Goods and Services Tax

Assessments quashed and remitted for fresh adjudication after Section 168A notification invalidated; safeguard procedural rights on reconsideration
Case-Laws
GST
The HC allowed the writ petitions by quashing the impugned assessment orders and remitting the matters to the respondents for fresh adjudication on merits. The court noted the petitioners' failure to respond to preceding show-cause notices and considered the applicability of notifications issued under Section 168A. In view of a recent decision of the Principal Bench invalidating the impugned Section 168A notification with consequential directions, the HC set aside the assessments without deciding substantive tax liability and directed the respondents to proceed afresh, observing that consequential statutory and procedural safeguards be afforded on reconsideration. The writ petitions are disposed of accordingly.
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Day before additional 25 pc US tariffs, PM makes pitch for swadeshi, Make in India
GST
Dated:- 26-8-2025
PTI
Ahmedabad, Aug 26 (PTI) A day before US President Donald Trump's additional 25 per cent tariff kicks in, Prime Minister Narendra Modi on Tuesday made a vehement pitch for swadeshi and Make in India that should help create jobs in the country.
Swadeshi should be everyone's life mantra and irrespective of who is investing, production must take place domestically, Modi asserted on a day when Japan's Suzuki Motor Corporation committed to invest over Rs 70,000 crore in the country in the next five to six years.
The government's 'Make in India' initiative has created a favourable environment for both global and domestic manufacturers and the world will drive electric vehicles that are made in India, Modi said.
He was speaking after flagging off exports of Maruti Suzuki's first electric vehicle, the e VITARA, from the Hansalpur facility in Gujarat to over 100 countrie

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ent for both global and domestic manufacturers, Modi said.
Lauding India-Japan ties, he said both countries are “made for each other”.
Japanese automaker Suzuki Motor Corporation will invest Rs 70,000 crore in the next five to six years in India to strengthen its operations in the country, its Representative Director and President Toshihiro Suzuki said on Tuesday.
Speaking at the event, Suzuki Motor Corporation Representative Director and President Toshihiro Suzuki said, “Suzuki will invest over Rs 70,000 crore in India, over the next 5-6 years.” Later, in an interaction with reporters, Maruti Suzuki India Chairman R C Bhargava said the investments would be to meet the company's target of achieving 40 lakh units annually.
“We are expanding to 4 million (units annually). So the expansion of 4 million units capacity, with all the supporting infrastructure and investment in R&D, and new technologies, all of that takes a lot of money,” Bhargava said when asked about areas where t

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und e VITARA will be shipped from Pipavav port to the European region, including the UK, Germany, Norway, France, Denmark, Switzerland, the Netherlands, Sweden, Hungary, Iceland, Italy, Austria, and Belgium.
On the reasons for Maruti Suzuki not launching the e VITARA in India as yet, Bhargava said, apart from meeting export order obligations, cost factors have played a part, as the price of the EV is still on the higher side, as the battery is imported.
Toshihiro Suzuki said the Gujarat facility, which serves customers across India and global markets, will soon become one of the world's largest automobile manufacturing hubs, with a planned capacity of 10 lakh units.
He further said, “We chose this facility to manufacture the e VITARA, our first BEV and make it a global production hub for this model. We will export this “Made-in-India BEV” to over 100 countries, including Japan and Europe.” The company's second major milestone is the “start of production of India's first lithium

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GST waiver on health insurance to cost Bengal Rs 900 cr annually: Mamata Banerjee
GST
Dated:- 26-8-2025
PTI
Bardhaman, Aug 26 (PTI) West Bengal Chief Minister Mamata Banerjee on Tuesday said the waiver of Goods and Services Tax (GST) on health insurance premiums, if implemented, will hit the state's exchequer by around Rs 900 crore annually.
In a major GST rate rationalisation move, a proposal to exempt health insurance and a bulk of goods from GST is expected to come up when the GST Council meets early next month.
Banerjee said it was West Bengal that first pushed for a GST exemption on health insurance to make medical cover more affordable for the common people.
“The waiver of GST on health insurance premiums will cost Beng

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ITC chief hails PM's reform vision, says GST overhaul to spur growth
GST
Dated:- 26-8-2025
PTI
Kolkata, Aug 26 (PTI) ITC Ltd Chairman Sanjiv Puri on Tuesday hailed Prime Minister Narendra Modi's call for next-generation reforms, particularly in the Goods and Services Tax (GST) framework, saying the move will trigger a virtuous cycle of consumption, investment, growth and employment.
He said the government's focus on affordability and accessibility of essential items, including food, will provide significant relief to the middle class, micro, small and medium enterprises (MSMEs), and farmers.
“The government's resolve to ensure ease of living by enhancing affordability and accessibility of all items meant for daily consumption

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Food Ministry forwards veg oil GST refund request to Finance Ministry
GST
Dated:- 26-8-2025
PTI
New Delhi, Aug 26 (PTI) The food ministry has forwarded the vegetable oil industry's request to the finance ministry, seeking to lift tax refund restrictions with hopes that the GST Council will consider the issue at its next meeting, Food Secretary Sanjeev Chopra said on Tuesday.
“We have sent it to the Ministry of Finance…once this GST committee meets to work on the declaration about reduction in the rates. I am sure they will keep that in mind. Hopefully, it may take up in the next meeting,” Chopra told PTI.
The edible oil industry has been grappling with restrictions on Goods and Services Tax (GST) refunds for accumulated In

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5-7 goods. The proposal entails doing away with the current 12 and 28 per cent tax slabs.
The Indian Vegetable Oil Producers' Association and other industry bodies have urged the government to remove refund restrictions and treat edible oils similarly to butter and ghee, which retain refund benefits.
Industry groups argue that restoring ITC refunds would ensure policy stability, boost investment, enhance economic viability, maintain consumer price stability and promote safer consumption.
On implementation of new vegetable oil regulations under the Vegetable Oil Products, Production and Availability Regulation Order, 2025, Chopra said the rules aim to boost transparency, curb hoarding and stabilise prices.
All vegetable oil producer

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Consolidation of Single SCN Across Years Allowed for Alleged Fraudulent ITC; Appeal Permitted Under Section 107 CGST Act
Case-Laws
GST
The HC dismissed the petition challenging consolidation of a single SCN spanning multiple tax years concerning alleged fraudulent availing of Input Tax Credit exceeding Rs.89 crores, holding that consolidation is permissible where primary allegation is fraudulent ITC. The court observed the impugned order is appealable under Section 107 of the CGST Act, 2017, and accordingly disposed of the petition while granting the Petitioner liberty to file an appeal by 30 September 2025 subject to compliance with requisite pre-deposit conditions. The disposal is without prejudice to the appellate forum's adjudication on merits and any statutory or equitable defenses available to the parties.
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Consolidation of show-cause notice upheld where alleged fraudulent ITC exceeds Rs 41 crore; appeal under Section 107 CGST
Case-Laws
GST
The HC upheld that consolidation of a single show cause notice for multiple assessment years is permissible where the primary allegation is fraudulent availing of input tax credit, as alleged against the Petitioner concerning ITC exceeding Rs. 41 crores. Noting that the primary legal issue aligns with precedent, the Court declined extraordinary relief and disposed of the petition, observing that the impugned order is appealable under Section 107, CGST Act, 2017. The Petitioner was afforded liberty to institute an appeal by 30 September 2025 subject to filing the statutory appeal and making the requisite pre-deposits as mandated by the appellate provisions.
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Retrospective cancellation of GST registration set aside; fresh adjudication ordered on cancellation application and SCN
Case-Laws
GST
The HC set aside the impugned orders of the Appellate Authority and the GST Department insofar as they retrospectively cancelled the petitioner's GST registration, holding that the orders manifest a complete non-application of mind; the court found that the petitioner had sought cancellation yet a retrospective cancellation w.e.f. 15 June 2019 was impermissible where the SCN did not contemplate retrospective effect. The HC directed that the petitioner's cancellation application dated 30 March 2021 and the SCN dated 9 April 2021 be adjudicated afresh and comprehensively by the GST Department. The petition is disposed of accordingly.
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Writ dismissed; petitioner directed to pursue six separate appeals under Section 107 CGST Act with pre-deposit
Case-Laws
GST
HC dismissed the writ challenge and disposed of the petition, holding that writ jurisdiction is inappropriate where multiple impugned adjudication orders involve numerous noticees and differing factual matrices requiring detailed factual inquiry. The HC held that the proper officer cannot be fixed based solely on the Petitioner's position and that the Petitioner's contentions may be ventilated in statutory appeals under Section 107 of the CGST Act. The Petitioner was granted leave to file six separate appeals against the impugned orders, subject to a pre-deposit requirement limited to the order dated 28 January 2025 (total demand Rs. 15,90,84,564; tax Rs. 7,95,42,282). Appeals and pre-deposit to be filed by 30 September 2025.
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s.62(2) Deems s.62(1) Best-Judgment Assessment Withdrawn If Valid Returns Filed and Tax Plus Late Fee Paid Within 30 Days
Case-Laws
GST
The HC, in a challenge to a best-judgment assessment under s.62 of the GST Act, held that s.62(2) operates to deem any order under s.62(1) withdrawn where the registered person furnishes valid returns within 30 days of service of the assessment and pays the tax and late fee; compliance here meant the assessment dated 07.02.2024 is deemed withdrawn and cannot form the basis for tax collection. The writ petition was disposed of by setting aside the assessment dated 07.02.2024. The ruling also clarifies no requirement of separate intimation to the proper officer for the deeming clause to operate and leaves it open to the 2nd Respondent to initiate assessment steps if deemed necessary.
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Petitioner entitled to refund of statutory pre-deposit under Section 107; retention would cause unlawful unjust enrichment, refund with interest ordered
Case-Laws
GST
The HC directed respondents to refund the statutory pre-deposit paid by the petitioner to maintain an appeal under Section 107, rejecting the time-bar defence and holding that retention would constitute undue enrichment. The court treated the Division Bench precedent of this HC as binding and afforded only persuasive weight to contrary High Court authority. The petition was allowed: respondents must refund the pre-deposit within four weeks, failing which they are liable to pay interest at 6% per annum from the date the sum became due until actual payment. The court rejected any claim of lawful forfeiture under the Act insofar as it would result in unjust enrichment.
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Petition non-maintainable due to available remedy; petitioner directed to file statutory appeal under Section 107 (GST) within 15 days
Case-Laws
GST
The HC held the petition non-maintainable insofar as an alternative remedy existed, noting the petitioner should have appealed under Section 107 of the Goods and Services Tax Enactments, 2017 within three months of the impugned order (deadline 23.06.2025), and that the impugned order failed to consider the petitioner's reply, raising natural justice concerns. Exercising discretion, the Court conferred liberty to the petitioner to institute a statutory appeal before the Appellate Deputy Commissioner (GST) within 15 days of receipt of this order. The Appellate Deputy Commissioner (GST) was suo motu impleaded as second respondent and the registry was directed to amend the cause title. Petition disposed.
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Partial relief granted to petitioner challenging order under s.73 GST; impugned order quashed and matter remitted for fresh adjudication
Case-Laws
GST
The HC granted partial relief to the petitioner challenging an order under s.73 of the GST enactments, noting the petitioner had not preferred an appellate remedy but had declared and paid CGST and SGST in the annual return (GSTR-9) prior to the impugned order. The HC quashed the impugned order dated 22.02.2025 and remitted the matter to the respondent for fresh adjudication on merits within three months of receipt of the order. The remand is conditional: the petitioner must comply with the conditions imposed by the court. The petition is disposed of by way of remand, leaving the respondent to pass appropriate orders in accordance with law.
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Man held for creating fake GST registrations
GST
Dated:- 25-8-2025
PTI
Bengaluru, Aug 25 (PTI) A man was taken into custody from Hyderabad by a team of officers of the Department of Commercial Taxes, Karnataka, for allegedly creating fake GST registrations.
According to a press release issued by the department on Monday, the man, identified as Rahul Kishan Rao Kulkarni, was arrested on August 21. He is a resident of Bidar, Karnataka.
He has been produced before the I Additional Civ

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Fitch affirms India's rating on robust growth, external finances; GST reforms to support consumption
GST
Dated:- 25-8-2025
PTI
New Delhi, Aug 25 (PTI) Fitch Ratings on Monday retained India's sovereign credit rating at 'BBB-' with a stable outlook on robust growth and external finances.
The proposed 50 per cent US tariffs on India pose a moderate downside risk to its 6.5 per cent GDP growth forecast for the current fiscal.
“Proposed goods and services tax (GST) reforms, if adopted, would support consumption, offsetting some of these growth risks,” Fitch added.
The Centre has proposed to the Group of Ministers on GST rate rationalisation a 2-tier rate structure of 5 and 18 per cent for 'merit' and 'standard' goods and services

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k remains strong relative to peers, even as momentum has moderated in the past two years,” Fitch said, adding that it estimates medium-term growth potential at 6.4 per cent led by strong public capex, a private investment pick-up and favourable demographics.
“The government's deregulation agenda and GST reforms should support incremental growth. Passage of other significant reforms, especially on land and labour laws, seems politically difficult. Still, some state governments are likely to advance such reforms. India has signed several bilateral trade agreements, but trade barriers remain relatively high,” Fitch said.
The rating agency said a strengthening record on delivering growth with macro stability and improving fiscal credibility s

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Fitch affirms India's sovereign rating at 'BBB-' on robust growth, solid external finances
GST
Dated:- 25-8-2025
PTI
New Delhi, Aug 25 (PTI) Fitch Ratings on Monday affirmed India's sovereign rating at 'BBB-', with a stable outlook, saying a strong record of delivering growth and improving fiscal credibility will drive improvements in structural metrics.
“India's ratings are supported by its robust growth and solid external finances,” Fitch said, as it forecast GDP growth of 6.5 per cent in the fiscal year ending March 2026 (FY26), unchanged from FY25, and well above the 'BBB' median of 2.5 per cent.
It said India's economic outlook remains strong relative to peers, even as momentum has moderated in the past two years.
“Pr

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Administrative denial of FY2018-19 input tax credit quashed; Section 16(5) extended return filing to Nov 30, 2021; pre-deposit waived
Case-Laws
GST
The HC quashed the impugned administrative action insofar as it rejected input tax credit asserted for FY 2018-19, holding that Section 16(5) prima facie extended the return-filing period until 30 November 2021 and thus rendered the reasoning for denial unsustainable. The court declined to pass a definitive substantive decree given the availability of statutory appellate remedy and the appealable character of the order; however, on the unique facts and prima facie satisfaction that the petitioner is entitled to the credit/refund, the HC waived the statutory pre-deposit requirement. The petition is accordingly disposed of, subject to the petitioner pursuing the appellate remedy.
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Retrospective GST registration cancellation quashed for lack of reasons; matter remitted for fresh adjudication and hearing.
Case-Laws
GST
The HC set aside the impugned order insofar as it retrospectively cancelled the petitioner's GST registration from 7 June 2024, holding that retrospective cancellation cannot be exercised mechanically and must be supported by reasons in the order. The court found the SCN did not raise retrospective cancellation and the order relied solely on the petitioner's alleged absence from the declared place of business-a fact reasonably controverted by the petitioner's reply and photographic evidence. The retrospective cancellation was therefore quashed and the matter remitted to the concerned Adjudicating Authority for fresh adjudication on merits after affording the petitioner an opportunity to be heard.
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Applicant not a promoter; no RCM liability on M-sand, P-sand, blue metal, boulders, hollow bricks per Notification 7/2019 and s.9(3)/9(4)
Case-Laws
GST
AAR held that the Applicant is not a “Promoter” and therefore does not fall within Notification No. 7/2019-CT(Rate); the goods received (M-sand, P-sand, blue metal, boulders, hollow bricks) from unregistered suppliers are neither notified under section 9(3) nor does the Applicant's activity fall within the scope of section 9(4). Consequently, the Applicant is not liable to discharge tax under the reverse charge mechanism on purchases of those goods from unregistered persons.
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Composite works contract for factory electrical installations treated as immovable property; GST input tax credit blocked under s.17(5)(c) and s.17(5)(d)
Case-Laws
GST
AAR holds that the dispute concerns a composite works contract for supply, installation, testing and commissioning of electrical installations for a new factory. The installations are integral to and assimilated into immovable property and cannot be treated as discrete machinery or plant. Consequently, GST paid on the works contract is ineligible for input tax credit; such credit is expressly blocked under s.17(5)(c) of the CGST Act and, if characterised as construction/installation, also blocked under s.17(5)(d). Because ITC is disallowed on the contract, the subsidiary question regarding timing for availing ITC on supplier advance invoices is rendered moot for the applicant.
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No ITC for GST on permanently affixed fire-fighting and public-health equipment in new factory under s.17(5)(c)/(d)
Case-Laws
GST
The AAR held that the Applicant is not entitled to input tax credit for GST paid on fire-fighting systems and public-health equipment installed as part of a new factory. The installations were characterized as permanently affixed to immovable property and thus not “plant and machinery,” bringing the supply within the embargoes of s.17(5)(c) and, alternatively, s.17(5)(d) of the CGST/TNGST Act, 2017; GST attributable to the composite works contract is therefore non-creditable. Because ITC denial on the specific contract is dispositive, the AAR declined to adjudicate the ancillary question on the timing for availing ITC against supplier “advance component” invoices.
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Petitions dismissed; SC precedent upholds validity of Sections 69, 70 and safeguards under Section 132 CGST
Case-Laws
GST
The HC declined to adjudicate substantive challenges to the legislative competence and validity of Sections 69 and 70, observing that the SC has already resolved those issues in a controlling decision addressing CGST officers' powers to summon, seize and obtain production of documents and to arrest persons suspected of tax evasion, and prescribing statutory safeguards in relation to arrest under Section 132. As the petitions' core contention is foreclosed by the SC precedent and the remaining reliefs were not pressed, the writ petitions were dismissed and disposed of. The court's order leaves intact the operative statutory powers and the SC-prescribed arrest safeguards under the CGST framework.
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Remand orders appellate authority to revisit recovery and recredit Rs.1,67,974; respondent must pay Rs.139,380.48 CGST/IGST
Case-Laws
GST
HC remanded the matter to the appellate authority and directed that the respondent who admitted belated payment in Form GST-03 shall take steps to rectify the payment error with assistance from the other respondents. The appellate authority's recovery of Rs.1,67,974 from the petitioner's credit ledger is to be revisited, and any amount already recovered must be recredited to the petitioner's credit ledger within two weeks of communication of the order. The respondent remains statutorily liable to discharge CGST/IGST of Rs.139,380.48 and is directed to pay that sum unless already paid. The petition is disposed of.
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E-commerce operator status for voucher app; no reverse charge under s.9(5); TCS liability and state GST registration under s.52
Case-Laws
GST
AAR held that the Applicant's voucher-collection activity, conducted via its Freedeem app and involving receipt of consideration on behalf of merchants, constitutes electronic commerce and renders the Applicant an e-commerce operator under the GST Act. The Applicant is not liable under reverse charge mechanism u/s 9(5) because its services are limited to voucher/coupon facilitation and collection and do not fall within the notified services under s.9(5). The Applicant is, however, required to collect TCS under s.52 on net taxable supplies collected through its platform and must obtain separate GST registration for TCS purposes in each State where supplies are effected. The question on TCS vis-à-vis payments to registered versus unregistered merchants was not adjudicated.
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AAR: non-edible castor oil classed under Chapter 15, IGST 5% via Schedule I serial no.90; subsection 97(2) bars refund issues
Case-Laws
GST
AAR holds that non-edible castor oil is classifiable under Chapter 15 and, by application of schedule I serial no. 90, attracts IGST at 5%. The Authority, applying HSN explanatory notes, excludes the product from the animal/vegetable fat mixtures provision of the HSN 1518 entry and treats it as a vegetable fat/oil fraction within serial no. 90. Questions on entitlement to refund of accumulated input tax credit arising from an inverted duty structure, and on the permissible utilization of such accumulated credit, are not adjudicated because they fall outside the matters enumerated in subsection 97(2) and therefore are not addressed in this ruling.
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