Goods and Services Tax

Interest on wrongly availed and utilised input tax credit runs from actual utilisation until reversal under GST rules.
Case-Laws
GST
Interest on wrongly availed and utilised input tax credit must be computed from the actual date of utilisation until the date of reversal. Section 50(3), read with rule 88B(3), does not permit interest to be calculated from an earlier date merely because the credit was wrongly availed. Where interest has been computed from an incorrect earlier date, the assessment order requires modification to apply the revised computation. Statutory appeal or revision remains available for any other disputed issue.
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Natural justice in GST appeals requires hearings and reasoned orders; non-prosecution cannot end appeals without merits review.
Case-Laws
GST
Section 107 of the GST law requires the Appellate Authority to provide a hearing, make necessary inquiry, and issue a written order identifying the issues, decision, and reasons. An appellant's non-appearance may permit ex parte consideration but does not permit dismissal for non-prosecution. An appellate order that ignores an adjournment request and merely records that no interference is warranted, without reasoned consideration of the appeal grounds, breaches those requirements. The matter was remanded for fresh merits adjudication after hearing.
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Portal service of GST show cause notices requires effective intimation; absent notice invalidates adjudication and requires fresh hearing.
Case-Laws
GST
Uploading a GST show cause notice solely under the portal's “Additional Notice and Orders” tab, without separate intimation, denied the taxpayer an effective opportunity to reply and breached the principles of natural justice. As the statutory appeal was dismissed solely on limitation without consideration on merits, the show cause notice, adjudication order and appellate order were quashed. Fresh proceedings were directed through a fresh show cause notice, an opportunity of hearing, and a reasoned adjudication.
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Input Tax Credit reconciliation requires examination of return records before excess-credit demands are reconsidered and bank attachments released.
Case-Laws
GST
Input Tax Credit reconciliation through GSTR-2A/2B, GSTR-3B and the annual return may provide prima facie evidence of available credit. A tax demand alleging excess utilisation of Input Tax Credit requires reconsideration where those material records were not duly examined, with an opportunity to establish the credit claimed. Verification of asserted recovery of part of the demand is also required before releasing a bank attachment. The tax demand was set aside for fresh consideration, and the attachment was to be lifted subject to verification of recovery.
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Statutory limitation bars appellate condonation beyond the prescribed outer limit, but implemented registration restoration made departmental challenges infructuous.
Case-Laws
GST
Statutory appellate jurisdiction does not permit the First Appellate Authority to condone delay beyond the enactment's prescribed outer limit; equitable relief available in writ jurisdiction cannot enlarge that power. Condonation beyond that limit renders consequential appellate orders legally unsustainable. Where the Department has implemented those orders by restoring cancelled registrations, altering the registrants' legal and commercial position and permitting business continuation, it cannot seek annulment without addressing the consequences of restoration. The absence of effective, workable relief makes the Department's challenge infructuous and not maintainable.
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Statutory GST Appeal Channels Challenges to Consolidated Notices into Appellate Review Rather Than Writ Adjudication
Case-Laws
GST
Availability of an efficacious statutory GST appeal generally weighs against writ adjudication of challenges to a consolidated show-cause notice. Objections that the notice is barred by limitation, issued without jurisdiction, or impermissibly combines separate financial years may involve disputed questions of fact and law suitable for appellate examination. The statutory appeal under Section 107 of the CGST Act preserves those objections for determination. The writ petition was relegated to that remedy, subject to an adjusted pre-deposit, with no coercive action until the appeal attains finality.
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Anticipatory bail after CGST summons remains maintainable, but requires circumstances justifying pre-arrest protection during investigation.
Case-Laws
GST
Anticipatory bail following a CGST summons is not premature merely because no arrest order exists: summons alone neither establishes arrest nor makes a person an accused, but tangible circumstances may create a real and reasonable apprehension of arrest. Such apprehension only engages anticipatory-bail jurisdiction; it does not establish entitlement to pre-arrest protection. In an investigation concerning alleged clandestine manufacture and clearance, outstanding inquiries, a co-accused's arrest, and alleged non-cooperation supported the need for possible further interrogation. The application was therefore refused, as investigation requirements outweighed the requested extraordinary protection.
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Show-cause notice service is mandatory before ex parte GST demand; non-service requires fresh adjudication after a hearing.
Case-Laws
GST
Service of the show-cause notice through the GST portal, registered post, or e-mail is essential before an ex parte GST demand may be sustained. Where the record contains no material establishing such service and the taxpayer received no opportunity to submit a defence or be heard, the adjudication breaches the required process. The adjudication and appellate orders were set aside, and the matter was remitted for fresh adjudication after furnishing the show-cause notice, permitting objections, and granting a hearing.
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Natural justice in ex parte GST adjudication secured fresh consideration where pregnancy prevented participation and appellate limitation had expired.
Case-Laws
GST
Natural justice in ex parte GST adjudication required fresh consideration where medical records substantiated the proprietor's pregnancy and consequent inability to participate. Expiry of the statutory appellate limitation left no appellate remedy. The ex parte GST demand was set aside subject to deposit of 10% of the tax demanded and remitted from the reply-and-document-production stage, with a reasonable opportunity of hearing. Non-appearance as directed would automatically revive the earlier order.
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GST on compulsory acquisition of immovable property cannot be deducted because expropriation is not a taxable supply.
Case-Laws
GST
Compulsory acquisition of land and buildings under the State's eminent-domain power is an expropriation, not a supply of goods or services for GST purposes. Land and buildings attached to land are immovable property, and landowners do not sell goods or provide services merely by surrendering property pursuant to statutory acquisition. GST deducted from compensation for such acquisition therefore lacks statutory basis. The deduction was treated as exceeding legal authority, with the affected compensation notice quashed to that extent and refund of the deducted GST with interest directed.
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Statutory delay-condonation limits restrict GST appellate jurisdiction, while restored registrations render departmental challenges infructuous after implementation.
Case-Laws
GST
Statutory outer limits on condonation of delay in GST registration-cancellation appeals confine the First Appellate Authority to the power expressly granted. Constitutional-court directions issued in extraordinary jurisdiction cannot enlarge that statutory power, and equity or substantial justice cannot displace the prescribed limit; appeals entertained after that limit are without jurisdiction. Where the Department has implemented appellate orders by restoring cancelled registrations, its own challenge becomes infructuous because the restored legal and commercial position cannot be unsettled without affecting intervening transactions. Such departmental appeals are not maintainable after implementation of the impugned orders.
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Omission of export-refund restriction requires pending integrated-tax refund claims to be assessed without the former eligibility bar.
Notes
GST
Omission of Rule 96(10) without a saving clause requires pending claims for refund of integrated tax paid on exports to be assessed without the former eligibility restriction. The Supreme Court treated the omission as applicable to proceedings pending on 08 October 2024, because no provision preserved the omitted sub-rule. Section 6 of the General Clauses Act does not save proceedings under an omitted rule, as it applies to repeal by a Central Act or Regulation rather than subordinate legislation. Independent refund conditions under the zero-rated supply, Section 54 and Rule 96 framework, including applicable procedures and limitation, continue to govern refund entitlement.
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Interim arrest protection cannot survive dismissal of an unmaintainable anticipatory-bail application; GST arrest requires communicated statutory authorisation.
Notes
GST
Interim protection from arrest cannot survive dismissal of an anticipatory-bail application as not maintainable, because interim relief must remain ancillary to a pending substantive proceeding. Under the GST arrest framework, a summons does not itself make a person an accused or create a legally sustainable apprehension of arrest. Arrest requires the Commissioner's reasoned authorisation based on reasons to believe that a specified offence has been committed. That authorisation must be communicated before arrest, enabling the affected person to pursue anticipatory bail, judicial review, or other available remedies. Communication is a statutory procedural safeguard, not residual bail protection after dismissal.
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Monetary-limit compliance governs departmental GST appeals; Commissioner authorisation alone does not establish an exception or permit merits review.
Case-Laws
GST
Monetary-limit compliance governs departmental GST appeals even where the Commissioner authorises an application under Section 112(3). Appeals below the prescribed threshold require the Revenue to specifically plead and establish a recognised exception under the applicable litigation-control framework. A bare assertion of the Commissioner's permission does not prove a residual exception without material demonstrating a case-specific recorded opinion. Maintainability must be determined before the underlying tax merits are considered. Where no recognised exception is established, a below-threshold departmental appeal is liable to dismissal at the admission stage, leaving the substantive tax dispute undecided.
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Electronic Cash Ledger balances do not end GST interest for prior periods until debit discharges delayed GSTR-3B liabilities.
Case-Laws
GST
GST interest on delayed GSTR-3B liabilities remains payable on the cash component until the Electronic Cash Ledger is debited, even where sufficient funds were deposited and continuously available earlier. A ledger credit evidences deposit with the Government but does not discharge an identified tax liability; debit is required for payment. The proviso excluding continuously available cash-ledger balances from interest computation operates prospectively and does not apply to earlier periods. A show-cause notice causes no defect where the taxpayer received the demand computation, responded fully, and suffered no prejudice. Failure to provide a requested personal hearing breached statutory requirements, but remand was unnecessary absent surviving substantive prejudice. Interest demands remain subject to reconciliation and credit without double recovery.
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Technical textile classification places laminated HDPE geomembrane under the lower GST rate from the effective date.
Case-Laws
GST
Laminated HDPE woven geomembrane used for waterproof pond lining, including Biofloc applications, is classified under tariff sub-heading 59111000 as a textile fabric for technical use. HDPE tapes and strips below 5 mm fall within Section XI, and their weaving produces textile fabric; lamination with plastic on both sides does not displace classification where the material serves a technical purpose under Chapter Note 8 to Chapter 59. The product attracted GST at 12 per cent up to 21 September 2025 and 5 per cent from 22 September 2025, following its placement under the relevant GST rate entries for tariff heading 5911.
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GST classification of outdoor playground and gym equipment distinguishes sports goods from physical-exercise equipment and bearings.
Case-Laws
GST
Outdoor playground equipment, including qualifying spare parts, is classified under tariff item 95069990 as sports goods and taxable at 5%. Outdoor gym equipment and its qualifying spare parts are classified under tariff item 95069190 as equipment for general physical exercise and taxable at 18%. Parts solely or principally used with Chapter 95 articles generally follow the equipment classification. Ball and roller bearings remain separately classifiable under Heading 8482 because that specific tariff entry prevails over the general parts classification; their applicable tariff entry depends on their specifications, and they are taxable at 18%.
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GST limitation turns on issuance of substantive notices and orders, not later electronic DRC summaries, preserving appellate review.
Case-Laws
GST
GST limitation under Section 74 turns on issuance of substantive show-cause notices and adjudication orders, while Rule 142 requires consequential electronic summaries in Forms GST DRC-01 and DRC-07. Later dates on those forms do not invalidate notices or Orders-in-Original issued within the applicable limitation period. Challenges involving fraud, suppression, supplier knowledge or collusion, input tax credit entitlement, and departmental evidence require statutory appellate scrutiny where no denial of hearing or patent jurisdictional defect exists. Merits remain open before the Appellate Authority.
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Rule 138B authorisation and alternative appellate remedies limited the writ challenge to confiscation proceedings involving scrap-goods transport.
Case-Laws
GST
Rule 138B permits physical verification of a conveyance by a proper officer authorised by the Commissioner; an authorisation-based challenge fails where the officer holds that authority and no jurisdictional defect is established. Writ jurisdiction despite an alternative statutory appeal remains confined to exceptional circumstances, including infringement of fundamental rights, breach of natural justice, lack of jurisdiction, or challenge to statutory validity. Where a fresh show-cause notice, personal hearing, consideration of the reply, and relevant detention, verification and registration-cancellation material are provided, complaints concerning relied-upon documents require appellate examination. The writ challenge to confiscation was dismissed, leaving the statutory appeal available.
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Alternative statutory remedy under GST bars writ challenge where classification, notice variance, and hearing disputes require factual appellate review.
Case-Laws
GST
Alternative statutory remedy under GST required disputes over reclassification of animal nutrition products from feed supplements to medicaments to be pursued through the appellate process. Alleged variance between the show cause notice and adjudication order, tariff classification, applicable notifications, and denial of hearing or cross-examination required factual examination and did not establish an apparent jurisdictional defect warranting writ intervention. The High Court dismissed the writ petition, holding that avoidance of the prescribed pre-deposit was not a basis to bypass appeal, while permitting the statutory appeal and excluding the writ period for limitation.
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Writ jurisdiction over CGST penalties requires a clear natural-justice breach; record-dependent challenges belong in statutory appeal.
Case-Laws
GST
Writ jurisdiction against a common CGST penalty order is unavailable where alleged natural-justice breaches are unsupported by any specific denial of hearing or non-consideration of material. Challenges concerning limitation, the initiating officer's competence, and penalty liability require examination of the adjudication record and statutory provisions within the appellate process; the writ petitions were therefore not entertained. Pre-deposit relief available under an earlier High Court ruling may be claimed only where its factual conditions and stipulated requirements are satisfied.
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Anticipatory bail under GST requires a communicated arrest-authorisation order; summons alone make a pre-arrest petition premature.
Case-Laws
GST
Anticipatory bail under the CGST Act requires a communicated order authorising arrest. Summons issued during an inquiry into alleged ineligible input tax credit do not, by themselves, make the recipient an accused or establish a legally sustainable apprehension of arrest. The statutory foundation for pre-arrest protection is an arrest-authorisation order made after the required reasons to believe; pending investigation, searches, summons, and a contingent risk of arrest cannot replace that requirement. Petitions founded only on summons were premature where no such order had been passed and communicated, without addressing the underlying allegations or investigation.
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Proof of statutory breach limits strict-liability transit penalties where consignee-address errors are bona fide and goods match documents.
Case-Laws
GST
Section 129 transit penalties may operate on a strict-liability basis, but still require proof of a statutory breach attracting the penalty. Where invoices, e-way bills and bilty documents matched the goods, the buyer was identifiable, and historical records supported use of its former address, a repeated consignee-address entry was treated as a bona fide documentary error. In the absence of evidence of a fictitious purchaser, diversion, clandestine unloading, value suppression, or tax evasion, the discrepancy did not establish a substantive transit violation. The transit penalty and consequential recovery were annulled, while tax lawfully payable on the supply remained unaffected.
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Part B e-way bill exception protects initial intrastate movement to transporter premises from tax penalties.
Case-Laws
GST
Rule 138(3)'s third proviso permits Part B conveyance details to remain unfilled during the specified initial intrastate movement from a consignor's business premises to a transporter's premises for further transportation. The exception covers movement to a transporter's warehouse for consolidation before onward dispatch, rather than every short-distance journey. A permitted omission does not constitute an actual contravention attracting a Section 129 penalty, despite its overriding language. Appeals below the statutory monetary threshold may be admitted where a substantive issue concerning this exception and the resulting penalty warrants consideration on merits.
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Electronic Cash Ledger balances do not discharge GST return liabilities until debit, sustaining interest on delayed return filing.
Case-Laws
GST
GST interest on self-assessed return liabilities is discharged only when the Electronic Cash Ledger is debited towards the identified liability; a sufficient unappropriated cash balance does not stop interest until belated GSTR-3B filing. The later Rule 88B(1) proviso excluding amounts credited by the due date and continuously retained in that ledger operates prospectively, not for earlier periods. Notice proceedings remain valid where the taxpayer received the demand basis and computation, gave detailed replies, and established no actual prejudice. Denial of a requested personal hearing breached section 75(4), but did not require remand where the record was complete, the remaining issue was legal, and no lost substantive opportunity was identified. Interest demands were sustained, subject to reconciliation to prevent double recovery; substantive refund claims failed.
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