Goods and Services Tax

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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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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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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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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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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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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Legal Challenge Succeeds: Rectification Order Overturned Due to Procedural Violations and Lack of Reasoned Decision
Case-Laws
GST
HC allowed the petition challenging a rectification order, finding procedural violations of natural justice. The court held that when a rectification application is rejected, the authority must provide reasoned order and opportunity of hearing to the applicant. The impugned order dated 28.03.2025 was set aside, directing the respondent to reconsider the rectification application afresh, provide notice to the petitioner, and pass appropriate orders in accordance with legal principles, particularly Section 161's third proviso mandating hearing when an order adversely affects an assessee.
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Leasing Goods Carriage Vehicles to Transport Agencies Qualifies for Nil Rate Tax Under Notification 12/2017-CT (Rate)
Case-Laws
GST
AAR determined that leasing goods carriage vehicles to a Goods Transport Agency (GTA) qualifies for Nil rate taxation under Notification No. 12/2017-CT (Rate). The ruling clarified that the service provider need not be a GTA to claim the tax exemption. The classification falls under Chapter heading 9973 for 'Leasing or rental services without operator'. The key condition is that the vehicle is provided to a recognized GTA, with no additional restrictions on the vehicle owner's status. The service is considered a taxable supply charged at Nil rate, effectively providing a tax exemption for vehicle leasing to transportation agencies.
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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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Frozen Meat Supplies Taxed: GST Applies When Packaging Rules Unmet, Labeling Declaration Missing
Case-Laws
GST
The AAR ruled on GST applicability for frozen meat product supplies. Hotels qualify as industrial consumers under Rule 2(bb) of Legal Metrology (Packaged Commodities) Rules, 2011. However, supplies were not exempted from GST due to absence of 'Not for Retail Sale' declaration on packages. Inter-branch transfers and distributor sales require GST charging since mandatory packaging requirements were not met. The ruling mandates GST application when specific labeling conditions are not fulfilled, emphasizing strict compliance with packaging regulations for potential tax exemption.
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Rule 96(10) Deletion Invalidates Subsequent Proceedings, Halting Administrative Actions Without Saving Clause
Case-Laws
GST
HC held that Rule 96(10) of CGST Rules, being unconditionally omitted without a saving clause, rendered any subsequent proceedings under that rule invalid. The court applied principles from Kolhapur Canesugar Works Ltd, determining that when a rule is deleted without preserving pending proceedings, all actions must cease. Consequently, the HC allowed the writ petition, setting aside the order issued by the respondent, which was passed after the rule's omission, thereby preventing further action under the deleted provision.
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Notification Misinterpretation: GST Paragraph 3(iv) Limited to Pre-GST Contracts, Reimbursement Rights Affirmed for Post-July 2017 Contracts
Case-Laws
GST
HC determined that the respondent authority misconstrued the GST notification's applicability. The court held that paragraph 3(iv) of the notification applies exclusively to pre-GST contracts and cannot be used to deny reimbursement for contracts executed after July 1, 2017, which are governed by paragraph 4. The HC directed the public works department secretary to revisit the petitioner's claim regarding GST payment against gross bills from July 1, 2017 to March 31, 2019, in accordance with GST law, effectively remanding the matter for reconsideration and potential reimbursement.
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Tax Credit Challenge Dismissed: Procedural Defects Noted, Appeal Path Open Under Section 107 with Mandatory Pre-Deposit
Case-Laws
GST
HC dismissed the writ petition challenging tax credit assessment, finding no violation of natural justice. The court noted petitioners failed to substantively contest the main issue of goods supply and input tax credit. While rejecting procedural challenges regarding relied upon documents (RUDs), the HC granted liberty to file an appeal under Section 107 of CGST Act by 15th July, 2025, with mandatory pre-deposit, ensuring merits-based appellate review. The decision emphasizes procedural compliance and substantive argumentation in tax dispute resolution.
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Tax Credit Appeal: Petitioner Must Submit DRC-03A Form to Validate Deposit and Enable Appellate Challenge
Case-Laws
GST
HC ruled on pre-deposit requirements for tax credit appeal. The petitioner was directed to submit Form DRC-03A to the Adjudicating Authority, demonstrating prior tax credit deposit. The authority must issue confirmation within one month, which can then be used as pre-deposit evidence for filing an appeal before the Commissioner (Appeals) challenging the original order. The court effectively provided a procedural mechanism for the petitioner to validate and utilize existing tax credit deposits in the appellate process. Petition was disposed of with specific procedural instructions.
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Contractor Fails to Recover Dues as Evidence Gaps Prevent Claim Validation Under Project Completion Requirements
Case-Laws
GST
HC denied petitioner's claim for outstanding dues due to lack of documentary evidence demonstrating work completion. The court found no substantive proof of project finalization or quantification of claimed amounts. Given disputed factual questions and absence of a completion certificate, the court declined to exercise extraordinary writ jurisdiction under Article 226. Consequently, the petition was disposed of without granting the requested relief.
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Supplier's Tax Registration Validity Upheld, ITC Claim Requires Comprehensive Evidence Review Under GST Provisions
Case-Laws
GST
HC finds that lower authorities failed to adequately examine critical evidence regarding input tax credit (ITC) claim. Despite supplier's subsequent registration cancellation, registration was valid during relevant period. Authorities did not conclusively determine supplier's tax compliance or verify actual goods movement. The court set aside both original and appellate orders, remanding the matter to the adjudicating authority for comprehensive re-examination of documentary evidence and substantive compliance with GST Act provisions, thereby allowing petitioner an opportunity to substantiate ITC claim through proper procedural review.
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Legal Rectification Ordered: Section 73 Application Remanded for Fresh Hearing Within 6 Weeks, Previous Orders Set Aside
Case-Laws
GST
HC remanded the matter back to the proper officer for reconsideration of the rectification application under section 73, directing a fresh hearing within 6 weeks. The court set aside previous orders by the appellate authority and proper officer, mandating completion of the adjudicatory process by departmental authorities prior to appellate review. The writ petition was disposed of without examining the case merits, and the allegations in the petition were not deemed admitted by the respondents.
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Accused in GST Fraud Case Secures Bail Despite Ongoing Investigation, Court Finds Insufficient Direct Evidence
Case-Laws
GST
HC granted regular bail to accused in GST fraud case involving fake firms and fraudulent input tax credit. Despite ongoing investigation and allegations under CGST Act Sections 132(1)(c), 132(1)(b), and 132(1)(i), the court found insufficient evidence directly linking accused to firm management. Considering potential trial duration, absence of substantive evidence, and low flight risk given official witnesses, the court deemed continued detention unproductive. Bail was allowed subject to furnishing requisite bonds and compliance with trial court's conditions, without expressing opinion on case merits.
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GST Appeal Sent Back for Procedural Correction, Ensuring Fair Review and Proper Notification Process
Case-Laws
GST
HC remanded the GST-related appeal back to the Appellate Authority due to procedural irregularities in order notification. The court directed that the original show-cause notice and adjudication order be reissued in the petitioner's name, and mandated uploading of all related orders on the petitioner's portal. The appeal will be reassessed by a different officer to ensure fair review, addressing the technical deficiencies in the initial proceedings without prejudicing the petitioner's substantive rights.
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Writ Petition Succeeds: Export Unit Wins IGST Refund Challenge Due to Procedural Violations in Revenue Department's Demand
Case-Laws
GST
HC allowed the writ petition, quashing the order dated 10.07.2024 concerning IGST refund for an Export Oriented Unit. The court found procedural irregularities in the revenue department's demand, specifically the failure to issue a show cause notice under Section 73 of CGST Act before raising recovery with interest and penalty. The Revenue was directed to follow prescribed statutory procedures, including issuing a show cause notice and providing an opportunity for representation, while keeping other substantive legal issues regarding Rule 96(10) of CGST Rules open for future adjudication.
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Tax Assessment Challenge Dismissed: Procedural Fairness Upheld, Appeal Rights Preserved with 25% Tax Payment Condition
Case-Laws
GST
HC dismissed the writ petition challenging a tax assessment order, finding no violation of natural justice. The court noted that the tax authority provided adequate opportunities for hearing and response prior to issuing the assessment order. The petitioner was granted liberty to file an appeal after offering to pay 25% of the disputed tax amount. The appellate authority was directed to consider the potential appeal on its merits, providing sufficient opportunity to the petitioner without strict adherence to limitation periods. The dismissal was without costs, with connected miscellaneous petitions also being closed.
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Uploading Show Cause Notice Exclusively on GST Portal Deemed Insufficient, Requiring Comprehensive Communication Channels Under Section 169
Case-Laws
GST
HC held that uploading show cause notice solely on GST Portal without alternative communication modes constitutes procedural deficiency. While portal notification is valid service, repeated notices without exploring additional communication channels under Section 169 of GST Act renders service ineffective. The ex parte order lacks substantive compliance, potentially triggering unnecessary litigation. The court set aside the impugned order, emphasizing that administrative authorities must diligently ensure comprehensive notice transmission, preferably through registered post, to uphold principles of natural justice and procedural fairness.
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GST Goods Transportation Case Reveals Critical Procedural Flaws in Vehicle Detention and Documentation Enforcement
Case-Laws
GST
HC adjudicated a GST goods transportation dispute involving vehicle detention and documentation irregularities. The court critically examined the procedural compliance of tax authorities in issuing Form GST MOV-1 and Form MOV-2. Key legal contentions centered on improper invocation of Sections 129 and 130 of the GST Act, particularly regarding goods not being in transit when documentation was issued. The court found significant procedural irregularities in the authorities' approach to goods confiscation and documentation. Consequently, the HC issued a notice returnable on 7th May, 2025, indicating potential procedural challenges to the tax authorities' actions and signaling a potential review of the detention and documentation process.
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GST Return Rectification Denied: Petitioner Ordered to Deposit Additional 5% Tax and File Appeal Within 30 Days
Case-Laws
GST
HC dismissed the writ petition challenging GST return rectification, finding insufficient documentary evidence to substantiate the petitioner's claim of inadvertent double entries. The court held that the tax liability comparison statement was inadequate to prove the alleged errors. While dismissing the petition, the HC granted liberty to the petitioner to file an appeal before the Appellate Authority within 30 days, subject to depositing an additional 5% of disputed tax, bringing the total statutory deposit to 15%. The Appellate Authority is directed to hear and decide the appeal on merits in accordance with law.
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