Goods and Services Tax

Writ petition dismissed as effective statutory appeal remedy available to Commissioner Central Tax Appeal
Case-Laws
GST
The HC dismissed the petition on maintainability grounds, holding that an effective alternate remedy existed through statutory appeal to the Commissioner, Central Tax (Appeal) against the adjudicating authority's order. While acknowledging that the rule against entertaining Article 226 petitions when statutory appellate remedies are available is not rigid and exceptions exist per Supreme Court precedents, the court found no exceptional circumstances warranting intervention. The appellant received adequate opportunity to present submissions both before and after the show cause notice, with statements recorded and replies submitted during adjudication under statutory provisions. No violation of natural justice principles occurred. The appeal was dismissed with no grounds found to interfere with the Single Bench order.
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Petitioner gets partial relief as penalty under Section 74 GST requires fresh consideration after amnesty settlement
Case-Laws
GST
The HC disposed of the petitioner's challenge to an assessment order after the petitioner discharged tax liability and interest under an amnesty scheme settlement. The court balanced revenue and petitioner interests by remitting the matter to the first respondent for reconsideration of the penalty imposition under Section 74 of the GST enactment only. While the petitioner had settled the primary tax liability and interest components through the amnesty scheme, the court directed fresh consideration specifically regarding the penalty component, effectively providing partial relief to the petitioner while protecting revenue interests in the underlying tax assessment.
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GST Section 129 penalty reduced for technical breach, export incentives allowed despite procedural violations
Case-Laws
GST
The HC allowed the writ petition concerning GST penalty under Section 129. The petitioner had violated prescribed conditions but had voluntarily paid the penalty and successfully exported goods. The court determined that while the petitioner was liable for proceedings under Section 129, a lesser penalty was justified. The HC held that export incentives cannot be denied for technical and venial breaches, citing precedent that such minor violations should not result in denial of legitimate benefits. Despite availability of alternate appellate remedy under Section 107, the court exercised jurisdiction to prevent unnecessary litigation. The respondents were directed to appropriate Rs. 25,000 from the amount already paid by petitioner and allow adjustment of the balance against future tax liability.
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HC quashes dismissal of ITC rectification application under Section 16 TNGST/CGST Act directing fresh consideration
Case-Laws
GST
HC allowed the writ petition challenging dismissal of rectification application concerning ITC entitlement under TNGST/CGST Act 2017. Court found petitioner established prima facie case for interference, noting amendments to Section 16 and potential limitation issues under Section 14 of Limitation Act 1963 favoring petitioner. HC observed respondent summarily rejected rectification application against assessment order without proper discussion or consideration of merits. Consequently, HC quashed the impugned order and directed respondent to pass fresh order after examining petitioner's submissions on merits. Petition disposed of with directions for reconsideration.
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Revenue authority's rejection of rectification application quashed due to factual error about petitioner's timely response
Case-Laws
GST
HC quashed the impugned order rejecting petitioner's rectification application due to procedural error. The revenue authority incorrectly stated petitioner failed to reply to show cause notice, despite petitioner's timely response dated 22.01.2025 being duly acknowledged in Form GST DRC 06. Court found petitioner established grounds for judicial interference as the order contained factual inaccuracy regarding non-response. Matter remitted to respondent authority with directions to pass fresh order on merits within three months, ensuring petitioner's reply is considered and hearing opportunity provided. Petition allowed by way of remand, emphasizing adherence to principles of natural justice in administrative proceedings.
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GST assessment orders upheld despite claimed clerical errors causing Rs 4.41 crore turnover suppression
Case-Laws
GST
The HC dismissed a writ petition challenging GST assessment orders under Section 73(9) CGST/BGST Act, 2017. The petitioner claimed clerical errors caused turnover suppression totaling Rs.4,41,27,934.50 across December 2018 and January 2019 returns, with mismatches between GSTR-3B and GSTR-1 filings. The assessing authority quantified liability for suppressed turnover, wrongful input tax credit utilization, and delayed tax payment. The appellate authority found insufficient evidence per clarificatory circular dated 27.02.2022 and Section 16(2). The HC held the assessment orders contained no natural justice violations or jurisdictional errors, noting available statutory remedy before the Tribunal. The Court declined to exercise extraordinary writ jurisdiction where adequate alternative remedies existed.
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Tax authority order set aside for failing to credit 58% differential amount remitted through electronic ledger
Case-Laws
GST
The HC set aside the tax authority's order dated 07.05.2024 confirming the entire original tax demand against the petitioner. The court found that the impugned order failed to consider that petitioner had remitted 58% of the differential amount through electronic credit ledger debit. The HC held that no credit was given for this substantial remittance, necessitating reconsideration. The matter was remanded to the first respondent with directions to reconsider the tax demand after providing reasonable opportunity to the petitioner and accounting for remittances made via electronic credit ledger debit. The petition was disposed of by way of remand.
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Plastic Rooter Trainer Cups classified under CTH 3926 90 99 not HSN 8201 90 00, GST rate 18%
Case-Laws
GST
The AAR classified plastic Rooter Trainer Cups used for plant propagation under CTH 3926 90 99 rather than HSN 8201 90 00. The Authority determined that since the product is manufactured from plastic, it falls under Chapter 39 “Plastics and Articles thereof” of the Customs Tariff. The cups did not qualify under any specific 4-digit headings within Chapter 39, thus falling under the residual heading 3926 “Other Articles of Plastics” and subsequently under sub-heading 3926 90 99. The Authority rejected classification under Chapter 8201 as the product neither qualifies as agricultural implements nor meets the manually operated or animal-driven criteria for exemption. The applicable GST rate is 18% (9% CGST + 9% SGST) under Schedule III, Serial Number 111 of the relevant notification.
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Auctioneer's commission on cardamom auctions liable to GST despite exemption claims for agricultural commission agents
Case-Laws
GST
The AAR held that commission earned by an auctioneer for conducting cardamom auctions is liable to GST at applicable rates. The applicant provided comprehensive services including storage, grading, pooling cardamom from different origins, and converting them into auction lots, beyond merely facilitating sales. The Authority rejected the argument that “auctioneer” and “commission agent” are interchangeable terms under exemption Entry 54(g) of Notification 12/2017, emphasizing strict interpretation of exemption notifications. The services were classified under SAC codes 996111/996211 relating to wholesale/retail trade commission services under Entry 5 of Notification 11/2017, which supersedes the general exemption. The specific entry for auction commission services prevails over general exemption provisions for agricultural produce commission agents.
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Assessment order set aside for violating natural justice despite GST Portal service under Section 169
Case-Laws
GST
The HC set aside the respondent's assessment order dated 06.02.2025 for violating principles of natural justice. Although the show cause notice was uploaded on the GST Portal, the petitioner claimed non-awareness and lack of personal hearing opportunity. The Court held that while portal service is sufficient, the officer should have explored alternative service modes under Section 169 of the GST Act when no response was received, rather than merely fulfilling empty formalities. The matter was remanded for fresh consideration conditioned upon petitioner paying 25% of disputed tax amount within four weeks. The order's setting aside takes effect from payment date. Petition disposed through remand.
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Medical officer leave fees non-taxable under GST but inspection fees from institutions attract 18% GST under Section 7
Case-Laws
GST
The AAR held that fees collected from medical officers for Leave Without Allowance do not constitute taxable supply under GST. Such fees arise from employer-employee relationships governed by service rules and serve as administrative deterrent measures rather than consideration for services rendered. No contractual obligation exists to provide goods or services, making these collections non-taxable under Section 7 of CGST Act 2017. Conversely, inspection fees collected from self-financing medical institutions for facility assessments and issuing NOCs/ECs constitute taxable supply at 18% GST. These regulatory services enable commercial educational operations and fall under SAC 999799 rather than education services, attracting standard GST rates per notification 11/2017-Central Tax.
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Third-party marketing organization denied GST exemption on yoga course fees due to failure proving pure agent status under Rule 33.
Case-Laws
GST
AAR held that third-party organization marketing exempted yoga courses cannot claim GST exemption on yoga course fees collected on behalf of yoga institutions. While Rule 33 CGST Rules 2017 permits exclusion of amounts collected by pure agents, applicant failed to provide documentary evidence establishing compliance with mandatory conditions including contractual arrangements authorizing expense incurrence, separate invoice indication, and strict cost pass-through without markup. Without demonstrating pure agent status within Rule 33 parameters, GST exemption on yoga course fee component was denied. Organization remains liable for GST on entire transaction value including collected fees despite underlying yoga courses being exempt.
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AAR clarifies GST exemption for medical supplies depends on composite supply bundling with healthcare services
Case-Laws
GST
The AAR ruled on GST exemption applicability for medical supplies under N/N. 1/2017-Central Tax (Rate). For inpatients, medicines and medical supplies naturally bundled with healthcare services qualify as composite supply, making the entire transaction GST-exempt under Entry 74 of Notification 12/2017. For outpatients receiving treatment within hospital premises (dialysis, chemotherapy, minor surgeries), supplies remain exempt when naturally bundled with healthcare services, as law creates no distinction between inpatients and outpatients. However, medicines prescribed for home consumption and follow-up care are taxable, as hospital involvement is limited to prescribing without continuous treatment supervision, failing to constitute composite supply. When GST is collected on exempt supplies, it must be remitted per Section 76 CGST Act 2017.
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Purified drinking water supplied via tanker lorries qualifies for GST exemption under Serial No. 99
Case-Laws
GST
AAR ruled that potable drinking water supplied through tanker lorries to government institutions and private customers qualifies for GST exemption under Serial No. 99 of Notification 02/2017-Central Tax (Rate). The applicant collected water from wells, conducted purification through filtration and chlorination to meet drinking water standards, and supplied in bulk quantities via tankers with 2,000-30,000 kiloliter capacity. The Authority determined that basic purification methods like chlorination and filtration used by public utilities do not disqualify the water from exemption, and since water was not supplied in sealed containers but transported in bulk through tankers, it falls within the exempted category under the GST framework.
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Proportionate refund from cancelled pre-GST lease agreement not taxable under GST as no supply involved
Case-Laws
GST
AAR held that proportionate refund received by the applicant upon cancellation of a pre-GST lease agreement is not taxable under GST. While property leasing constitutes supply of service, lease cancellation itself does not constitute taxable activity under CGST Act. Relying on CBIC Circular No. 178/10/2022-GST regarding coal block cancellation compensation, AAR determined that refund for unexpired lease period does not involve any supply of service as defined under Section 7 of CGST Act, 2017. The transaction merely constitutes return of consideration for unutilized period rather than agreement to perform, refrain from, or tolerate any act, thus falling outside GST liability.
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Street lighting repair and maintenance services to Municipality qualify for GST exemption under Notification 12/2017-Central Tax
Case-Laws
GST
AAR ruled that the applicant's street lighting repair and maintenance services provided to Kayamkulam Municipality qualify for GST exemption under Serial No. 3A of Notification 12/2017-Central Tax (Rate). The Municipality constitutes a local authority under Section 2(69) of CGST Act, 2017, as defined in Article 243P of the Constitution. Since the services relate to constitutional functions under Articles 243G and 243W, and goods value remains below 25% of total contract value, the supply attracts NIL rate of tax. The exemption applies to pure services or composite supplies where goods component does not exceed 25%. If exemption were inapplicable, services would fall under SAC Heading 9987 for maintenance and repair services.
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GST registration cancellation quashed due to vague show cause notice violating natural justice under Section 29(2)(e)
Case-Laws
GST
HC set aside petitioner's GST registration cancellation under Maharashtra Goods and Services Tax Act, 2017, allowing the writ petition despite availability of alternative remedy. The show cause notice was deemed vague and deficient for merely citing Section 29(2)(e) regarding fraud, willful misstatement or suppression of facts without specifying the alleged misconduct or providing hearing date/time details. Court held that noticee must be apprised of specific allegations to mount effective defense. While alternative statutory remedies generally preclude writ jurisdiction, HC recognized established exception for gross violations of natural justice principles. The defective notice constituted procedural unfairness in decision-making process, warranting judicial intervention regardless of available appellate mechanisms. Registration cancellation order quashed for violating audi alteram partem rule.
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Chhattisgarh CM warns against GST frauds, says revenues vital for development
GST
Dated:- 2-7-2025
PTI
Raipur, Jul 2 (PTI) Chhattisgarh Chief Minister Vishnu Deo Sai on Wednesday noted public revenues are vital for development of a state and the country as he warned of action against entities resorting to Goods and Services Tax (GST) frauds.
He made the remarks while presiding over a review meeting of the Commercial Tax (GST) department at Mantralaya's Mahanadi Bhavan, said an official statement.
At the meeting, officials informed that Chhattisgarh registered an impressive 18 per cent increase in GST collection in the financial year 2024-25 as compared to the previous fiscal, becoming the top state in terms of annul growth in

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Bail granted for tax evasion charges under GST Act Sections 132 after considering custody period and health issues
Case-Laws
GST
HC granted bail to petitioner charged under Sections 132(l)(a), (e), (f) and (I) read with Section 132(l)(i), 132(iv)(5) of Central Goods and Services Tax Act, 2017 for alleged tax evasion through sale of tyres and tubes below market value. Court considered petitioner's two-and-half months judicial custody since April 2025, filing of charge-sheet in May 2025, age-related health issues, and precedents including Vineet Jain. Court noted evidence would be primarily documentary and electronic with official witnesses, eliminating tampering concerns, and anticipated lengthy trial proceedings. Bail granted on personal bond of Rs. 5,00,000 with two sureties of equal amount, subject to trial court satisfaction and imposed conditions under Section 483 BNSS.
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GST registration cancellation overturned due to violation of natural justice principles under Section 29(2)(c)
Case-Laws
GST
HC disposed of writ petition challenging GST registration cancellation under Section 29(2)(c) for non-furnishing returns for six months. Court found violation of natural justice principles as no personal hearing date was notified to petitioner. HC directed petitioner to approach concerned authority within two months seeking restoration by filing pending returns and paying tax dues with interest and late fees. Court held that if petitioner complies with proviso to Rule 22(4) of CGST Rules 2017, authority must consider restoration application expeditiously in accordance with law, given serious civil consequences of registration cancellation.
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Petitioner can challenge pre-show cause notice and avail amnesty benefits under Section 128A before June 2025
Case-Laws
GST
HC allowed petitioner to challenge pre-show cause notice dated 18th July 2024 in Form GSTDRC-01A under Section 74 of WBGST/CGST Act 2017 regarding alleged fraudulent input tax credit availment for 2019-20. Court granted liberty to petitioner to avail Amnesty Scheme benefits under Section 128A before expiry on 30th June 2025, without prejudice to parties' rights in writ petition. If petitioner applies for amnesty benefits, authority shall permit such benefits by treating show cause notice dated 5th February 2025 as issued under Section 73. All subsequent steps including tax deposit shall abide by petition's outcome. Respondent directed to file affidavit-in-opposition within six weeks.
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Interim bail granted for GST arrest under Section 132(1) due to procedural defects in communicating arrest reasons
Case-Laws
GST
HC granted interim bail to petitioner arrested under Section 132(1) of Assam GST Act, 2017 for allegedly passing Input Tax Credit on invoices without actual supply of goods. Court held arrest procedurally infirm due to non-compliance with mandatory provisions of Section 41/41-A CrPC corresponding to Section 35(3) BNSS. Though grounds of arrest were communicated under Section 69 CGST Act, authorities failed to communicate “reasons to believe” to petitioner, which constitutes substantive safeguard rather than mere formality. Court noted petitioner remained in judicial custody since 10.06.2025 without any prayer for custodial interrogation or police remand by authorities. Non-communication of foundational reasons vitiated arrest process and undermined legal safeguards, rendering arrest procedurally defective warranting interim bail relief.
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Show cause notice and consequent order upheld, petitioner directed to pursue Section 107 appeal remedy
Case-Laws
GST
HC dismissed the petition challenging show cause notice and consequent order along with notifications 9/2023-Central Tax, 56/2023-Central Tax, and 56/2023-State Tax. Petitioner alleged impugned order was passed hastily without considering their reply and documents, violating natural justice principles. Court examined submissions and impugned order, finding it was passed after due consideration of petitioner's reply. HC determined the order did not warrant judicial interference and directed petitioner to pursue remedy before appellate authority. Court granted extension until 15th July 2025 for filing appeal under Section 107 of Central Goods and Service Tax Act 2017. Petition disposed of with direction to exhaust statutory appellate remedy.
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Refund claim and input tax credit allowed after Section 16(5) retrospective amendment extended filing deadlines
Case-Laws
GST
HC set aside orders of appellate authority and proper officer rejecting petitioner's partial refund claim and input tax credit entitlement. Court held that insertion of Section 16(5) in WBGST/CGST Act, 2017 with retrospective effect from 1st July, 2017 significantly altered scope of Section 16(4) application. The amendment extended filing deadline for returns under Section 39 for tax periods 2017-18 through 2020-21 until 30th November, 2021. Orders dated 21st February, 2024 and 14th April, 2023 were unsustainable given retrospective statutory changes. Matter remanded to proper officer for re-adjudication considering Section 16(5) insertion. Petition disposed of favorably for petitioner.
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HC sets aside order allowing petition against Assessing Officer's unauthorized debit from cash ledger under Section 107(7)
Case-Laws
GST
The HC set aside the respondent's order dated 03.09.2024 and allowed the petition. The court held that the Assessing Officer's unilateral debit from the petitioner's cash ledger toward disputed interest amounts was erroneous, without jurisdiction, and contrary to Section 107(7) mandate. The court determined that where an appellant has paid amounts under sub-section (6), recovery proceedings for balance amounts are deemed stayed per Section 107(7). Consequently, the unilateral debit undertaken by the Assessing Officer was impermissible, rendering the rejection order unsustainable and liable to be set aside.
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