Goods and Services Tax

High Court Invalidates Rs. 50,330 Tax Recovery, Orders Verification and Re-crediting of Electronic Cash and Credit Ledgers Under GST Act
Case-Laws
GST
HC ruled that the recovery of Rs. 50,330/- from petitioners' electronic cash and credit ledgers was unlawful. The court directed respondents to verify the recovery and re-credit the amounts to petitioners' respective cash/credit ledgers, considering the mandatory pre-deposit under Section 112(8) of the GST Act and the circular dated 11th September, 2024. The writ petition was disposed of without examining the substantive merits, with instructions for immediate rectification of the electronic liability ledger entries for the specified tax periods.
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Petitioner Wins Challenge Against GST Assessment Orders Due to Procedural Flaws and Lack of Fair Hearing
Case-Laws
GST
HC allowed the petition challenging GST assessment orders for 2018-19, finding procedural irregularities in ex-parte orders issued without proper hearing. The court recognized the petitioner's bona fide reasons for non-response to show cause notice and remitted the matter back to the respondent for fresh consideration in accordance with law, directing a comprehensive review of the case while adhering to established GST guidelines and principles of natural justice.
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Judicial Intervention Nullifies Ex-Parte Order, Reinstates Petitioner's Right to Fair Hearing and Natural Justice Principles
Case-Laws
GST
HC set aside ex-parte order due to violation of natural justice principles, specifically lack of proper service of pre-intimation notice and show-cause notice. Despite previous dismissal of petitioner's appeal as time-barred, the court adopted a justice-oriented approach. Recognizing petitioner's claim of bona fide reasons for non-participation, the court remitted the matter to the first respondent. The order directs a fresh consideration of the case, providing the petitioner an opportunity to submit a reply and contest the proceedings in accordance with legal principles.
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Taxpayer Wins Challenge Against Improper GST Refund Rejection, Court Orders Reconsideration Under Rules 89, 90, and 92
Case-Laws
GST
HC allowed the petition challenging the refund claim rejection. The court found that the respondent improperly rejected the refund application in GST RFD-03 by stating refund was not permissible due to voluntary payment. The court quashed the deficiency memo and remanded the matter back to the respondent to reconsider the refund application in GST RFD-01 in accordance with procedural rules, specifically Rules 89, 90, and 92 of GST Rules, and take appropriate action on the application's deficiencies.
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High Court Rejects Bail Modification in GST Fraud Case, Upholds Original Order Based on Investigation Completion and Cooperation
Case-Laws
GST
HC set aside CJM's order regarding bail in a fraudulent GST invoicing case, finding no material change in circumstances warranting release. Despite seeking cancellation of regular bail, the court determined no re-arrest was necessary as the investigation is complete and the respondent has fully cooperated. The respondent demonstrated availability for further statements, and the petitioner department is preparing to file a prosecution complaint. Consequently, the court disposed of the petition, acknowledging significant time had elapsed since the original bail order.
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GST Registration Canceled for Persistent Non-Compliance: Piecemeal Returns Insufficient to Prevent Statutory Penalty Under Rule 22(4)
Case-Laws
GST
HC upheld the cancellation of taxpayer's registration due to non-filing of returns for six consecutive months. Despite filing returns after the show cause notice, the taxpayer failed to submit returns for all six months with requisite tax interest and late fees. The court emphasized that piecemeal return filing does not satisfy the statutory requirement under Rule 22(4) of CGST Rules. The cause of action for registration cancellation remained valid since the taxpayer did not comprehensively rectify the default by submitting all pending returns and associated financial obligations. Consequently, the registration cancellation order was deemed legally justified and the petition was dismissed.
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Apartment Allotment Triggers GST Liability Based on Payments Made During Construction Phase Under Section 7
Case-Laws
GST
HC ruled that the petitioners' apartment/duplex allotment involved GST liability based on payments made during construction period prior to completion certificate. The court determined that contractual agreements and partial consideration paid before project completion on 31.12.2018 triggered service tax obligations under Section 7 and Schedule II of CGST Act, 2017. The transaction's essence, involving payments during construction phase, constituted supply of services requiring GST. Consequently, the respondent-BDA's GST demand was deemed legally valid and the writ petition was dismissed.
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Employers Must Pay GST on Nominal Salary Deductions for Canteen and Transport Services Under Specific Conditions
Case-Laws
GST
The AAR ruled that nominal deductions from employee salaries for canteen and transportation services constitute a “supply of service” under GST. The authority determined that the recovered amounts are taxable, while the employer's perquisite portion remains non-taxable. For canteen services, input tax credit (ITC) is not available, and GST applies to the employee-recovered amount. In the case of non-air-conditioned bus transportation, GST is applicable on the nominal deduction, and ITC can be claimed from the transport service provider. The decision hinges on distinguishing between employer-provided benefits and taxable service recoveries, ultimately establishing a nuanced approach to GST treatment of employee welfare services.
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CBIC Introduces Streamlined GST Registration Process with Clear Verification Guidelines and Standardized Timelines
Circulars
GST
The CBIC issued comprehensive instructions for processing GST registration applications, establishing clear guidelines for tax officers to streamline and standardize the verification process. Key directives include: (a) accepting one documentary proof for principal place of business ownership, (b) restricting additional document requests, (c) mandating registration approval within 7-30 days depending on risk assessment, and (d) prohibiting presumptive queries unrelated to submitted documents. Officers must carefully scrutinize applications, avoid unnecessary delays, and ensure genuine applicants are not harassed while preventing fraudulent registrations. The instructions aim to create a transparent, efficient GST registration mechanism with defined timelines and reduced administrative discretion.
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Claims that Government is considering levying Goods and Services Tax (GST) on UPI transactions over Rs.2,000 are completely false, misleading, and without any basis
GST
Dated:- 19-4-2025

The claims that the Government is considering levying Goods and Services Tax (GST) on UPI transactions over Rs.2,000 are completely false, misleading, and without any basis. Currently, there is no such proposal before the Government.
GST is levied on charges, such as the Merchant Discount Rate (MDR), relating to payments made using certain instruments.
Effective January 2020, the Central Board of Direct Taxes (CBDT) has removed the MDR on Person-to-Merchant (P2M) UPI transactions through the Gazette Notification dated 30th December

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E-way Bill Violation: Invalid Documentation Leads to Penalty Confirmation for Goods Transportation Under GST Regulations
Case-Laws
GST
HC upheld the penalty order for non-compliance with e-way bill requirements under the Uttar Pradesh GST Act, 2017. The goods were intercepted on 19.01.2023 with invalid e-way bills: one bill was for a different vehicle than declared, and the other had expired prior to transportation. The Court followed precedential rulings establishing that absence of a valid e-way bill creates a rebuttable presumption of tax evasion. The petitioner failed to provide sufficient evidence to rebut this presumption. Consequently, the Court dismissed the petition, affirming the mandatory nature of e-way bill compliance post-01.04.2018 and sustaining the imposed penalty.
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Universities Exempt from GST on Affiliation Fees as Non-Commercial Regulatory Activities Under Section 7 of CGST Act
Case-Laws
GST
HC adjudicated the jurisdictional dispute regarding GST levy on university affiliation fees. The court determined that university's statutory affiliation activities do not constitute a commercial transaction under Section 7 of CGST Act. Fees collected for affiliation, PG registration, and convocation are regulatory in nature, lacking commercial intent, and therefore not amenable to GST. The court found no jurisdictional basis for the show cause notice, emphasizing that the university's primary educational function precludes treating incidental transactions as business activities. Consequently, the HC allowed the petition, invalidating the proposed GST demand on the university's regulatory fees.
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High Court Rules Physical Tax Invoice Essential for Goods Transport Under WB GST Rules, Electronic Display Insufficient for Statutory Compliance
Case-Laws
GST
HC held that under West Bengal GST Rules, 2017, a physical tax invoice is mandatory during goods transportation. While electronic display was attempted, it did not constitute statutory compliance with Rule 138A(1)(a). The court noted no evidence of tax evasion intent and referenced prior precedent in Ashok Sharma case. Critically, the revenue authority did not dispute tax invoice authenticity or allege tax payment default. Consequently, the court set aside the penalty order, finding Section 129 invocation unjustified without demonstrable tax evasion intention. The appellate authority's order affirming the original penalty was quashed, and the petitioner was deemed entitled to penalty refund.
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Renting Property to Social Justice Department for Girls' Hostel Qualifies as Exempt Service Under GST Notification 12/2017
Case-Laws
GST
The AAR determined that renting immovable property to the Social Justice and Special Assistance Department for a girls' hostel constitutes an exempt service under GST. The service falls within constitutional functions related to Panchayat (Article 243G) and Municipality (Article 243W) provisions. Since the activity involves residential accommodation for backward class girls, it qualifies for tax exemption as per Notification No. 12/2017-Central Tax (Rate). The service is considered a pure service without goods supply, and therefore, is completely exempt from GST levy.
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Employee Service Recoveries Taxable Under GST: Canteen and Transport Charges Subject to Specific Rate Structures
Case-Laws
GST
The AAR ruled that recoveries from employees for canteen and transportation services are taxable under GST laws. Transportation services fall under SAC 9964, taxable at 5% without ITC or 12% with ITC. The taxable value is limited to the actual amount recovered from employees, with the perquisite portion considered non-taxable. Notice pay recoveries for premature employment termination are not considered taxable, as they are penalties designed to discourage non-serious employment candidates. The ruling clarifies the tax treatment of various employee-related recoveries, emphasizing the distinction between recoveries, perquisites, and penalty payments.
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Employee Canteen and Transportation Services Trigger Complex GST Implications for Salary Deductions and Benefit Provisions
Case-Laws
GST
The AAR ruled that deductions from employee salaries for factory canteen services constitute a taxable supply under Section 7 of CGST Act, 2017. Recoveries from employees are liable for GST as consideration for canteen services. ITC is not available for catering services under Section 17(5)(b). Regarding transportation services, the AAR determined that employee bus transportation provided as a contractual perquisite is not a GST supply. ITC is also disallowed for transportation services under Section 17(5)(g), as these are considered personal consumption services not mandated by statutory obligations. The decision effectively distinguishes between taxable and non-taxable employee benefits within the GST framework.
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Land Rights Transfer Triggers 18% GST, Covering Leasehold, Buildings, and Infrastructure Under Comprehensive Service Classification
Case-Laws
GST
The AAR held that: (i) assignment of leasehold land rights constitutes a taxable service under GST Laws, classifiable as “Other miscellaneous service” (SAC 999792) and taxable at 18%; (ii) transfer of building does not qualify as a separate goods or services transaction, but is part of leasehold rights assignment, also taxable at 18%; and (iii) sale of plant and machinery qualifies as goods supply, with GST applicable based on input tax credit rules or agreed price, subject to Section 18(6) of CGST Act. The ruling emphasizes that leasehold rights transfer, including associated buildings and infrastructure, is a comprehensive service subject to GST taxation.
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Taxpayer Wins Challenge to Input Tax Credit Denial, Court Orders Comprehensive Review of Transaction Evidence Under Section 16(2)(b)
Case-Laws
GST
HC allowed the petitioner's challenge to the rejection of ITC claim, finding a procedural error in the original orders. The court determined that physical movement of goods is not the sole criterion for ITC eligibility. The matter was remanded to the Deputy Commissioner to re-examine the case, specifically focusing on verifying the memorandum of understanding between the dealer and supplier, and assessing the documentation related to goods delivery. The court directed a fresh review of the ITC claim under Section 16(2)(b) of CGST Act, emphasizing the need for comprehensive examination of transaction details and supporting evidence.
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Accused in Fraudulent ITC Case Secures Conditional Bail Following Comprehensive Investigation Review and Preliminary Allegations Assessment
Case-Laws
GST
HC grants bail to accused in fraudulent ITC case after considering investigation completion, potential five-year maximum sentence, and pending trial. The court recognized the applicant's ongoing incarceration and noted that the specific role in creating fake firms remains an evidentiary matter. Bail was conditionally granted, acknowledging the preliminary nature of allegations and the absence of trial commencement. The decision reflects a balanced approach to pre-trial detention, prioritizing the applicant's liberty while maintaining judicial oversight through prescribed bail conditions.
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Geo Membrane Water-Proof Lining Classified as Technical Textile Under Tariff Item 59111000 with 12% GST Rate
Case-Laws
GST
AAR held that Geo Membrane for Water Proof Lining-Type-II is classifiable under Tariff Item 59111000, a textile article laminated with plastic used for technical purposes. The product comprises HDPE woven fabrics manufactured with specific weaving patterns to create water-impermeable characteristics. Despite involving plastic components, the item does not fall under Chapter 39's residuary entries but is specifically classified under Chapter 59. Consequently, the product attracts 12% GST rate, recognizing its technical textile nature and specialized manufacturing process involving precise weaving and lamination techniques.
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CBIC issues revised instructions for processing applications for GST registration by CBIC formations
GST
Dated:- 18-4-2025

Revised guidelines to field formations will reduce compliance burden on taxpayers and facilitate transparency
Several grievances have been received by the Central Board of Indirect Taxes and Customs (CBIC), Department of Revenue, Ministry of Finance, regarding difficulties being faced by applicants during the GST registration process, mainly on account of queries raised by officers on the grounds of seeking additional documents.
To resolve these grievances and to smoothen GST registration process, CBIC has issued instructions on 17th April, 2025 (Instruction No. 03/2025-GST) to the officers for proc

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Clubs and Associations Win: Retrospective Tax Amendments Struck Down, Mutuality Principle Preserved Under CGST and KGST Acts
Case-Laws
GST
HC held that amendments to CGST and KGST Acts regarding deemed supply of services by clubs/associations to members are unconstitutional. The court determined that the principle of mutuality survives constitutional interpretation, and the retrospective amendments violate the Rule of Law. The statutory provisions improperly expanded the definition of “supply” and “service” without constitutional basis. The amendments were declared void, with the court emphasizing that legislative actions must respect fairness and cannot impose unexpected tax liabilities retrospectively. The judgment upholds the principle that taxation mechanisms cannot arbitrarily redefine fundamental legal concepts without appropriate constitutional amendments.
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GST Rate Reduction Not Automatically Applicable: Council Recommendation Insufficient Without Formal Notification
Case-Laws
GST
HC ruled on GST rate applicability for works contract services. The retrospective reduction of GST rate from 18% to 12% recommended by GST Council on 5th August, 2017 was not legally binding until formal notification on 21st September, 2017. The court held that the original GST rate of 18% prescribed in the 8th July, 2017 notification remained valid for tenders submitted before the final notification date. The GST Council's recommendation alone cannot be construed as a statutory rate change, particularly considering constitutional provisions. Consequently, the petitioner's claim for retrospective rate reduction was rejected, and the petition was dismissed.
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Bail Granted in Tax Fraud Case: Procedural Lapses Expose Critical Flaws in Arrest Mechanisms Under Criminal Procedure Code
Case-Laws
GST
HC allows bail for accused involved in fake invoice tax fraud, finding procedural irregularities in arrest. The court determined that mandatory provisions under Cr.P.C. and BNSS were not followed, specifically Sections 41/41A and 47/48, which violated constitutional protections under Articles 21 and 22(1). Considering substantial investigation progress and collected documents, further custodial interrogation was deemed unnecessary. Bail granted upon furnishing a bond of Rs. 50,000 with an equivalent surety, subject to CJM's satisfaction, effectively releasing the accused from custody due to technical non-compliance in arrest procedures.
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Systematic Denial of Personal Hearing Violates Natural Justice, Rendering Ex-Parte Proceedings Under Section 75(4) Invalid
Case-Laws
GST
HC held that systematic failure to provide personal hearing violates principles of natural justice under Section 75(4) of GST Act, 2017. The ex-parte assessment and cancellation of GST registration without ensuring personal service of notices constitutes procedural impropriety. The court critically emphasized the recurring administrative malpractice of uploading notices on portal without guaranteeing actual service. Consequently, the matter was remanded to the Joint Commissioner SGST, Corporate Circle-1, Ghaziabad to pass a fresh order after affording petitioner a proper opportunity of personal hearing, thereby allowing the petition and rectifying the procedural defect.
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