Goods and Services Tax

Assessment order under Section 74 set aside for lack of reasoning and natural justice violation in typographical error case
Case-Laws
GST
The HC set aside an ex-parte assessment order under Section 74 for lack of reasoning and violation of natural justice principles. The petitioner challenged the assessment arising from a typographical error in their return where a decimal point was inadvertently omitted. The impugned order merely recorded issuance of show cause notice DRC-01A and absen

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Bengal to face Rs 25cr GST loss for relocation of SBI unit from Kolkata, claims civil society group
GST
Dated:- 22-6-2025
PTI
Kolkata, Jun 22 (PTI) Kolkata faces a potential state GST loss of nearly Rs 25 crore this fiscal year as the State Bank of India (SBI) moves to relocate its Global Market Unit (GMU) from Kolkata to Mumbai, a civil society organisation has claimed.
This proposed shift has drawn protests from civil society groups like Bank Bachao Desh Bachao Manch (Save Bank, Save Nation Platform), describing SBI's decision as “arbitrary and opaque”.
“The GMU and associated units contribute significantly to state revenues via GST, nearly Rs 25 crore this fiscal year. Additionally, over 70 contractual staff stand to lose t

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s raised nor provided a rationale for the displacement of strategic banking operations.
The Manch then complained to the Centralized Public Grievance Redress and Monitoring System (CPGRAMS) under the Department of Administrative Reforms and Public Grievances.
Protestors have highlighted several concerns beyond the potential GST loss, including the disregard of historical and legal commitments, specifically a 2008 agreement between the bank and its federations to retain the GMU (which evolved from the erstwhile Foreign Department) in Kolkata.
The GMU's shifting is part of a “pattern of systemic marginalisation” of Kolkata's and West Bengal's institutional roles within India's banking landscape, the forum claimed. PTI BSM NN
News – Pr

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CBI raids 7 places in Bihar, Jharkhand in Rs 100-crore GST fraud; customs officers in dock
GST
Dated:- 21-6-2025
PTI
New Delhi, Jun 21 (PTI) The CBI on Saturday searched seven locations in Bihar and Jharkhand in a 100-crore scam, allegedly executed by claiming GST through bogus export bills, with five customs officers, including the additional commissioner GST, Patna, as the main accused, officials said.
The CBI conducted searches at two locations in Patna, two in Purnea, and one each in Jamshedpur, Nalanda, and Munger, finding seven bars of gold, each weighing 100 grams, they said.
The scam was exposed when an abnormal increase in exports of tiles and automobile parts to Nepal was noticed in Land Customs Stations (LCS) in J

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e created for amounts less than Rs 10 lakh, which is the highest amount that a customs superintendent is allowed to clear.
The CBI FIR alleged that, in all, fake exports to the tune of Rs 800 crore were shown by these superintendents with goods carrying GST duties of 28 per cent and 18 per cent, two of the higher GST slabs, which enabled them to claim refunds of around Rs 100 crore.
The investigation also showed that the firms were not functioning from their registered address.
As part of the fraud, the suspects presented 4,161 E-way bills of vehicles — two-wheelers, buses, and even ambulances. But the initial probe showed that none of the vehicles mentioned in the bills matched with the database of the SSB, the force that guards th

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Delhi Tax Commissioner adopts CBIC clarifications on Railway services, RERA collections, insurance reinsurance exemptions
Circulars
GST – States
The Delhi State Tax Commissioner issued Circular No. 22/2024 adopting CBIC Circular No. 228/22/2024 regarding GST applicability clarifications. The circular addresses eight key areas: exempting specific Railway services to general public and inter-zone transactions with retrospective regularization from October 2023; exempting SPV-Railway infra

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Registered persons can claim input tax credit on Ex-Works contracts upon delivery at supplier's factory gate under Section 16
Circulars
GST – States
The CBIC clarified that under Ex-Works contracts, registered persons can claim input tax credit upon delivery of goods at the supplier's factory gate, without requiring physical receipt at their business premises. Section 16(2)(b) of CGST Act mandates “receipt” of goods for ITC eligibility, but does not specify location. The Explanation dee

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Delhi adopts CBIC circular requiring suppliers to record recipient state on invoices for online services to unregistered customers
Circulars
GST – States
The Delhi Department of Trade & Taxes adopted CBIC Circular No. 242/36/2024 clarifying place of supply rules for online services to unregistered recipients under GST. The circular mandates that suppliers providing online services, OIDAR services, or services through e-commerce operators to unregistered recipients must record the recipi

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Delhi: 2 including lawyer held for running fake GST firm racket
GST
Dated:- 21-6-2025
PTI
New Delhi, Jun 21 (PTI) Two men, including a lawyer, were arrested for allegedly operating a racket involving fake Goods and Services Tax (GST) firms and issuing bogus bills to facilitate fraudulent tax settlements in south west Delhi, an official said on Saturday.
The accused were identified as Sandeep (27), from Panipat in Haryana, and Inderpal (45), a lawyer residing in Burari, Delhi.
The duo used genuine identification documents such as PAN cards, Aadhaar cards, SIM cards, rent agreements, and email IDs to register fake GST firms, which were then used to generate fraudulent invoices, Deputy Commissioner of Police (Southwest) Amit Goel

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added.
Sandeep, who was arrested in Panipat, revealed that he had been working with Inderpal for seven years. Together, they procured bogus GST firms from associates in Delhi and manipulated login credentials to gain control over the accounts.
“They would then update the contact details- email and mobile numbers, and use Tally software to create and upload fake invoices on the GST portal. Following Sandeep's arrest, the police traced Inderpal to Kairana in Uttar Pradesh, where he had gone into hiding,” the DCP said in a statement.
After his arrest, Inderpal disclosed that he used to buy GST firms, along with SIM cards and login credentials, for Rs 25,000 to Rs 30,000 each.
After taking over the accounts, the duo would alter the credent

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HC sets aside tax assessment order for 2018-19 due to natural justice violation, remands for fresh hearing
Case-Laws
GST
The HC set aside the impugned order dated 29.04.2024 passed by Respondent No. 3 concerning assessment period 2018-2019 without examining the merits. The court found violation of principles of natural justice as proper opportunity of hearing was not provided to the petitioner, and questions arose regarding service of show cause notice and time-bar issues. The matter wa

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CGST/WBGST Act 2017 allows simultaneous proceedings but taxpayers shouldn't face multiple enquiries for identical periods without logical conclusion
Case-Laws
GST
HC held that while CGST/WBGST Act 2017 does not expressly prohibit simultaneous proceedings under Chapter XIII and XIV, registered taxable persons should not ordinarily be subjected to multiple enquiries by different authorities for identical periods without logical conclusion of initiated proceedings. Where State authorities

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Appellate authority violated natural justice by not serving notice to petitioner and passing non-speaking order under Section 107
Case-Laws
GST
The HC allowed the writ petition challenging an appellate order, finding violation of natural justice principles as the petitioner lacked adequate notice and was not served with the appeal petition and grounds. The appellate authority passed a non-speaking order without conducting necessary enquiry as mandated under Section 107(11) and (12) of t

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GST registration cancellation show cause notice upheld but personal hearing ordered for suspended firm
Case-Laws
GST
The HC declined to quash a show cause notice (SCN) issued for GST registration cancellation against a firm found non-functional during investigation. The Court determined that petitioner could seek re-inspection from the Adjudicating Authority rather than judicial intervention at this preliminary stage. However, recognizing the firm's operational standstill due to registr

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Petitioner granted time to reply to GST registration cancellation notice under Rule 21(b) for invoice irregularities
Case-Laws
GST
HC allowed petitioner to file reply to six-month-old show cause notice challenging GST registration cancellation under Rule 21(b) for issuing invoices without actual supply of goods or services. Court directed petitioner to disclose any pending CGST proceedings including input tax credit matters in reply by 1st July 2025. DGST must decide within one month of

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Delhi adopts CBIC circular clarifying GST treatment of vouchers under Schedule III exclusions
Circulars
GST – States
The Delhi Department of Trade & Taxes adopted CBIC Circular No. 243/37/2024-GST clarifying GST treatment of vouchers under DGST Act, 2017. The CBIC determined that voucher transactions constitute neither supply of goods nor services, as vouchers qualify as either “money” under RBI-recognized pre-paid instruments or “actionable claims” under Schedule III exclusions. Princi

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Delhi GST mandates virtual hearings via WEBEX or Google Meet with advance notice and recorded proceedings
Circulars
GST – States
The Delhi Trade & Taxes Department issued mandatory guidelines for conducting personal hearings through virtual mode under the Delhi GST Act, 2017. All proper officers and appellate authorities must conduct hearings via applications like WEBEX or Google Meet, with advance notice to taxpayers including virtual links. Taxpayers must submit authorization document

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Handling of Inadvertently Rejected records on IMS
GST
Dated:- 20-6-2025

Question 1: How can a recipient avail ITC of wrongly rejected Invoices/ Debit notes/ECO-Documents in IMS as corresponding GSTR-3B of same tax period was also filed by recipient?
Answer: In such cases recipient can request to the corresponding supplier to report the same record (without any change) in same return period's GSTR-1A or respective amendment table of subsequent GSTR-1/IFF. Thus, recipient can avail the ITC basis on amended record by accepting such record on IMS and recomputing GSTR-2B on IMS. Here the recipient will get ITC of complete amended value as original record was rejected by the recipient.
However, recipient will be able to take

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he amendment table of GSTR-1/IFF. in any subsequent period, till the specified time limit, then the liability of supplier will not increase. As amendment table take delta value only. Thus, in present case of same values, differential liability increase will be zero.
Question 3: As a recipient taxpayer, how to reverse ITC of wrongly rejected Credit note in IMS as the corresponding GSTR-3B has already been filed?
Answer: In such cases recipient can request the concerned supplier to furnish the same Credit note (CN) without any change in the same return period's GSTR-1A or in amendment table of subsequent period's GSTR-1/IFF. Now recipient can reverse the availed ITC based on the amended CN by accepting the CN on IMS. Hence, the recipie

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Writ petition challenging CGST Act Section 122(1A) show cause notice dismissed as premature before final adjudication
Case-Laws
GST
HC dismissed the writ petition challenging the validity of show cause notice issued under CGST Act Section 122(1A). The court held that mere issuance of SCN does not infringe any rights and writ petition is premature without final adjudication order. Following established SC precedent, HC refused to interfere at preliminary stage, emphasizing that petitione

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Bail denied for accused in Rs. 704 crore fake input tax credit fraud involving 353 shell companies
Case-Laws
GST
HC dismissed regular bail application for accused involved in creating 353 fake firms to pass fraudulent input tax credit worth Rs. 704 crores. Court held economic offences of such magnitude constitute serious threat to economy and cannot be treated leniently despite being non-violent. Accused's conduct during proceedings, including suppression of criminal antecedents and att

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GST officer must ensure proper notice service under Section 169(1) before ex-parte assessment proceedings
Case-Laws
GST
HC set aside ex-parte assessment order for violating principles of natural justice due to improper service of show cause notice. Petitioner was unaware of notice uploaded only on GST Portal without physical service or alternative delivery methods under Section 169(1) of GST Act. Court held that merely fulfilling empty formalities through ex-parte proceedings without af

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GST assessment order set aside for improper notice service under Section 169(1) principles
Case-Laws
GST
HC set aside GST assessment order dated 27.08.2024 and Form GST DRC-07 for violating principles of natural justice. Petitioner challenged order claiming non-receipt of show cause notice uploaded only on GST Portal without personal service. Court held that mere portal upload constituted insufficient service, requiring exploration of alternative modes under Section 169(1) including RPA

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Advisory to file pending returns before expiry of three years
GST
Dated:- 19-6-2025

As per the Finance Act, 2023 (8 of 2023), dt. 31-03-2023, implemented w.e.f 01-10-2023 vide Notification No. 28/2023 – Central Tax dated 31th July, 2023, the taxpayers shall not be allowed file their GST returns after the expiry of a period of three years from the due date of furnishing the said return under Section 37 ( Outward Supply), Section 39 (payment of liability), Section 44 ( Annual Return) and Section 52 (Tax Collected at Source). These Sections cover GSTR-1, GSR-1A, GSTR 3B, GSTR-4, GSTR-5, GSTR-5A, GSTR-6, GSTR 7, GSTR 8 and GSTR 9 or 9C.
Hence, above mentioned returns will be barred for filing after expiry of three years. The said

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Assignment of government-allotted leasehold rights in immovable property exempt from GST liability
Case-Laws
GST
The HC ruled that assignment of leasehold rights in immovable property allotted by a government industrial development corporation does not constitute taxable supply under GST. Following precedent established in Gujarat Chamber of Commerce and subsequent decisions including Alfa Tools Pvt. Ltd., BVM Pharma, and Time Technoplast Limited, the court held that such assignments ar

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Assessment order quashed for denying personal hearing despite show cause notice on GST Portal requiring alternative service under Section 169
Case-Laws
GST
HC set aside assessment order dated 08.08.2024 for violating principles of natural justice where petitioner received no personal hearing opportunity. Despite show cause notice being uploaded on GST Portal, petitioner claimed unawareness and non-receipt of original notice. Court held that while portal service is valid, revenue officer

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AAAR order on GST computation for refurbished car sales partly upheld with certain observations expunged
Case-Laws
GST
HC partly allowed the writ petition challenging the AAAR order regarding GST computation on refurbished car sales. The dispute concerned whether amounts paid to car owners and refurbishment costs should be included in purchase price for margin calculation under N/N. 08/2018-CT (Rate). Petitioner argued the appellate authority failed to address ITC issues not considered

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Bank accounts automatically de-frozen after GST appeal filed under Section 107 stays enforcement order
Case-Laws
GST
The HC disposed of a petition challenging the freezing of petitioner's bank accounts. The petitioner's grievance concerned the freezing of two additional accounts opened under the same PAN number following communication dated 16 June 2024. The court held that since an appeal under Section 107 of the Central Goods and Services Tax Act 2017 had been filed against the impugn

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Recovery from Electronic Credit Ledger without following Section 78 three-month waiting period ruled illegal and arbitrary
Case-Laws
GST
HC held that respondents' recovery of amount from petitioner's Electronic Credit Ledger/Electronic Cash Ledger under Section 79 of GST Act, 2017 was illegal and arbitrary. Court found that pursuant to Section 78, recovery proceedings cannot be initiated within three months of demand becoming payable unless reasons are recorded. Additionally, under Sect

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