Goods and Services Tax

West Bengal Clarifies GST Exemptions for Penal Charges, Payment Aggregators, and R&D Services Funded by Government Grants
Circulars
GST – States
The West Bengal Directorate of Commercial Taxes has issued clarifications on GST applicability for several services. Key determinations include: no GST on penal charges levied by Regulated Entities for loan contract non-compliance; GST exemption for Payment Aggregators handling transactions up to 2,000; regularization of GST payments for R&

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Insurance Co-Premium Apportionment and Reinsurance Commission Now Included in Schedule III of WBGST Act from November 2024
Circulars
GST – States
The West Bengal Directorate of Commercial Taxes has regularized GST payment for two insurance-related transactions on an “as is where is” basis for the period from 01.07.2017 to 31.10.2024. Effective 01.11.2024, these transactions have been included in Schedule III of the WBGST Act as neither supply of goods nor services: (1) co-insurance prem

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Accused in Rs. 31.18 Crore Input Tax Credit Fraud Granted Bail After Six Months in Custody
Case-Laws
GST
The HC granted regular bail to the applicant accused of availing ineligible Input Tax Credit of Rs. 31.18 crores based on fake invoices from non-operational firms. The Court noted that the prosecution's case relied on documentary evidence already filed in tax returns, and the applicant's business account had been released after initial attachment. Considering that the alleged offense

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Advertisement Tax Demands After GST Implementation Declared Illegal Under Section 173 of U.P. GST Act
Case-Laws
GST
HC held that Kanpur Nagar Nigam lacks authority to levy advertisement tax after the implementation of the U.P. GST Act, 2017 and Constitution (101st Amendment) Act, 2016. The court clarified that its previous order unambiguously quashed tax demands falling within Section 173 of U.P. GST Act read with the 101st Constitutional Amendment. Advertisement tax collected beyond Ap

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GST Fraud Accused Granted Bail After 54 Days in Custody Under CGST Act for Input Tax Credit Evasion
Case-Laws
GST
The HC granted bail to the proprietor of M/s P.S. Enterprise who was accused of fraudulently availing Input Tax Credit and evading GST payments amounting to crores of rupees. After 54 days in judicial custody (against the mandatory period of 60 days), the Court determined that the primary purpose of the CGST Act is not penal but to recover amounts due to the Government Exche

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Time Extension for GST Show Cause Notices Challenged: Court Questions Validity of Notifications Under Section 168A
Case-Laws
GST
The HC granted ad-interim relief against notifications extending time limits for issuing Show Cause Notices under the CGST Act. The court found a strong prima facie case on two grounds: first, similar challenges to these notifications had already received interim relief in other petitions before the same court; second, the SCN in question should have been issu

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Bail Granted in GST Case: Arrest Deemed Invalid for Non-Compliance with Section 35(3) of BNSS, 2023
Case-Laws
GST
The HC found the petitioner's arrest vitiated due to non-compliance with Section 35(3) of BNSS, 2023, which requires issuance of a notice of appearance prior to arrest. The court determined that despite the petitioner's cooperation with summons under Section 70 of CGST Act, proper arrest procedures were not followed for an offense punishable with less than five years impriso

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Refund of Excess GST Collected by Promoter Denied as Petitioners Failed to Pursue Legal Action Against Promoter First
Case-Laws
GST
The HC dismissed the petition regarding refund of excess GST collected by a promoter and deposited with the respondents. The Court determined that petitioners had prematurely approached judicial remedy without first pursuing legal actions against the promoter to obtain necessary documentation for processing their refund claim. The Court noted that such docu

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Retrospective GST Registration Cancellation Requires Proper Justification and Notice Under Section 29 of CGST Act
Case-Laws
GST
The HC ruled that retrospective cancellation of GST registration requires proper justification and adherence to natural justice principles. Following Riddhi Siddhi Enterprises precedent, the Court held that Section 29 of CGST Act allows retrospective cancellation only when deemed fit based on objective criteria, not mechanically. The authority's failure to prov

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Input Tax Credit Claims Valid Under Section 16(5) Despite Section 16(4) Limitations in CGST Act
Case-Laws
GST
The HC quashed the attachment of the petitioner's banking account, following precedent established in Sri Ganapathi Pandi Industries (2024). The Court determined that the petitioner's claim for input tax credit, while barred under Section 16(4) of the CGST Act, 2017, was still within the limitation period prescribed by Section 16(5) of the same Act. The Court disposed of the pet

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Input Tax Credit Claims Protected by Retrospective Amendment to Section 16(5) of CGST Act Despite Time Limitations
Case-Laws
GST
The HC quashed orders reversing ITC claims based on time limitations, following its precedent in W.P.Nos.25081 of 2023. The court determined that the retrospective amendment to Section 16 of the CGST Act, specifically the insertion of sub-section (5) effective from 01.07.2017, entitles petitioners to avail ITC for GSTR-3B returns filed for FYs 2017-18 through

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GST Rates Clarified: 5% on Pepper, Exemptions for Farmers, Different Rates for Popcorn Types
Circulars
GST – States
The Goa Commissioner of State Taxes has adopted Circular No. 247/04/2025-GST from the Tax Research Unit, Ministry of Finance, for uniform implementation under the Goa GST Act. The circular clarifies that: pepper of genus Piper attracts 5% GST; agriculturists supplying dried pepper or raisins are exempt from GST registration; ready-to-eat popcorn with salt/spices attracts 5

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Late Fees for Delayed GST Annual Returns Apply Until Both GSTR-9 and GSTR-9C Are Filed Under Section 47(2)
Circulars
GST – States
The CBIC clarifies that late fees under section 47(2) of the CGST Act apply to delays in filing complete annual returns under section 44, which includes both FORM GSTR-9 and GSTR-9C (when required). For taxpayers with turnover exceeding the threshold (currently five crore rupees), the annual return is considered incomplete until both forms are submitted. Late

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Goa adopts Finance Ministry's Circular 245 clarifying GST exemptions for loan penalties and payment aggregators
Circulars
GST – States
The Goa Commissioner of State Taxes has adopted Circular No. 245/02/2025-GST issued by the Ministry of Finance for uniform implementation under the Goa GST Act. The circular provides several key clarifications: penal charges levied by regulated entities for loan contract non-compliance are exempt from GST; RBI-regulated Payment Aggregators qualify for GS

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GST Exemption on Insurance Premium Sharing and Reinsurance Services Under Schedule III Amendment
Circulars
GST – States
The circular regularizes GST payment on two insurance-related transactions from July 1, 2017 to October 31, 2024 on an “as is where is” basis. Effective November 1, 2024, Schedule III of the CGST Act was amended to exclude: (1) premium apportionment by lead insurers to co-insurers, provided the lead insurer pays GST on the entire premium; and (2) services by insurers t

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Input Tax Credit Refund for Export Services Without Tax Payment Awaits Authority Review
Case-Laws
GST
The HC disposed of a petition concerning refund of Input Tax Credit (ITC) for export of services without tax payment. The petitioner committed to furnish any required materials without delay when requested. The Court expressed confidence that authorities would examine the matter diligently and pass appropriate orders within the timeframe indicated by respondent's counsel. The applicatio

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Denial of Input Tax Credit Overturned as Section 16(5) Extends Time Limit for Claims from FY 2017-18 to 2020-21
Case-Laws
GST
The HC set aside the denial of Input Tax Credit (ITC) for FY 2018-19 that was based on Section 16(4) of CGST/SGST Act. The Court recognized that Section 16(5) extended the time limit for claiming ITC for FYs 2017-18 to 2020-21 until November 30, 2021. The impugned order failed to consider this provision. The HC directed the competent authority to reconsider the p

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Adjudication Order Upheld After Petitioner Repeatedly Failed to Respond Despite Multiple Hearing Notices Sent by Post and Email
Case-Laws
GST
The HC dismissed an application seeking to quash a show-cause notice and adjudication order. The Court found that despite multiple hearing notices sent both by post and email, the petitioner failed to appear before the adjudicating authority. The Court determined that the show-cause notice was sufficiently detailed, setting out all necessary parti

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Authorities Directed to Consider GST Non-Payment Allegations and Issue Speaking Order Within Two Weeks
Case-Laws
GST
The HC directed respondent No. 1 to consider the petitioner's representations regarding non-payment of GST and other alleged offenses by respondent No. 2. A speaking order must be issued within two weeks, with discretion given to respondent No. 1 to hear both parties before making the determination. The petition was allowed, though the Court did not directly order registr

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Revenue Department's Order Set Aside: Petitioner Must Deposit 25% of Disputed Tax Amount Within Four Weeks
Case-Laws
GST
The HC set aside the impugned order due to violation of natural justice principles, specifically non-service of notices and orders that prevented the petitioner from participating in adjudication proceedings. The petitioner demonstrated willingness to pay 25% of the disputed tax amount. The Court allowed the petition with the condition that the petitioner must deposit

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Assignment of Long-Term Leasehold Rights Not Subject to GST Under Section 9 of CGST Act
Case-Laws
GST
The HC quashed and set aside the show cause notice, ruling that assignment of long-term leasehold rights does not attract GST. Following Gujarat Chamber of Commerce precedent, the court determined that such assignment constitutes a transfer of benefits arising from immovable property rather than a taxable supply under the CGST Act. The deed of assignment represents a sale/transfer of le

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GST Proceedings Under Section 73 Not Time-Barred When Completed Before December 31 Deadline
Case-Laws
GST
The HC examined whether proceedings under Section 73 of the U.P. GST Act, 2017 were time-barred. The proceedings commenced on 20.09.2023 via show cause notice with a final order issued on 15.12.2023. Applying the precedent established in M/s A.V. Pharma vs. State of U.P. & Ors., the Court determined that such orders could only be passed until 31.12.2023, even with time extensions. S

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Taxpayer Wins as Assessment Order Set Aside Due to Improper Service of Notice Under Section 169(1) of CGST Act
Case-Laws
GST
The HC set aside the impugned assessment order dated 28.08.2024 for AY 2019-2020 and consequential proceedings, applying precedent from MR. SAHULHAMEED case which established that assessees are entitled to service of notice under the modes prescribed in clauses (a), (b), and (c) of Section 169(1) of CGST Act, 2017. The petitioner was directed to submit a reply to

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Agricultural Produce Market Cess Collection Ruled Unconstitutional After GST Implementation Under CGST and AGST Acts 2017
Case-Laws
GST
The HC ruled that collection of cess by respondent authorities under the Assam Agricultural Produce Market Act, 1972 post-GST implementation was unconstitutional and ultra vires to the provisions of the CGST Act, 2017 and AGST Act, 2017. Following the precedent established in M/s. Bhatter Traders, which involved pari materia issues, the Court disposed o

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Blocking of Electronic Credit Ledger Quashed: Rule 86A Procedural Requirements Not Met in GST Case
Case-Laws
GST
The HC quashed the order blocking the petitioner's Electronic Credit Ledger under Rule 86A of KGST/CGST Rules. The Court found multiple procedural deficiencies: no pre-decisional hearing was provided to the petitioner; the order lacked independent “reasons to believe” as required by law; and the authority impermissibly relied on borrowed satisfaction from enforcement reports.

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