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Liquidated damages under concession agreements are not consideration for taxable supply; GST not chargeable, reliance on Circular No.178/10/2022-GST
Case-Laws
GST
AAR held that liquidated damages paid by the applicant to the concessionaire under the concession agreement do not constitute consideration for a taxable supply and are not subject to GST; accordingly, the concessionaire is not entitled to avail input tax credit in respect of such receipts. The Authority applied Circular No.17

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Petition dismissed for procedural abuse and failure to comply with Section 107(6)(b) pre-deposit; Order II Rule 2 CPC applied.
Case-Laws
GST
The HC dismissed the petition challenging an ex parte order under Section 74 UPGST Act, holding the challenge misconceived and liable to be rejected. The court found the appellant pursued successive writs to evade the pre-deposit required by Section 107(6)(b) of the GST Act, failed to seek exemption from pre-deposit before the appellate authority a

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Order quashes penalty under Section 129(1)(b); directs recalculation under Section 129(1)(a) where e-way bill and invoice identify registered dealer
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GST
The HC set aside the impugned order dated 18.10.2025 and allowed the petition, holding that where goods were accompanied by an e-way bill and tax invoice identifying a registered dealer, any liability could only arise under Section 129(1)(a) of the U.P. Goods and Services Tax Act, 2017; the Adjudicating Authority erred in comp

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93-day delay condoned due to consultant incapacitation supported by psychiatrist certificate; appellate order set aside, appeal restored
Case-Laws
GST
The HC allowed the writ petition, holding that the petitioners' explanation for a 93-day delay in filing the statutory appeal – namely incapacitation of their consultant supported by a psychiatrist's certificate – was reasonable, plausible and not indicative of gross negligence or deliberate laches. The court condoned the delay, set aside

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Retail inflation in October touches record low of 0.25 pc on GST cuts
GST
Dated:- 12-11-2025
PTI
New Delhi, Nov 12 (PTI) Retail inflation fell to a record low of 0.25 per cent in October following cut in GST rates on nearly 380 items of mass consumption coupled with subdued prices of vegetables, fruits and eggs.
October Consumer Price Index (CPI)-based inflation was lowest in the current series (base year 2012), which captures data since January 2014.
The inflation was 1.44 per cent in September and 6.21 per cent in October 2024.
According to the data released by the National Statistics Office (NSO), the food inflation declined to (-) 5.02 per cent in October.
The decline in headline inflation and food inflation during O

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per cent), Karnataka (2.34 per cent), Punjab (1.81 per cent) and Tamil Nadu (1.29 per cent).
The inflation was negative in several states, including Assam, Bihar, Chhattisgarh, Delhi and Uttar Pradesh.
Commenting on the data, Aditi Nayar, Chief Economist at ICRA, said the Reserve Bank's Monetary Policy Committee (MPC) is likely to pare its CPI inflation projection for FY2026 further from 2.6 per cent, driven by the soft sequential momentum in food prices as well as the impact of the GST rate rationalisation on several items in the CPI basket.
“This, along with the dovish tone of the October 2025 policy document, would support a 25-bps rate cut in the December 2025 policy review, unless Q2 FY2026 GDP growth surprises on the upside,” s

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Fresh demand on identical grounds barred when Section 61(2) explanation accepted; Section 73 notice and order quashed
Case-Laws
GST
HC held that the petition is maintainable and that issuance of a fresh demand on identical grounds previously examined under Section 61 is impermissible. The court construed Section 61(2) as creating an embargo on further demands, including those under Section 73, where the taxpayer's explanation was accepted; Section 73 contains no non-obstante provision t

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Writ petition dismissed as not maintainable over alleged fraudulent ITC and clandestine clearances; petitioner directed to pursue statutory appeal
Case-Laws
GST
The HC dismissed the writ petition as not maintainable in view of alleged fraudulent availment of Input Tax Credit and clandestine clearance of goods, holding that writ jurisdiction is ordinarily inappropriate where complex factual investigations, voluminous evidence and potential prejudice to the exchequer and the GST regime ar

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Bail granted to accused under clauses (b),(c),(f),(l) of Section 132(1) CGST Act over alleged Rs.23.66 crore ITC
Case-Laws
GST
HC granted bail to the accused in respect of alleged offences under clauses (b), (c), (f) and (l) of Section 132(1) of the CGST Act, which attract maximum imprisonment of five years and fine. The Court observed the prosecution case is documentary and electronic, the allegations of wrongful availment/passing of ITC totalling Rs.23.66 crore remain to be proved, an

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Remit for fresh re-examination under s.75(2) whether penalty under s.74 instead of s.73 was inappropriate; reply within 30 days.
Case-Laws
GST
The HC remitted the matter to the respondent for fresh consideration whether the petitioner, who has paid the tax and limited its dispute to imposition of penalty and applicability of machinery provisions, validly contends that proceedings under s. 74 are inappropriate and should have been initiated under s. 73; the respondent is directed to exer

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Penalty Under s.129(3) GST Set Aside Where Part B E-Way Bill Not Generated Due To Technical Error, No Mens Rea
Case-Laws
GST
The HC quashed the impugned orders imposing penalty under s.129(3) of the GST Act and allowed the petition. The court found the record established non-generation of Part B of the e-way bill due to a technical error, which was not disputed, and no authority had recorded any finding of mens rea to evade tax. Absent any proven intent to evade payment of tax, the stat

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Petition dismissed; proceedings under Section 130 read with Section 122 and Section 35(6) upheld for unaccounted goods
Case-Laws
GST
The HC dismissed the petition and upheld the impugned orders instituting proceedings under section 130 read with section 122 of the GST Act against the respondent. Relying on statutory obligations under section 35 and sub-section (6) thereof, the Court affirmed that where a survey reveals unaccounted goods the Proper Officer may determine tax liability and

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Next generation GST reforms led to growth in sales across sectors: Sitharaman
GST
Dated:- 11-11-2025
PTI
Coimbatore (Tamil Nadu), Nov 11 (PTI) Union Finance Minister Nirmala Sitharaman on Tuesday said that the implementation of next generation GST reforms on September 22 has led to a growth in sales across sectors, including automobiles, consumer durables, e-commerce among others.
During an interaction on Next Generation GST reforms at an event organised by the Tamil Nadu Vanigar Sangagalin Peramaippu here, she said her Ministry would continuously work on further simplifying the Goods and Services Tax system.
Sitharaman said Prime Minister Narendra Modi has been stressing the simplification of GST norms, rate cuts and product

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They are also called as SIN goods. For example, tobacco products like cigarettes come under this category.” In her brief address, she said that soon after the next generation GST reforms were introduced on September 22, sales of consumer durables has surged. “For example, sales of Air-conditioners doubled. Similarly, television manufacturers told us that they have seen a 30-35 per cent increase in sales of 43 and 55 inch televisions.” “This conveys that those people who had small television sets at their home opted for bigger ones after the GST reforms were introduced,” she said.
Traders engaged in sales via online, particularly e-commerce players, said that they have witnessed a 20 per cent sales jump, she added.
On the sales of automo

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GST reduction: New life insurance business premium touches Rs 34,007 cr in October
GST
Dated:- 11-11-2025
PTI
Kolkata, Nov 11 (PTI) India's life insurance sector continued its double digit growth for the second month in a row, with new business premium up by 12.1 per cent year-on-year touching Rs 34007 crore in October, 2025, CareEdge Ratings said on Tuesday, quoting data provided by Life Insurance Council and IRDAI.
This represents a significant rebound from 5.2 per cent decline in August 2025. The rise was mainly driven by strong performance in the individual segment, particularly non-single premium policies, indicating growing demand for recurring products.
In addition to the above, the recent reduction in GST on individua

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Partial relief: penalty of Rs.6,05,17,933 set aside for failure to apply Sections 74, 75 and improper use of Section 122
Case-Laws
GST
The HC allowed the petition in part, holding that the impugned orders issued by the respondents were illegal, arbitrary and without jurisdiction insofar as they imposed and confirmed a penalty of Rs. 6,05,17,933/-. The Court found that the respondents failed to apply Sections 74 and 75 of the KGST Act and improperly invoked Section 122, resulting in a pe

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Ex parte order set aside after email notices landed in junk; matter remitted for fresh consideration under Section 73(9)
Case-Laws
GST
The HC allowed the petition, holding that principles of natural justice were violated because the petitioner did not receive notices sent to an email that landed in the junk folder, resulting in an ex parte order. Accepting the petitioner's assertion of bona fide inability and sufficient cause to file replies, the court set aside the impugned order dated

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Initial appeal rejection for missing mandatory pre-deposit upheld; belated appeal time-barred; restore appeal if 25% cash deposit within 30 days
Case-Laws
GST
The HC dismissed the writ petitions subject to conditions: the Appellate Authority's initial rejection of an appeal for failure to make the mandatory pre-deposit was upheld as valid, and a subsequent belated appeal was held time-barred; res judicata did not apply because the first appeal was not an appeal in law. The petitions are

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s.73 KGST adjudication quashed for same period; ex parte orders set aside and matters remanded for fresh hearings
Case-Laws
GST
HC allowed the petition, finding violation of the principles of natural justice due to denial of adequate opportunity. The court quashed the multiple adjudication orders issued under s.73 of the KGST Act for the same tax period as impermissible and remitted that claim to the respondents for fresh consideration in accordance with law. The HC also set aside ex pa

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Writ held premature; petitioner directed to pursue statutory remedy under Section 107; Section 67, 69, 73, 74 procedures clarified
Case-Laws
GST
HC dismissed the writ petition and held it premature and not maintainable, directing the petitioner to pursue the statutory remedy under Section 107 rather than relief under Article 226. The court recorded that where a proper officer (not below Joint Commissioner) has reasons to believe under Section 67 of suppression or evasion, he may inspect

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Detention and penalty under Sec.129 CGST Act invalid for lack of Sec.129(3) adjudicatory order; full refund with 9% interest
Case-Laws
GST
The HC allowed the petition and directed respondents to refund within two months the full penalty paid by the petitioner, with interest at 9% p.a. from payment date until refund, holding the detention and levy under Sec.129 CGST Act invalid insofar as no adjudicatory order was passed by the competent officer pursuant to Sec.129(3) of the Tripura SGST

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Order set aside for breach of natural justice; mandatory personal oral hearing under Section 75 required; matter remanded
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GST
HC held that the impugned order dated 6 February 2025 was vitiated by breach of the statutory rules of natural justice, insofar as the petitioner was not afforded an opportunity for personal oral hearing after service of a show-cause notice and filing of a written reply; under Section 75 the rights to submit a written reply and to an oral hearing are di

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File GST exemption and cancellation proof under Chapter 10 HSN within 10 days; bank to decide in one month
Case-Laws
GST
HC directed the petitioner to file, within 10 days, a detailed representation with all requisite documents establishing exemption from GST registration pursuant to Chapter 10 of the HSN and confirming cancellation of the petitioner's GST registration by the Department. Upon receipt, the respondent bank must decide the representation within one month by issuing a reaso

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GST registration cancellation set aside; revival allowed conditionally after compliance, payment of fees, and proper notice flaws highlighted
Case-Laws
GST
The HC set aside the impugned cancellation of the petitioner's GST registration dated 26.08.2024, holding that the sole deficiency-non-uploading of bank account details-was not of such gravity as to warrant cancellation, and that the show-cause notice was vague, failed to specify the alleged defaults or afford a cure period, and lack

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Challenge dismissed; disciplinary authority to complete inquiry and adjudicate misconduct in Assistant Commissioner suspension within three months
Case-Laws
GST
The HC dismissed the writ petition challenging suspension of the Assistant Commissioner of State Tax and declined to adjudicate the merits of alleged negligence in failing to act on an adverse report concerning a fictitious input tax credit claim by a bogus firm. The Court held that disciplinary and fact-finding proceedings fall

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Rule 86A permits temporary withholding of ECL ITC when fraud suspected but cannot block debits beyond available ITC balance
Case-Laws
GST
The HC held that orders blocking debit from taxpayers' Electronic Credit Ledgers (ECL) beyond the Input Tax Credit (ITC) available at the time are unsustainable and set aside such entries to that extent, allowing the petitioners. The court construed Rule 86A as an emergent, protective power permitting the Commissioner or an authorized officer to tempo

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Assessment orders quashed: Rule 142(1A) requires Form GST DRC-01A notice for periods before 15.10.2020; fresh assessment ordered
Case-Laws
GST
The HC quashed and set aside the assessment orders dated 28.02.2025 and held that for assessment periods prior to 15.10.2020 the pre-condition of service of notice in Form GST DRC-01A under Rule 142(1A) is mandatory; consequently an assessment made without such notice is invalid. The matter is remitted to the assessing authority to initiate fresh

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