Goods and Services Tax

Citing CAG data, Jagan claims Andhra's fiscal performance indicates 'distress'
GST
Dated:- 7-6-2025
PTI
Amaravati, June 7 (PTI) YSRCP chief YS Jagan Mohan Reddy on Saturday cited the CAG's data for the month of April and claimed Andhra Pradesh's fiscal performance indicates 'distress'.
The former chief minister noted that the figures released by CAG for the month of the April 2025 convey the 'real picture'.
“The State GST revenues for the first month of this financial year (April 2025) demonstrated contraction to the tune of 24.20 percent, when compared to the April 2024,” he said in a post on 'X'.
Though the TDP-led NDA government on May 1 proclaimed that net GST collection of the state government for the month of April 2025

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

said this is a regular process and net GST revenues would be arrived at after accounting for all these adjustments, and added that it was the case in the previous years as well.
“The May 1 press release says that net GST collection is Rs 3,354 crore for April 2025. Now, they (govt) say that Rs 796 crore is adjusted. One can clearly understand that this is nothing but a cover up after truth about the GST revenue is brought to light by the CAG,” said Reddy.
Further, the opposition leader observed that quite contrary to what the NDA alliance government had suggested, the figures released by CAG indicate that the 'trend of economic sluggishness' is more pronounced in April with the tax revenues dropping by 12.21 percent and non-tax revenues

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Barring of GST Return on expiry of three years
GST
Dated:- 7-6-2025

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 (T

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Advisory regarding non-editable of auto-populated liability in GSTR-3B
GST
Dated:- 7-6-2025

1. GST Portal provides a pre-filled GSTR-3B, where the tax liability gets auto-populated based on the outward supplies declared in GSTR-1/ GSTR-1A/ IFF. As of now taxpayers can edit such auto populated values in form GSTR 3B itself.
2. With introduction of form GSTR 1A, taxpayer now has a facility to amend their incorrectly declared outward supplies in GSTR-1/IFF through GSTR-1A, allowing th

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST Notification Limits Preferential Tax Rate to Select Towers A, B, C in Residential Project Under Specific Conditions
Case-Laws
GST
The AAR determined that the applicant's residential project did not fully qualify as an “ongoing project” under the GST notification. Only towers A, B, and C were eligible for the 12% GST rate (net 8% after land deduction) with input tax credit, subject to specified conditions. Projects initiated after 01.04.2019 were ineligible for the previous tax struc

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Tamil Nadu Housing Board Cannot Retroactively Charge Additional GST After Advertising Inclusive Prices in Property Sales
Case-Laws
GST
HC ruled that TNHB cannot claim additional GST from petitioners after advertising and executing agreements with an inclusive price. The court held that TNHB, being in a dominant drafting position, cannot retroactively demand extra payment. Petitioners who paid the full advertised price are entitled to sale deeds without further GST charges. Those who pai

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Fraudulent ITC Claim Rejected: Petitioner Directed to Pursue Appellate Remedy with Mandatory Pre-Deposit Under Section 107
Case-Laws
GST
HC dismissed the writ petition involving fraudulent Input Tax Credit (ITC) availment. The Court held that adequate notice was provided to the Petitioner and, given the fraudulent nature of the case and potential impact on the GST regime, writ jurisdiction would not be exercised. The Petitioner was granted permission to file an appellate remedy by 15th

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Fraudulent ITC Claim Rejected: Petitioner Directed to Pursue Appellate Remedies Under Section 107 of CGST Act
Case-Laws
GST
HC dismissed the writ petition involving fraudulent Input Tax Credit (ITC) availment, declining to exercise judicial review. The court emphasized the significant impact on GST regime and exchequer, directing the petitioner to pursue appellate remedies under Section 107 of CGST Act, 2017. The petitioner was granted liberty to file an appeal by 15th July, 2025, with

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST Proceedings Quashed: Procedural Lapses and Failure to Communicate Order Invalidate Administrative Action
Case-Laws
GST
HC quashed GST proceedings initiated against petitioner due to procedural irregularities in order issuance. The court found a violation of natural justice principles as the respondents failed to upload the GST DRC-07 order on the portal or communicate it to the petitioner on the date of its passing. The absence of proper communication and upload of the order rendere

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Jurisdictional Defect Invalidates Tax Notice: Procedural Fairness Mandates Fresh Examination of ITC Reversal
Case-Laws
GST
HC held that the impugned notice and order were quashed due to lack of jurisdictional propriety. The respondent-Authority failed to provide adequate intimation regarding ITC reversal, and the petitioner demonstrated genuine unawareness of procedural requirements. The Court remanded the matter back to the Adjudicating Authority to conduct a de novo examination of ITC

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Manual CGST Rule 97A Refund Applications Valid Despite Electronic Filing Requirement
Case-Laws
GST
HC held that manual refund applications under CGST Rules are maintainable. The court invalidated the tax authority's rejection of a 100% EOU's input tax credit refund application solely on grounds of manual filing. Relying on Rule 97A's non-obstante clause, the court determined that manual applications are valid, and electronic filing is not the exclusive method. The impugned order dated 1

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Tax Proceedings Require Separate Annual Orders, Court Mandates Individual Determinations for Each Financial Year from 2017 to 2024
Case-Laws
GST
HC directs second respondent to issue separate orders for each financial year in tax proceedings. The court mandates individual determinations for FY 2017-2018 through 2023-2024, finding composite orders legally improper. Petitioner is granted one month to file reply for FY 2022-2023 and 2023-2024. The court references precedent establishing re

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Logistics Services Classified as Rental Without Ownership Transfer Under GST Notification 11/2017 at 18% Rate
Case-Laws
GST
AAR determined that the applicant's Vehicle Leasing and Logistics Management Services do not involve transfer of vehicle ownership. The services encompass comprehensive logistics support including vehicle management, maintenance, replacement, loading/unloading, and transportation. The services are classified under HSN/SAC 997319 as residual entry for leasing or ren

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Labor Contract for Housing Project Fails GST Exemption Test, Triggering 18% Tax Rate Under Notification 12/2017
Case-Laws
GST
The AAR determined that the taxpayer's labor contract service for constructing 380 flats does not qualify as a pure labor service under Pradhan Mantri Awas Yojana. Despite being a sub-contract with a builder, the agreement involves supplying machines and materials beyond labor, rendering it ineligible for GST exemption under Notification No. 12/2017. Consequently

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Electronic Credit Ledger Restrictions: Rule 86B Limits Taxpayer's Credit Utilization for High Monthly Turnover Partnerships
Case-Laws
GST
AAR held that Rule 86B restrictions apply to the taxpayer, preventing use of electronic credit ledger beyond 99% of total tax liability. The cumulative income tax paid by the partnership firm and its partners cannot be aggregated to satisfy the exemption threshold. Since no individual partner paid more than Rs. 1 lakh in income tax during the last two

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Free Drug Samples and Logistics Services Disqualified from Input Tax Credit Under CGST Act Section 17(5)(h)
Case-Laws
GST
AAR ruled that the applicant is not entitled to input tax credit (ITC) in three key scenarios: (1) IGST paid on importing sample drugs supplied free to hospitals/clinics, (2) IGST paid by logistics service provider under Delivered Duty Paid model, and (3) CGST paid for Customs House Agent and logistics services. The ruling hinged on Section 17(5)(h) of CGST Act, whic

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST Liability Challenge Rejected: Petitioner Must First Exhaust Administrative Appeal Mechanism Under Section 107
Case-Laws
GST
HC dismissed the writ petition, declining to adjudicate the GST liability dispute. The court found significant discrepancies in the petitioner's self-declared turnover values across different documents and inconsistent financial reporting. Citing SC precedent, the court held that the petitioner must first exhaust the alternative statutory remedy by filing an ap

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Tax Interest Penalty Invalidated: Electronic Cash Ledger Deposit Halts Levy Under Rule 88 B(1) of CGST Rules
Case-Laws
GST
HC quashed the impugned order dated 30.12.2023 regarding interest levy for delayed GSTR 3B return filing. The court held that interest liability ceases upon tax deposit in the electronic cash ledger, relying on precedent in a similar case. Rule 88 B(1) of C.G. & S.T. Rules, 2017 was deemed clarificatory in nature, rendering retrospective/prospective effect arguments

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Judicial Review Mandates Enhanced Communication Protocols for Efficient Legal Proceedings and Transparent Administrative Processes
Case-Laws
GST
HC adjudicated a procedural matter concerning natural justice principles, specifically addressing communication deficiencies in legal proceedings. The court mandated the Registry to implement communication protocols for efficient case processing within the CGST Department. Key directives included: deputizing two officers from CGST and CX Delhi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Tax Dispute Resolved: Consolidated Show Cause Notice Upheld, Petitioner Granted Right to Challenge Order Under Section 74
Case-Laws
GST
HC adjudicated a tax dispute involving procedural irregularities in service of show cause notice (SCN). The court found that a consolidated SCN was issued across multiple financial years under Section 74 of the Central Goods and Service Tax Act, 2017, addressing short payment and input tax credit issues. Despite no prior hearing notice to the Petitioner

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Procedural Fairness Prevails: Rectification Order Quashed for Denying Petitioner's Right to Be Heard and Fundamental Hearing Principles
Case-Laws
GST
HC held that the rectification application was improperly processed due to violation of principles of natural justice by denying the petitioner an opportunity of hearing. Relying on prior judicial precedent, the court set aside the original order dated 28th February, 2025 and directed that the rectification application be reconsidered afte

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Legal Challenge Succeeds: Notice Invalidated Due to Procedural Flaws and Violation of Natural Justice Principles
Case-Laws
GST
HC allowed the petition challenging the SCN issued beyond prescribed limitation period. The court found procedural irregularities in the notice, specifically the lack of opportunity for hearing, which violated principles of natural justice. The impugned order was set aside and remanded back to the Adjudicating Authority. The Petitioner was granted permission to

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST Liability Payment Approved in Instalments, Authorities Directed to Review Petitioner's Financial Constraints Within 3 Weeks
Case-Laws
GST
HC allowed the petitioner's application for GST liability payment in instalments under Section 80 of CGST Act, directing respondent authorities to consider the representation within three weeks. The court recognized the petitioner's financial constraints and mandated a reasoned decision on the instalment request, subject to interest payment under

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Tax Notification 56/2023 Struck Down: Limitation Period Extension Invalidated, Demand Order Nullified Under Section 168A CGST Act
Case-Laws
GST
HC invalidated Notification No. 56/2023-Central Tax, which extended limitation periods under Section 168A of CGST Act for financial years 2018-19 and 2019-20. The court found the notification legally unsustainable, effectively setting aside the time limitation extension and consequently nullifying the subsequent demand order of Rs. 1,20,01,973 r

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Tax Credit Dispute: Appellate Path Opened with Nuanced Pre-Deposit Guidelines for Challenging Ineligible Input Tax Claims
Case-Laws
GST
HC held that the demand for ineligible input tax credit used for discharging outward tax liability involves potential duplication of demands. The court relegated the petitioner to the Appellate Authority, permitting appeal filing by 15th July, 2025, with pre-deposit mandated only for specific demand paragraphs. The court directed that any existing depos

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST Show Cause Notice Upheld: Procedural Technicality Cannot Override Substantive Legal Communication Under Section 73
Case-Laws
GST
HC rejected the petition challenging a GST show cause notice, holding that an inadvertent misdescription in document title does not invalidate its substantive content. The court found the document clearly identifiable as a valid Section 73 notice through portal description, watermarks, and accompanying context. The ex-parte order was deemed sustainable, em

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =