Goods and Services Tax

Pure Agent Status Confirmed: No GST on Electricity Cost Recovery When Landlords Pass Through Actual Charges Under Rule 33(a)
Case-Laws
GST
AAR ruled that reimbursement of electricity charges collected on actual basis from sub-lessees is not subject to GST. The applicant, acting as a pure agent under Rule 33(a), merely recovers the exact electricity costs charged by electricity boards/DISCOMs from sub-lessees. Evidence showed the applicant's invoices matched the original electricity bills, demonstrating a pass-through arrangement. Following recent GST clarifications, property owners and managers collecting actual electricity costs are deemed pure agents for this supply. The reimbursement amount is excluded from the value of supply, and consequently, no GST liability arises on such electricity charge recoveries.
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Supply of Veterinary Unit Staff on Contract Basis Not Exempt from GST as Healthcare Service Under 12/2017-CT
Case-Laws
GST
AAR ruled that supply of Mobile Veterinary Unit (MVU) personnel on contractual basis for implementing veterinary healthcare schemes does not qualify for GST exemption under N/N. 12/2017-Central Tax (Rate). The authority distinguished between direct veterinary services and manpower supply, noting that the applicant merely provides contractual staff to the implementing agency rather than operating as a veterinary clinic. The ruling established that two separate supplies occur: first between applicant and implementing agency, then between agency and government department. Since the applicant's service constitutes manpower supply rather than direct veterinary healthcare, it falls outside the scope of exemptions under notification entries 3, 3A, 5, 6, and 46.
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Input Tax Credit Appeal Delay Condoned After Appellant Deposits 10% Pre-requisite Amount Under Section 107(6b) CGST Act
Case-Laws
GST
HC determined the appeal delay was justifiable in a GST input tax credit dispute. The appellant had deposited pre-requisite amounts before formal appeal dismissal. Manual filing was permissible in December 2022 with no prohibition notifications. Electronic filing was impossible until the order's upload on GST portal on 17.01.2023. The appellant complied with Section 107(6b) of CGST Act by depositing Rs.82,000 in GST Electronic Cash Ledger and submitting via speed post. The Court condoned the delay, noting substantial compliance with statutory requirements including 10% pre-deposit of tax liability. The procedural delay was deemed insufficient grounds for dismissal given the appellant's efforts to meet statutory obligations. Petition allowed.
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Government Must Reimburse 6% GST Rate Difference After Rate Hike From 12% to 18% Within Three Months
Case-Laws
GST
HC ruled on GST reimbursement dispute between petitioner and government entity. Acknowledging State GST Department's confirmation of rate increase from 12% to 18%, court directed respondent to reimburse petitioner for differential GST amount of 6% for period January 1-24, 2022. Payment must be made within three months of certified order copy receipt. Non-compliance will attract 6% per annum interest from entitlement date. Court disposed petition despite alternative remedy availability under Arbitration Act, considering direct involvement of GST authorities and rate enhancement confirmation.
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Industrial Policy Benefits Must Be Extended Within 3 Months As Per Modified Clauses 9(a) and 9(b)
Case-Laws
GST
HC directed respondents to extend industrial promotion policy benefits to petitioner within 3 months. While respondents acknowledged petitioner's construction investment per appellate authority's order dated 05/01/2022, they denied benefits under Clauses 9(a) and 9(b) of 22/06/2018 policy, citing ineligibility under 2014 policy. Court noted that post-GST implementation, State issued circular dated 22/06/2018 modifying previous policy. Finding respondents' denial unjustified, HC mandated compliance with appellate authority's order, requiring extension of benefits as per modified policy provisions.
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Municipal Property Tax Reimbursements from Lessees Must Include GST on Total Value Under Section 15 of GST Act
Case-Laws
GST
Municipal property tax reimbursements by lessee/occupier are subject to GST as part of the taxable value of supply under Sec 15 of GST Act. AAR ruled that municipal taxes levied under Kolkata Municipal Corporation Act 1980, being distinct from CGST/WBGST/UTGST/GST Compensation Acts, must be included in the supply value for GST calculation. The authority determined that the total taxable value comprises both the municipal property tax component and the base supply value, with GST applicable on the aggregate amount. This interpretation aligns with the valuation principles established under GST legislation for comprehensive tax assessment on reimbursement transactions.
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GST collection rises by 20pc to Rs 9,925 cr in Feb
GST
Dated:- 3-3-2025
PTI
Chandigarh, Mar 3 (PTI) Gross GST revenue in Haryana rose by 20 per cent to Rs 9,925 crore in February 2025 from Rs 8,269 crore in the same month of last year, an official release said.
The Excise and Taxation Department, Haryana, has achieved significant growth in the collection of Goods and Services Tax (GST), the release said.
In February 2025, Gross GST revenue of Rs 1,83,646 crore was collected in the country, which is 9.1 per cent more than the GST revenue of the same month last year, it said.
“At the same time, the gross GST collection in Haryana in February 2025 is Rs 9,925 crore, while in February 2024, it was Rs 8,269 crore, which shows an i

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Advisory: Enhancements in Biometric Functionality – Allowing Directors to Opt for Biometric Authentication in Their Home State
GST
Dated:- 3-3-2025

Dear Taxpayers,
You may be aware that new GST registration applicants who opt for Aadhaar authentication are required to undergo the process either through OTP verification or Biometric Authentication at a designated GST Suvidha Kendra (GSK), based on system-driven data analysis. To facilitate a seamless process, GSTN provides a slot booking facility, with the link shared in the intimation email sent to the applicant.
As per the existing system, applicants selected for Biometric Authentication must visit the designated GSK mapped to their jurisdiction. However, GSTN has now introd

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any GSK in their Home State through this email.
2. To avail of this option, such Promoter/Director must follow the instructions provided in the intimation email and select a GSK within their home state.
3. The selection of a GSK in the Home State is a one-time facility and cannot be changed once selected. Promoters/Directors are advised to choose their GSK carefully.
4. This facility is currently available in 33 States/UTs where Biometric Authentication has been enabled. It will soon be extended to the remaining three states: Uttar Pradesh, Assam, and Sikkim. Such Promoters/Directors whose Home State is other than Uttar Pradesh, Assam, or Sikkim can opt for any GSK in their Home State.
5. Upon selection of a Home-State GSK, the Promote

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Gross and Net GST revenue collections for the month of Feb, 2025
GST
Dated:- 3-3-2025

Please click on the link below to view the gross and net GST revenue collections for the month of Feb

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GST Show-Cause Notices Without Physical or Digital Signatures of Proper Officer Declared Invalid Under Rule 142
Case-Laws
GST
HC ruled that GST show-cause notices and final orders lacking physical or digital signatures of the Proper Officer are legally invalid. The court emphasized that Rule 142 of GST Rules mandates prescribed Forms requiring signatures, making it a statutory requirement rather than optional. The presence of signature fields in DRC-01 and DRC-07 forms establishes this as a mandatory element. Section 160 of GST Act regarding procedural defects does not protect unsigned notices. The court aligned with precedents from other High Courts and IT Act provisions requiring proper authentication of electronic records. Consequently, the impugned notices and orders without Proper Officer signatures were held invalid and the petition was allowed.
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Bank Account Provisional Attachment Under GST Section 83 Upheld After Hearing Objections and Passing Reasoned Order
Case-Laws
GST
HC dismissed writ petition challenging provisional bank account attachment. Petitioner was granted hearing opportunity per earlier court directive and filed objections, which authorities rejected on October 30, 2024. Show cause notice under Sec. 74 was adjudicated with final order issued. Provisional attachment justified under Sec. 83 for one year until July 7, 2025. Court held petitioner has statutory alternative remedy to file appeal against Sec. 74 order. Petition dismissed with liberty to approach appellate authority according to law. Principles of natural justice not violated as reasoned order was passed after hearing petitioner's objections.
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IGST Refund Rejection Order Overturned: Exporter Not Given Fair Chance to Explain Data Mismatch Under Rule 96(4)
Case-Laws
GST
HC set aside refund rejection order under GST RFD-06 concerning export transactions with IGST payment. Petitioner, a manufacturer-exporter, made zero-rated supplies under Section 16 of IGST Act, 2017, through invoices dated April 17 and June 3, 2023, with corresponding shipping bills. Refund was withheld under Rule 96(4) due to data mismatch between shipping bills and GSTR-1. Court found violation of natural justice principles as petitioner wasn't given adequate opportunity to respond to show cause notice. Emphasizing benefit of doubt doctrine, HC invalidated refund rejection order dated September 25, 2024, directing fresh consideration of refund claim after providing proper hearing opportunity.
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Tax Appeal Filed on 90th Day Counted from Email Date Cannot Be Rejected When Original Order Was Two Days Earlier
Case-Laws
GST
HC overturned dismissal of tax appeal that was rejected due to two-day filing delay. Appeal was filed on 90th day from email communication dated 22.12.2023 of original order dated 20.12.2023. Under Section 107 of KGST Act 2017, three-month appeal period runs from order date or communication date. Appellant had filed rectification application with delay condonation request supported by affidavit within condonable period. Second respondent failed to judiciously exercise powers under Section 107(2) to consider delay condonation. Court directed appeal to be heard on merits, finding technical dismissal unjustified.
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GST Show Cause Notice Challenges Must Be First Addressed Before Adjudicating Authority Under Section 74
Case-Laws
GST
HC affirmed that challenges to show cause notice under Section 74 of CGST/SGST Acts should be addressed before Adjudicating Authority. The petitioner's contentions regarding inadequate consideration of their submissions in Audit Report and procedural objections to Section 74 proceedings are matters within adjudicating authority's jurisdiction. Court found no compelling reason to intervene at show cause notice stage, noting that adjudicating authority is competent to evaluate all objections including audit report findings and applicability of Section 74. Alternative remedy being available, writ petition was disposed of directing petitioner to pursue remedies before statutory authority.
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E-way Bill Expiry During Stock Transfer Not Grounds for Detention When No Tax Evasion Intent Proven
Case-Laws
GST
HC ruled in favor of petitioner regarding detained goods due to expired e-way bill during intra-state stock transfer. While authorities detained goods citing e-way bill expiration, petitioner demonstrated goods were part of legitimate stock transfer between units, not a sale transaction. Driver's delay was documented through contemporaneous letter explaining personal emergency. Court found no evidence of tax evasion intent, following SC precedent in Satyam Shivam Papers. Detention, seizure, and penalty were deemed unjustified as basic compliance requirements for intra-state transfer were met despite procedural lapse. HC emphasized substance over form, noting absence of fraudulent intent or revenue loss. Petition allowed with costs.
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GST collections rise 9 pc to Rs 1.84 lakh cr; indicate economic revival, say experts
GST
Dated:- 1-3-2025
PTI
New Delhi, Mar 1 (PTI) Gross GST collections rose by 9.1 per cent to about Rs 1.84 lakh crore in February, boosted by domestic consumption and indicating potential economic revival.
As per the official data released on Saturday, on a gross basis, mop up from Central GST stood at Rs 35,204 crore, State GST at Rs 43,704 crore, Integrated GST at Rs 90,870 crore and compensation cess of Rs 13,868 crore.
GST revenues from domestic transactions jumped 10.2 per cent to Rs 1.42 lakh crore while that from imports grew 5.4 per cent to Rs 41,702 crore during February.
Total refunds issued during February were Rs 20,889 crore,

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ent of domestic and export refunds, including those related to inverted duty structures, demonstrates its commitment to easing working capital pressures on businesses,” Agarwal said.
KPMG, Indirect Tax Head & Partner, Abhishek Jain said, “GST collections growth of 10.2 per cent on domestic supplies and overall growth of 9.1 per cent indicates a potential revival of economy for Q4. If the Maha Kumbh effect comes into play, next month's revenue growth could be even better”.
Deloitte India Partner MS Mani said while GST collections in large manufacturing and consuming states like Haryana, UP, Maharashtra, Tamil Nadu, MP, Karnataka have shown handsome increases in the range of 10- 20 per cent, a detailed evaluation on the reasons for the lo

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GST collections rise 9.1 pc to Rs 1.84 lakh cr in February
GST
Dated:- 1-3-2025
PTI
New Delhi, Mar 1 (PTI) Gross GST collections rose by 9.1 per cent to about Rs 1.84 lakh crore in February, official data showed on Saturday.
Gross Goods and Services Tax (GST) revenue includes a 10.2 per cent jump in domestic revenues at Rs 1.42 lakh crore and 5.4 per cent rise in revenues from imports to Rs 41,702 crore during February.
As per the data, during the month, mop up from Central GST st

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Detention Order and Penalty Quashed: Minor E-way Bill Error Not Tax Evasion When Goods Moved for Exhibition Display
Case-Laws
GST
HC quashed detention order and penalty imposed due to minor E-way bill discrepancy where goods were transported for exhibition display. Genuine delivery challans under Section 55(1) were issued for both dispatch and return, with only technical error in listing dispatch location as Ghaziabad instead of New Delhi. No evidence of tax evasion intent was established by authorities. Court found proceedings unjustified where goods were accompanied by legitimate documentation, despite technical discrepancy. Following precedent requiring proof of tax evasion intent for penalty imposition, and recognizing substantial compliance with documentation requirements, petition was allowed and proceedings invalidated.
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Directors Accused of GST Fraud Through Fake Invoices Get Bail After 5 Months Under Section 70 CGST Act
Case-Laws
GST
HC granted regular bail to directors accused of GST fraud involving fraudulent Input Tax Credit (ITC) through multiple firms. The accused allegedly arranged fake invoices and ITC claims, receiving cash commissions. While prosecution claimed 1,267 beneficiaries were involved, specific details and commission amounts remained undisclosed. The primary evidence was confessions under Section 70 CGST Act. Given that investigation was complete, chargesheet filed, offenses carried maximum 5-year punishment, and accused spent over 5 months in custody with no immediate trial prospects, HC deemed continued detention unjustified. Bail was granted subject to furnishing bonds and sureties to trial court's satisfaction.
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Service Tax Liability Order Challenge Must Follow Appeal Process After 7.5% Pre-deposit Made, 8-week Filing Window Granted
Case-Laws
GST
HC declined to entertain writ petition challenging Principal Commissioner's ex parte Service Tax liability order, directing petitioner to pursue statutory appeal remedy. Court noted petitioner had previously withdrawn similar petition (CWJC 9292/2010) and already deposited 7.5% pre-deposit for appeal. While HC retained discretionary power to hear writs despite alternative remedies, circumstances warranted relegation to appellate process. Petitioner granted 8 weeks to file appeal, with Appellate Authority directed to consider limitation period excluding time spent in current proceedings since 19.08.2024. Previous liberty to file fresh writ petition held immaterial given available statutory remedy. Matter disposed with appellate pathway preserved.
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Appellate Authority's Decision Upholds Natural Justice Under Section 107(9) After Granting Full Hearing to Petitioner
Case-Laws
GST
HC found no violation of natural justice principles in the appellate proceedings. The authority had fully complied with Section 107(9) by granting the petitioner adequate hearing opportunity. Upon examination, all procedural requirements were properly followed, and the appellate authority had thoroughly considered every ground raised by the petitioner in its decision dated 22nd November 2024. The Court determined there was no oversight of material aspects or breach of procedural fairness in the appellate authority's decision-making process. The petition challenging the appellate order on grounds of natural justice violation was accordingly dismissed.
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GST Audit Completion Timeline Valid as Three-Month Period Starts from Date of Final Document Submission under Section 65
Case-Laws
GST
HC determined GST audit completion timeframe was compliant with Section 65 of CGST Act. Petitioner challenged SCNs under Sections 73 and 74, claiming audit exceeded statutory timeline. Court found additional documents were submitted by petitioner on 09.04.2024, which marked commencement of audit per Section 65 Explanation. Three-month completion requirement ran from this date, not initial notice. Final audit report was filed within prescribed period. While question of whether timeline is mandatory or directory remained open, Court dismissed petition finding audit was timely completed based on actual document submission date. Writ petition dismissed with no merit.
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Gold Release Ordered Upon Property Security and Non-Alienation Bond Execution for SGST Fine Reduction Appeal
Case-Laws
GST
HC directed release of seized gold to petitioner upon execution of bonds as required by Senior Enforcement Officer, SGST Department, Palakkad. Property measuring 6 Ares and 7 sq. meters in Survey No.73/4-435 of Potta village, Chalakkudy Taluk, accepted as security pending Tribunal adjudication. Property owner (petitioner's father) required to file affidavit undertaking non-alienation and non-encumbrance of property until conclusion of Tribunal proceedings. Matter concerned reduction of fine in lieu of confiscation by Appellate Authority. Petition disposed of with conditions for release of seized gold against property security.
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Contractors Cannot Claim Additional GST Beyond Quoted Rates When Tender Terms Specify “GST-Inclusive” Pricing
Case-Laws
GST
HC held that a contractor cannot claim GST payment beyond rates quoted in government contracts where tender explicitly states “rates inclusive of GST & other taxes.” The court dismissed petitions challenging this interpretation, emphasizing that allowing additional GST claims would undermine tender process integrity. Using an illustrative example, if a contractor quotes Rs. 100 with GST-inclusive terms, they cannot later demand Rs. 118 (additional 18% GST), as other bidders might have quoted higher base rates (e.g., Rs. 105) accounting for inclusive GST. The court found circulars cited by petitioner pertained to estimate preparation, not final tendering, and were inapplicable where agreements explicitly specified GST-inclusive rates. Petitions dismissed in limine.
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Powers to Arrest Under Customs Act and GST Laws Valid with New Safeguards: Right to Counsel During Interrogation Limited
Case-Laws
GST
SC upheld constitutional validity of arrest powers under Customs Act and GST Acts while establishing key procedural safeguards. Person arrested has right to meet advocate during interrogation but not throughout. Officers must have material evidence and “reasons to believe” before arrest, documented in writing. Arrest powers subject to judicial review both pre and post prosecution. Section 41-D of CrPC applies to Customs Act arrests. Officers must inform arrestee of grounds and comply with Section 50A notification requirements. GST arrest provisions under Sections 69-70 deemed valid under Article 246-A. Court mandated balance between individual rights and statutory objectives, emphasizing arrests must not be arbitrary and must satisfy prescribed monetary thresholds. Judicial review available but limited to cases of manifest arbitrariness or statutory non-compliance.
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