed and the earlier High Court conditions were not shown to have been satisfied. It accepted the DGAP methodology, held that the base price should have been maintained after the tax cut, and found profiteering established. Interest was made recoverable only prospectively from 28.06.2019, while penalty was held inapplicable because the penalty provision came into force later.
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Rs 7 crore GST fraud unearthed in UP's Pilibhit; 13 fictitious firms detected
GST
Dated:- 17-4-2026
PTI
Pilibhit (UP), Apr 17 (PTI) An alleged fraud involving misuse of a GST ID to misappropriate funds worth around Rs 7 crore has been uncovered here, with police detecting 13 fake firms which were allegedly used to generate bogus bills, officials said on Friday.

According to police, the accused allegedly duped a local businessman on the pretext of arranging a bank loan and obtained his GST credentials before carrying out the fraudulent transactions.

The complainant, Mohammad Naeem, a resident of Mohalla Chhota Khudaganj and proprietor of Shahji Enterprises, runs a handpump installation and labour services business.

In

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Advisory on Re-Computation of Interest under Table 5.1 of GSTR-3B
GST
Dated:- 17-4-2026

1. As a facilitation measure for taxpayers and assisting the taxpayers in doing a correct self-assessment, GST Portal auto-calculates interest on delayed filing of GSTR-3B based on the tax liability discharged and tax liability breakup provided in “Tax Liability Breakup, As Applicable” table.

2. This system computed interest is auto-populated and collected in the Table-5.1 of the subsequent period GSTR-3B. The facility is similar to the collection of late fees for GSTR-3B, which is also calculated after filing of GSTR-3B and collected in subsequent GSTR-3B period.

3. The detailed breakup of interest computation can be verified from the

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ided under Table 5.1 of GSTR-3B. Upon clicking this option, the system recalculates the interest based on the latest and updated parameters available in the system and the revised interest amount will then be reflected in the updated system generated GSTR-3B PDF.

5. Taxpayers are advised to refer to the updated GSTR-3B system generated PDF for the revised interest values and accordingly, update the interest figures in Table 5.1 by manually editing the already auto-populated values in Table 5.1. The revised interest will also be visible on hover of respective field in Table 5.1 of GSTR-3B. Kindly note that the manually edited interest value shall not be less than the recomputed interest appearing in system generated GSTR-3B pdf.

Thanks

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Unsigned assessment order invalid; defective service defeats delay objection and fresh reassessment may follow after due notice.
Case-Laws
GST
An unsigned assessment order is invalid, because the assessing officer's signature is mandatory and Sections 160 and 169 of the CGST Act do not cure that defect. Service of an unsigned order cannot be treated as valid service under Rule 26(3) of the CGST Rules, so an objection based on delay in filing the writ petition failed. The impugned assessment order was set aside, liberty was reserved to complete a fresh assessment after due notice and with a duly signed order, and the intervening period was directed to be excluded for limitation.
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Section 76 cannot justify double taxation where GST collected was already paid through another registration.
Case-Laws
GST
A writ petition against a show cause notice was entertained because the matter had been pending for years, pleadings were complete, no further factual enquiry was needed, and the notice itself showed that the amount collected as GST matched the amount paid to the Government. On those admitted facts, the Court treated the issue as a pure question of law on the scope of Section 76 of the CGST Act and held that the provision could not be used to demand tax again merely because payment was made through another GST registration of the same assessee in the same State. Section 76 targets non-remittance of tax collected, not double taxation where the revenue has already received the amount.
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Binding advance rulings defeated GST exemption claim for frozen meat supply, securing reimbursement of tax paid.
Case-Laws
GST
The HC held that exemption under Notification No. 2/2017 did not apply to the petitioner's supply of frozen meat, because the Rajasthan Authority for Advance Ruling and the appellate authority had already determined that the goods were supplied in unit containers and attracted GST at five per cent. Those advance rulings were binding on the petitioner under Section 103 of the CGST Act, so it was required to pay the tax accordingly. As the respondents rejected reimbursement only on the mistaken assumption that the supplies were exempt, there was no legal basis to deny reimbursement of the GST already paid. The petitioner was entitled to reimbursement of the balance GST amount, with interest payable on default.
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Composite assessment orders for multiple financial years are unsustainable; separate proceedings must be initiated for each assessment year.
Case-Laws
GST
A single show-cause notice or composite assessment order cannot validly cover more than one tax period once the due date for filing the annual return has been reached. Applying an earlier Division Bench view, the HC held that the impugned assessment, framed by one order for multiple financial years, was unsustainable and set it aside. The matter was remitted with liberty to commence fresh proceedings separately for each assessment year, and the intervening period was excluded for limitation purposes. All other grounds raised by the petitioner were left open.
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Statutory right of appeal protected against coercive recovery pending expiry of the appeal period and pre-deposit requirements.
Case-Laws
GST
Coercive recovery could not be used to defeat a subsisting statutory right of appeal where the appeal period under the Act and the relevant notification had not expired. The High Court protected the petitioner from recovery because the petitioner stated an intention to file an appeal with a stay application within the available period; if the appeal is filed, the statutory pre-deposit requirement of 10% would apply and recovery would not be pursued in any event. The petition was disposed of with liberty to the Department to recover dues in accordance with law if no appeal is filed, while all merits were kept open.
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Proper officer jurisdiction upheld for penalty on fraudulent ITC, with procedural defects treated as curable under the CGST Act.
Case-Laws
GST
A Joint Commissioner who had issued the show-cause notice before a later circular could validly pass the Order-in-Original imposing penalty for fraudulent availment and passing of ITC, since the proceedings had been initiated under Section 74 and the same officer had jurisdiction on the date of adjudication. The Court held that Section 160 of the CGST Act cured mere procedural defects or omissions where the proceedings were otherwise in substance in conformity with the Act. It also noted that the petitioner had not effectively contested jurisdiction at the notice stage or participated in the proceedings, so the objection was untenable. The writ challenge failed, with liberty to pursue the statutory appeal.
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Writ jurisdiction in tax disputes is barred when natural justice is satisfied and a statutory appeal is available.
Case-Laws
GST
A writ petition in a tax matter was held not maintainable where the adjudicating authority had considered the taxpayer's reply, written submissions, annexures, invoices, classification plea, exemption claim and valuation objections. The Court found no breach of natural justice because adequate opportunity of hearing had been given and the impugned order dealt with the material on record while partly confirming and partly dropping the demand. As the dispute involved detailed factual and legal examination, the petitioner was directed to pursue the statutory appellate remedy, where all grounds could be raised. The writ petition was dismissed, with liberty to file an appeal on complying with the statutory deposit requirement.
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GST input tax credit distribution through tax invoices was permitted for reverse charge common services during the disputed period.
Case-Laws
GST
Under the unamended GST framework, an Input Service Distributor could not procure and distribute credit relating to common services liable to reverse charge through the ISD route, because the then-existing definition barred such procurement. The later Finance Act, 2024 remedy applies only from 01.04.2025, so it did not govern the disputed period. For that period, the CBIC circular of 17.07.2023 clarified that common credit need not be routed only through ISD and could also be transferred by tax invoice under Section 31. As the taxpayer had used ISD for forward charge credit and tax invoices for reverse charge common credit, and had availed only eligible credit, the contrary order was quashed.
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