Goods and Services Tax

Court Sets Aside Order on Excess Input Tax Credit Claims, Directs 25% Deposit of Disputed Taxes Within Four Weeks
Case-Laws
GST
The HC set aside the impugned order dated 07.03.2024 concerning excess Input Tax Credit (ITC) claimed due to non-reconciliation of information, including ITC from cancelled dealers, return defaulters, and tax non-payers. The Court directed the petitioner to deposit 25% of the disputed taxes determined in the impugned order within four weeks from receipt of the

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Stipend Payments Through Training Program Coordinator Qualify as “Pure Agent” Transactions Under Rule 33, Exempt from GST
Case-Laws
GST
The AAR ruled that the applicant, who coordinates on-the-job training programs between universities and industry partners, acts as a “pure agent” under Rule 33 regarding stipend payments to trainees. The applicant functions merely as a conduit, receiving stipend amounts from industry partners and disbursing them in full to trainees without deductions. T

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Fish Finders Not Eligible for 5% Tax Rate as They Don't Qualify as Essential Vessel Parts Under N/N. 1/2017
Case-Laws
GST
The AAR ruled that fish finders cannot be classified as parts of vessels under Chapter headings 8901, 8902, 8904, 8905, 8906, or 8907, and therefore are not eligible for the reduced 5% tax rate under Sr.No.252 of N/N. 1/2017 Central Tax (Rate). The authority determined that while fish finders are manufactured for use on fishing vessels and other watercraft, vessels r

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GST Demand Quashed: Authorities Wrongly Combined Turnover of Two Firms Under Same PAN Number
Case-Laws
GST
HC quashed the show cause notice and demand raised against the petitioner (Jindal Communication) due to an erroneous assessment based on GST turnover discrepancies. The Court determined that the respondent authorities could not dispute the petitioner's explanation that the alleged turnover difference resulted from two separate firms (Jindal Communication and Jindal Marketing Compan

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Assessment Orders Nullified After Tax Officer Denied Requested Personal Hearing, Violating Natural Justice Principles
Case-Laws
GST
The HC set aside assessment orders due to violation of principles of natural justice, as the Assessing Officer failed to grant personal hearing despite the petitioner's request in their reply notice. The Court held that when an assessee opts for personal hearing in their reply, the Assessing Officer must grant it, even if “no” was marked in the form. Follow

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60-Day Limitation Under GST Act Section 62(2) Is Directory, Not Mandatory for Filing Returns
Case-Laws
GST
The HC held that the 60-day limitation period under Section 62(2) of the GST Act is directory rather than mandatory. Where a registered person fails to file returns within the prescribed timeframe, resulting in best judgment assessment orders, the right to file returns cannot be denied merely because the 60-day period has elapsed. If the taxpayer demonstrates valid reasons beyond t

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Improper GST Notice Service Through Portal Only Violates Natural Justice Under Section 161 of GST Act
Case-Laws
GST
The HC set aside orders passed under Section 161 of the Tamil Nadu/Central Goods and Service Tax Act, 2017 due to violation of natural justice principles. The Department failed to serve notices through physical means, instead making them available only in the GST Portal under “View of additional notices and orders” column, which petitioner was unaware of. The Court determi

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GST Appeal Rejection Overturned: Small Business Owner Gets Second Chance Despite Form Error and 19-Day Delay
Case-Laws
GST
The HC quashed the order rejecting the petitioner's GST appeal due to time limitation. Despite the petitioner erroneously writing “NA” in the delay explanation section of GST APL-04 form, the Court found no lack of bona fide, noting the petitioner had made the required pre-deposit of Rs. 10,900/- when filing the appeal. Considering the petitioner's status as a small

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GST Registrations Restored After Cancellation Orders Set Aside for Procedural Violations Under Section 29(2)
Case-Laws
GST
The HC set aside orders cancelling GST registrations under CGST/SGST Acts 2017, finding procedural violations by the Proper Officer. The court determined that cancellation under Section 29(2) requires proper notice and meaningful opportunity for hearing per Rule 22, not mere formality. Despite petitioners' failure to respond to show cause notices, the impugned order

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Customs Order Set Aside: Authority Failed to Consider Reply to Show Cause Notices, Violating Natural Justice Principles
Case-Laws
GST
The HC set aside the impugned Order-in-Original due to procedural irregularities that violated principles of natural justice. The order had incorrectly proceeded on the premise that the petitioner had not filed any reply to the Show Cause Notices, when in fact a response had been submitted. This factual error constituted a fundamental breach of procedural

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R'than Assembly passes GST Amendment Bill by voice vote
GST
Dated:- 12-3-2025
PTI
Jaipur, Mar 12 (PTI) The Rajasthan Assembly on Wednesday passed the Rajasthan Goods and Services Tax (Amendment) Bill-2025 by voice vote amid a walkout staged by the Opposition Congress.
Deputy Chief Minister Diya Kumari presented the bill in the House, and it was passed by voice vote.
She said that the passage of this bill would bring continuity to the tax collection system, and along with the revenu

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Minor Typographical Errors in Tax Invoices and E-way Bills Don't Justify Harsh Penalties Under CGST Act Section 129(1)(b)
Case-Laws
GST
The HC ruled that when a taxpayer produces tax invoices and e-way bills with minor typographical errors (such as incorrect vehicle number HR-46C-4623 instead of HR-58C-4623), goods should be released under Section 129(1)(a) rather than 129(1)(b) of the CGST Act. Following precedent established in Halder Enterprises v. State of U.P. & others and the circ

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Assessment Orders Under GST Section 73(9) Quashed as Target Company Ceased to Exist After Merger
Case-Laws
GST
The HC quashed three assessment orders issued under Section 73(9) of the GST Act against MVIL, as they were passed after MVIL had already merged with the petitioner company and ceased to exist. Following the Supreme Court's precedent in Maruti Suzuki India Limited and Delhi High Court's ruling in HCL Infosystems Ltd., the court held that proceedings against a non-existent entit

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GST Proceedings Revived: Court Allows Filing of Objections to Show Cause Notice Under Section 73 Due to Medical Grounds
Case-Laws
GST
The HC allowed the petition by remanding the matter back to the stage of filing objections to the show cause notice issued under Section 73 of GST Act. Despite the petitioner's appeal being rejected solely on grounds of delay, the Court determined it retained jurisdiction to examine the ex-parte order. The Court found that the petitioner's inability to pa

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GST Show Cause Notices Uploaded Only on Portal Without Physical Service Violates Natural Justice Principles
Case-Laws
GST
The HC set aside the impugned order dated 28.08.2024 due to violation of principles of natural justice. The respondents had uploaded show cause notices only on the GST Portal under “Additional Notice” tab without physical service, which went unnoticed by the petitioner. Although the petitioner's former consultant filed a reply on 20.06.2024, the respondents passed an

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IGST Refund Ordered for Zero-Rated Supply as Departmental Circulars Cannot Override Rule 96 of CGST Rules
Case-Laws
GST
The HC directed the refund of IGST paid under Section 16(3) of IGST Act read with Section 54 of CGST Act and Rule 96 of CGST Rules for zero-rated supply. The court determined that departmental circulars cannot override Rule 96, relying on precedent established in Amit Cotton Industries (Gujarat HC). The court ordered the respondent to refund Rs. 12,72,827 with applicab

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Appellate Authority Wrong to Reject GST Appeal When 10% Tax Deposit Made Within Limitation Period Under Section 107
Case-Laws
GST
The HC held that the Appellate Authority erroneously rejected appellant's appeal under Section 107 of the 2017 Act. While the appellant did not deposit the required 10% tax amount simultaneously with filing the appeal, they did make the payment within five days, which was still within the statutory limitation period prescribed by Section 107(1). The Court det

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GST official suicide: Wife claims 'immense work pressure'
GST
Dated:- 11-3-2025
PTI
Noida, Mar 11 (PTI) The wife of the deputy commissioner of GST posted in Ghaziabad, who allegedly committed suicide, claimed that her husband was under “immense work pressure” and added that he did not have stage four cancer, police said on Tuesday.
According to police, the incident took place in Apex Athena Society on Monday when Sanjay Singh (59), who worked in the Goods and Services Tax (GST) Dep

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Incomplete Job Work Challans Justify GST Penalty Under Section 129 for Goods Found at Undocumented Destination
Case-Laws
GST
The HC upheld tax and penalty under GST Act Section 129 after goods were found at a different destination than documented. The court determined that the petitioner failed to comply with Rule 55 requirements for issuing proper job work challans. Upon examining the challan produced by the ACSC, the court noted it lacked several mandatory descriptions prescribed unde

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Petitioner Granted Bail After 4-Year Incarceration: Court Reduces Onerous Conditions Under Section 167(2) CrPC and Section 479 BNSS
Case-Laws
GST
The HC granted bail to the petitioner who had been incarcerated for over 4 years despite being eligible for default bail under Section 167(2) of CrPC (now Section 187(3) of BNSS). The Court held that imposing onerous conditions like surety bonds of Rs. 1.10 crore and a bank guarantee of Rs. 55 lakhs was antithetical to principles of justice an

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GST Adjudication Orders Quashed: Section 74 Proceedings Conducted Without Personal Hearing Violate Natural Justice
Case-Laws
GST
The HC quashed adjudication orders passed under s.74 of the Jharkhand GST Act, 2017, as they were issued without granting the petitioner an opportunity for personal hearing, violating principles of natural justice. The court noted that state tax authorities continue to conduct proceedings in disregard of mandatory statutory provisions, resulting in potential r

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Fruit Juice-Based Drinks Correctly Classified Under Tariff Item 2202 99 20, Not 2202 10 90; Section 74 Penalties Set Aside
Case-Laws
GST
HC determined the petitioner's products were correctly classified under Tariff Item 2202 99 20 as “fruit pulp or fruit juice-based drinks” rather than under 2202 10 90 as “waters containing added sugar or flavoured.” The court held that classification depends on the dominant nature of the product, with the presence of fruit juice attributing essential

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GST Proceedings Stayed for MIDC Land Leasehold Rights Transfers Under Schedule III Clause 5
Case-Laws
GST
HC stayed GST proceedings related to assignment of leasehold rights of MIDC land plots and buildings constructed thereon for lump sum consideration. Following Gujarat HC's precedent in Gujarat Chambers of Commerce case, which held that assignment/transfer of leasehold rights of industrial development corporation land constitutes transfer of benefits arising from “immovable property”

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Improper Service of GST Demand Notice on Portal Under “Additional Notices” Section Invalidated as Inaccessible to Taxpayer
Case-Laws
GST
The HC quashed the impugned order where a demand notice was challenged for improper service. Following Anhad Impex precedent, the Court found that notices uploaded under “additional notices and orders” on the GST portal were not easily accessible and thus escaped the petitioner's attention. While Section 169 permits service via the common portal, the C

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GST Authority's Order Quashed for Failing to Provide Hearing Under Section 75(4) Despite Taxpayer's Reconciliation Explanation
Case-Laws
GST
The HC held that the tax authorities violated principles of natural justice by failing to consider the petitioner's explanation regarding duplication of taxable supply amounts in Form GSTR-1. The petitioner had demonstrated in Form GST ASMT-11 that there was no actual discrepancy between GSTR-3B and GSTR-9 returns, as the data had been reconciled.

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