Author: admin_gst

Genuine Medical Hardship Leads to GST Registration Restoration with Mandatory Compliance and Timely Return Submissions
Case-Laws
GST
HC allows restoration of GST registration after considering petitioner's genuine medical impediment for non-filing of returns. The court directs petitioner to file all pending returns, pay tax dues, interest, and belated filing fees within 4 weeks from registration restoration. The cancellation order is revoked subject to compliance with prescribed conditions, providing an opportunity for the petitioner to rectify procedural non-compliance arising from health-related challenges.
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Conciliation Agreement Determines Limitation Period for Tax Refund Claims Under Section 54 of CGST Act
Case-Laws
GST
HC held that the conciliation agreement dated 09.10.2020 constitutes the relevant date for calculating limitation period under Section 54 of CGST Act. The settlement agreement, recognized under Arbitration & Conciliation Act, is equivalent to a civil court decree. Consequently, DMRC's refund applications filed on 17.01.2021 and 21.03.2021 were deemed timely. The court directed processing of refund with applicable interest within one month, setting aside the impugned orders and disposing of the petition accordingly.
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Tax Refund Claim Wins: Interest Awarded with Precision, Accounting for Procedural Timelines and Partial Relief Calculation
Case-Laws
GST
HC ruled that the Petitioner is entitled to interest on refund claim, with nuanced calculations. Interest shall be payable from 7th/9th September, 2019 till 9th June, 2023 at varying rates (6% initially, then 9%), with a deduction of 74 days corresponding to Petitioner's response time to deficiency memo. The court balanced the procedural delays by both tax authority and Petitioner, ultimately granting partial interest relief while accounting for respective timeline contributions. Petition disposed of with specific interest computation guidelines.
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Fraudulent ITC Claim Rejected: Taxpayer Directed to Pursue Appellate Remedy Under Section 107 with Pre-Deposit Option
Case-Laws
GST
HC dismissed the writ petition challenging penalty for fraudulent Input Tax Credit (ITC) availment under CGST Act, Section 122(1)(vii). The court held that writ jurisdiction should not be ordinarily exercised in cases involving ITC fraud, citing precedent. The petitioner was directed to pursue appellate remedies under Section 107 of CGST Act and permitted to file appeal by 15th July, 2025 with pre-deposit. The court emphasized that the appeal would be adjudicated on merits and not dismissed on limitation grounds, thereby preserving the petitioner's substantive rights while maintaining procedural integrity.
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Tax Demand Upheld: Procedural Gaps Noted, Petitioner Directed to Pursue Appellate Remedies Under Section 107 of CGST Act
Case-Laws
GST
HC dismisses petition challenging tax demand, finding procedural irregularities in the original order but declining to remand the matter. The court held that the Adjudicating Authority did not fully comply with previous judicial directions and natural justice principles. However, the petitioner is directed to pursue appellate remedies under Section 107 of CGST Act, 2017, with the Appellate Authority empowered to comprehensively examine the input tax credit (ITC) claim and determine the validity of the original demand order. The petitioner remains bound by the appellate determination, subject to available legal recourse.
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Taxpayer Wins Challenge Against Arbitrary Tax Demand Exceeding Original Show-Cause Notice Under Section 75(7)
Case-Laws
GST
HC allowed the petition, finding a violation of Section 75(7) of GST Act. The tax authority issued a show-cause notice for Rs. 45,66,398 but subsequently raised a demand of Rs. 68,07,953, which exceeded the original notice amount. The court held that this contravened statutory provisions regarding tax determination. The petitioner's claim of being unaware of the notice due to its placement in an 'Additional Notices and Orders' tab was considered valid. The court emphasized that the demand must not surpass the amount specified in the original notice, rendering the impugned order unsustainable. The judgment upheld principles of natural justice and statutory compliance.
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High Court Strikes Down Tax Assessment Order for Missing Crucial Document Identification Number, Allowing Procedural Correction
Case-Laws
GST
HC invalidated the GST assessment order in Form GST DRC-07 due to absence of a Document Identification Number (DIN), rendering the order non-est and invalid. Relying on Supreme Court precedent, the court set aside the impugned order and granted liberty to the tax authority to recommence proceedings with proper DIN assignment after providing notice to the petitioner. The decision emphasizes procedural compliance in tax assessment documentation, specifically the mandatory requirement of a DIN for administrative orders under the GST Act.
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Digital Invoice Number Oversight Nullifies Tax Assessment, Mandates Procedural Compliance and Fresh Evaluation Under GST Regulations
Case-Laws
GST
HC invalidated the assessment order due to absence of a Digital Invoice Number (DIN), following SC precedent in Pradeep Goyal v. Union of India. The court held that proceedings lacking a DIN are non-est and invalid, consistent with CBIC circular. The impugned order was set aside, granting the respondent liberty to conduct a fresh assessment with proper DIN assignment after providing notice to the petitioner, thereby ensuring procedural compliance under GST Act.
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Electronic Credit Ledger Interpreted as Unified Resource, Allowing Flexible Input Tax Credit Utilization Across Tax Compartments
Case-Laws
GST
HC held that the electronic credit ledger constitutes a unified resource with interconnected tax compartments (IGST, CGST, SGST). The court found that erroneously claiming Input Tax Credit under different heads does not automatically invalidate the claim. The impugned orders were set aside, directing the tax authority to reconsider the ITC claim afresh within three months. The decision emphasizes a holistic approach to interpreting tax credit utilization, treating the electronic credit ledger as an integrated fund pool rather than strictly segregated compartments. Petition allowed with remand.
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Petitioner's Refund Claim Reinstated: Appellate Authority Ordered to Conduct Independent, Unbiased Review of Case Merits
Case-Laws
GST
HC allowed the petitioner's appeal, finding the refund claim rejection erroneous. The Appellate Authority improperly dismissed the appeal based solely on administrative rank similarities between respondents. The court held that the 1st respondent, functioning as an Appellate Authority, should have independently reviewed the case merits without being influenced by the 2nd respondent's administrative communications. The impugned order was set aside, and the matter was remanded for fresh consideration in accordance with legal principles, ensuring a fair and independent review of the petitioner's refund claim.
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High Court Strikes Down Notice Procedure, Mandates Fair Hearing and Remands Case for Proper Adjudication Under Principles of Natural Justice
Case-Laws
GST
HC found the SCN uploaded in 'Additional Notices Tab' violated principles of natural justice, rendering the impugned order dated 5th August, 2024 invalid. The court remanded the matter back to the Adjudicating Authority, granting the Petitioner time until 10th July 2025 to file a reply to the SCN. Upon reply submission, the Authority must issue a personal hearing notice. The impugned order was set aside, and the petition was allowed through remand, ensuring procedural fairness and opportunity to be heard.
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Bail Granted: Fraudulent Tax Credit Case Highlights Personal Liberty and Presumption of Innocence
Case-Laws
GST
HC granted regular bail to petitioner accused of fraudulent Input Tax Credit involving fake invoices. After suffering 2 months and 6 days of custody, the court emphasized fundamental legal principles that bail is a general rule and detention an exception. Applying Article 21 constitutional protections and following precedential jurisprudence on right to speedy trial, the court directed petitioner's release on bail bonds, recognizing that indefinite detention serves no purpose and no one should be considered guilty before proof beyond reasonable doubt.
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Taxpayer Wins: CGST Act Section 54(11) Mandates Refund Release Despite Department's Revenue Risk Concerns
Case-Laws
GST
HC ruled that under CGST Act Section 54(11), the Department cannot withhold a refund sanctioned by the Appellate Authority based solely on potential revenue risk or alleged fraud. Without a pending appeal or review challenging the Appellate Authority's order, the Department must release the refund with statutory interest. The petitioner is authorized to seek further legal recourse if the refund is not credited by the specified date, affirming procedural safeguards against arbitrary administrative discretion in tax refund processes.
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Taxpayers Lose Challenge: Rule 36(4) Upheld, Restricting Input Tax Credit for Non-Compliant Invoice Uploads
Case-Laws
GST
HC upheld the validity of Rule 36(4) in CGST and TNGST Rules, which restricts Input Tax Credit (ITC) availment when suppliers fail to upload invoices under Section 37(1). The court determined that the rule was a temporary regulatory measure to protect government interests and taxpayers from potential recovery proceedings. The restrictions were deemed constitutionally valid and not violative of Article 14, with the amendment designed to ensure partial ITC availability while maintaining compliance mechanisms. The court emphasized that the rule's implementation was a proportionate response to systemic challenges in tax credit documentation, effectively rejecting the constitutional challenge to the regulatory provision.
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Tax Authority Ordered to Reconsider Order After Failing to Provide Proper Notice and Opportunity for Defense
Case-Laws
GST
HC found violation of natural justice principles in ex-parte tax liability order. The court held that the petitioner was not properly served with show cause notice and lacked opportunity to present defense. Applying precedent from similar cases, HC directed the impugned order be treated as a notice under Section 73 of GST Act, 2017, enabling the petitioner to submit objections and supporting documents before the assessing officer. The court disposed of the petition with instructions for the authority to review and pass a fresh order after considering the petitioner's submissions.
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Petitioner Wins Challenge Against GST Notices Due to Procedural Lapses and Lack of Natural Justice Principles
Case-Laws
GST
HC allowed the petition, finding a violation of natural justice principles due to non-service of GST ASMT-10 and DRC-01 notices. Despite the petitioner's failure to contest the original proceedings, the court recognized bona fide reasons for non-participation. The ex-parte order was set aside, and the matter was remanded to the respondent for fresh consideration, providing the petitioner an opportunity to submit a reply to the show-cause notice in accordance with legal procedures.
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Tax Authority's Input Tax Credit Denial Upheld: Jurisdiction Confirmed, Procedural Challenges Rejected, Statutory Appeal Path Preserved
Case-Laws
GST
HC dismissed the writ petition challenging tax authority's order regarding input tax credit (ITC) denial. The court held that territorial jurisdiction exists where a fraction of cause of action arises within court's jurisdiction. The petitioner failed to demonstrate substantial prejudice from denial of witness cross-examination. The court emphasized that appellate authority can comprehensively examine all grounds, including potential natural justice violations. Writ petition was dismissed, with petitioner granted liberty to pursue statutory appeal, subject to pre-deposit conditions, and without challenging the underlying order's substantive merits.
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Legal Challenge Rejected: Taxpayer Must First Pursue Appellate Remedies Under CGST Act Section 107 Before Seeking Writ Relief
Case-Laws
GST
HC dismissed the petition, holding that the Petitioner must first exhaust appellate remedies under Section 107 of CGST Act before seeking writ jurisdiction. The Court declined to entertain the direct writ petition concerning alleged wrongful Input Tax Credit claims and overvaluation of goods for export incentives. The Petitioner was directed to file an appeal against the impugned order, with the option to adjust the previously deposited 10% pre-deposit amount towards the new appeal's pre-deposit requirement.
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GST Registration Cancellation Overturned: Procedural Flaws Invalidate Retrospective Order, Ensuring Principles of Natural Justice
Case-Laws
GST
HC allowed the writ petition challenging retrospective GST registration cancellation. The court found a violation of natural justice principles due to absence of reasons in the Show Cause Notice (SCN) and lack of prior notice. The retrospective cancellation from 01 April 2022 was quashed, and the GST registration cancellation was modified to take effect from the SCN date of 16 May 2024. The order was set aside based on procedural impropriety, ensuring the petitioner's right to fair hearing and due process.
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Tax Credit Rectification Permitted for Genuine GST Invoicing Errors Under Section 16(4) Despite Statutory Time Limitations
Case-Laws
GST
HC allowed the petition for rectification of GSTR-1 form for September 2020, permitting tax credit rectification beyond statutory time limits under Section 16(4) of CGST Act. The court recognized the petitioner's bonafide error in invoicing, referencing precedents from Wipro Limited and Railroad Logistics cases, which emphasized rectification of inadvertent mistakes. The decision enables the respondent to claim tax credit notwithstanding procedural time constraints, acknowledging genuine administrative errors in GST documentation.
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GST Registration Cancellation Modified After Identifying Procedural Defects in Show Cause Notice Citing Medical Circumstances
Case-Laws
GST
HC held that the Show Cause Notice (SCN) for retrospective GST registration cancellation was legally deficient due to lack of specific statutory provisions. Given the Director's medical exigency and absence of clear violation grounds, the GST registration cancellation was modified to be effective from 10th March, 2023. The petitioner, acknowledging cessation of business operations, did not contest the modified cancellation date. Petition was consequently disposed of with the court emphasizing the necessity for precise statutory references in administrative notices to ensure procedural fairness.
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Online Appeal Filing Valid: Electronic Submission Meets Procedural Requirements, Technical Gaps Cannot Invalidate Legal Proceedings
Case-Laws
GST
HC held that online filing of appeal within prescribed time is valid, even without immediate physical submission of certified order copy. The court followed precedent from Delhi HC in Chegg India Private Limited, determining procedural requirements for electronic filing are not mandatory. The electronic submission constitutes complete filing, and technical non-compliance should not invalidate the appeal. The impugned order by Additional Commissioner was set aside, with the petitioner's appeal being allowed on merits, emphasizing the courts' progressive approach towards technological advancements in judicial processes.
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Procedural Defects Invalidate GST Notice: Mere Portal Upload Insufficient, Natural Justice Principles Demand Actual Receipt of Communication
Case-Laws
GST
HC allowed the petition, setting aside the impugned order dated 29.04.2024 due to procedural impropriety. The court found that mere uploading of notice on the GST portal without ensuring actual receipt constitutes a violation of natural justice principles. The first respondent failed to diligently explore alternative notice service modes under Section 169 of GST Act, rendering the original order invalid. The matter was remanded for fresh consideration, providing the petitioner an opportunity to respond to the show cause notice through proper communication channels.
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Writ Petition Dismissed: No Natural Justice Violation Found, Appellate Remedies Under Section 107 of CGST Act Preserved
Case-Laws
GST
HC dismissed the writ petition after finding no violation of natural justice principles. The petitioner was aware of the ongoing investigation but failed to file a reply or provide justification for sales invoices. The court noted the petitioner's lack of bona fides and absence of substantive response to departmental notices. While declining to entertain the writ petition, the court preserved the petitioner's right to pursue appellate remedies under Section 107 of CGST Act. The decision emphasizes that extraordinary judicial intervention is unwarranted when standard procedural mechanisms remain available and the party has not demonstrated procedural prejudice.
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GST Applies to RWA Corpus Funds: Maintenance Collections Taxable with Input Credit and Exemption Limits
Case-Laws
GST
AAR ruled that corpus/sinking fund collection by a Resident Welfare Association constitutes a taxable supply under GST. The key findings are: (1) amounts collected from members for maintenance and building work are considered advance payments towards future services, (2) such collections are subject to CGST and SGST, (3) input tax credit can be utilized with restrictions under Rule 42, and (4) monthly subscriptions under Rs. 7,500 per member remain GST-exempt. The housing society must register under GST if turnover exceeds 20 Lakhs and comply with applicable tax regulations when collecting funds for maintenance and capital improvements.
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