Goods and Services Tax

Writ Petition Succeeds: BPCL Machines Released After Court Finds No Tax Evasion in Stock Transfer Proceedings
Case-Laws
GST
HC allowed the writ petition challenging detention and confiscation of 4 MPD machines intended for stock transfer between BPCL locations. The court found no tax evasion, noting e-way bill was generated prior to detention order and goods were not for trade. Relying on precedent cases, the court quashed the detention orders dated 10.7.2023 and 29.1.2021, determining the seizure was technically improper under GST Act provisions and violated procedural guidelines.
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Procedural Violations Invalidate Notice: Natural Justice Principles Require Fair Hearing and Opportunity to Respond
Case-Laws
GST
HC held that the impugned notifications and show cause notice (SCN) were procedurally defective due to violation of natural justice principles. Citing precedent in a similar case involving Neelgiri Machinery, the court determined that the petitioner was not provided adequate opportunity for personal hearing. Despite portal modifications after 16th January 2024, the court found substantial procedural irregularities. Consequently, the court set aside the original order and remanded the matter back to the concerned adjudicating authority for fresh consideration, ensuring the petitioner receives proper opportunity to present their case.
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Tax Liabilities Resolved: Petitioner Allowed to Settle Outstanding Dues Under GST Circular No. 238/32/2024 with Full Waiver Consideration
Case-Laws
GST
HC ruled that the petitioner may discharge outstanding tax liabilities pursuant to Circular No. 238/32/2024 GST dated 15th October, 2024. The court directed the tax authority to accept all dues, including taxes, interest, penalties, and charges as per the demand notice. Since the petitioner failed to deposit taxes during the Covid-19 period and did not contest the department's counter affidavit, the court held that the petitioner can voluntarily settle the tax liability by making appropriate deposits, which the department must accept in accordance with applicable legal provisions.
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CBI arrests CGST superintendent, seizes assets worth crores
GST
Dated:- 10-6-2025
PTI
New Delhi, Jun 10 (PTI) The CBI has arrested a Central Goods and Services Tax (CGST) superintendent in Uttar Pradesh for allegedly accepting a Rs 1 lakh bribe for waiving penalty on a private company, officials said.
During searches at the premises of Nishan Singh Malli post arrest, the CBI seized 17 property documents, in his and his family members' name, worth crores.
“These properties include three residential flats in Ghaziabad and Moradabad; one commercial shop in Moradabad; 12 residential plots in Rampur and Gajraula. One Creta vehicle in the name of accused public servant was also seized,” a CBI spokesperson on Tuesday said.
Rs 3 l

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System Validation for Filing of Refund Applications on GST Portal for QRMP Taxpayers
GST
Dated:- 10-6-2025

1.In the month of May 2025, a system-level validation was deployed on the GST Portal to ensure adherence to the provisions outlined in Para 6 of Circular No. 125/44/2019-GST dated 18.11.2019. As per the said circular:
“Any refund claim for a tax period may be filed only after furnishing all the returns in FORM GSTR-1 and FORM GSTR-3B which were due to be furnished on or before the date on which the refund application is being filed. However, in case of a claim for refund filed by a composition taxpayer, a non-resident taxable person, or an Input Service Distributor (ISD), furnishing of returns in FORM GSTR-1 and FORM GSTR

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Furnishing Facility (IFF) for the first two months of the quarter (M1 and M2), resulting in the inability to proceed with refund filing. Additionally, in cases where GSTR-1 for the previous quarter had already been filed, the system was erroneously prompting taxpayers to file returns for M1 and M2 of the current quarter too. Taxpayers were facing this issue when the refund application was being submitted during the period between the two quarters.
4.This is to inform the taxpayers that the aforementioned technical issue has now been resolved. Taxpayers under the QRMP scheme can now file refund applications for the invoices for which GSTR-3B has been already filed. Please note invoices furnished through IFF for which GSTR-3B is yet to be fi

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High Court Quashes Input Tax Credit Order, Mandates Reconsideration Under CGST Act Section 16(5) for Fair Adjudication
Case-Laws
GST
HC allowed the petition challenging the adjudication order related to input tax credit under CGST/WBGST Act. The court set aside the existing order and directed the adjudicating authority to re-adjudicate the show-cause notice, taking into consideration the newly inserted sub-section (5) of Section 16, which was effective from 1st July, 2017. The decision follows the precedent established by Jharkhand HC and aligns with the Central Board of Indirect Taxes and Customs Notification No.22/2024, providing a special procedure for rectification of orders involving input tax credit contraventions.
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Procedural Defects Invalidate Tax Notices: Inadequate Service and Hearing Rights Render Notifications Null and Void
Case-Laws
GST
HC set aside N/N. 56/2023-Central Tax and N/N. 56/2023-State Tax due to procedural irregularities in serving show cause notice. The court found that the notice was uploaded without providing adequate opportunity for personal hearing and reply. Relying on precedent from a similar case, the HC remanded the matter to the Adjudicating Authority, directing proper service of notice via email, ensuring the petitioner can file a comprehensive reply within thirty days and present submissions. The impugned order was quashed, with instructions for the department to adjudicate the matter in accordance with legal principles.
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Tax Search Dispute Rejected: Delayed Petition Lacks Urgency, No Interim Relief Granted Until Further Notice
Case-Laws
GST
HC denied interim relief in tax search and seizure matter. The court noted significant procedural delays, with petitioner approaching court 8 months after July 2024 search operations. Only a preliminary DRC 1A notice was issued, with no show cause notice yet served. Given the current stage of proceedings, no interim order was granted. The matter was scheduled for June 2025 monthly list, with petitioner permitted to make future applications if warranted. Respondents' actions will be subject to final writ petition outcome.
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Procedural Flaw Invalidates Show Cause Notice: Adjudicating Authority Ordered to Reconsider Case with Proper Service
Case-Laws
GST
HC set aside the impugned order and remanded the matter back to the Adjudicating Authority due to procedural irregularities in serving the Show Cause Notice (SCN). The SCN was uploaded in the 'Additional Notices Tab' prior to 16th January 2024, which was not readily visible to the Petitioner, thus violating principles of natural justice. The Court found that the Petitioner was not provided a proper opportunity to be heard, and consequently, directed the matter to be reconsidered by the original authority, ensuring procedural fairness and adherence to due process.
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Ex-parte demand order upheld as petitioner failed to demonstrate procedural violations, directed to file appeal under Section 107 CGST Act
Case-Laws
GST
HC dismissed the writ petition challenging an ex-parte demand order of Rs. 33,68,140/-. Despite arguments of procedural impropriety and violation of natural justice, the court found that sufficient opportunities were provided to the petitioner. The HC directed the petitioner to file an appeal under Section 107 of CGST Act by 15th July, 2025, with a stipulation that the appellate authority shall hear the matter on merits if the prescribed pre-deposit is made within the specified timeframe. The petition was disposed of without interfering with the original ex-parte order.
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Vehicle Detention Invalid: Section 129 CGST Act Requires Actual Goods Transportation, Not Mere E-Way Bill Possession
Case-Laws
GST
HC ruled that detention of vehicle under Section 129 of CGST Act, 2017 was invalid. The statutory provision requires actual transportation of goods in contravention of law, which was absent in this case. Mere possession of an e-way bill without corresponding goods movement does not justify vehicle impoundment. The court strictly interpreted the penal provision, emphasizing that detention requires substantive evidence of statutory violation. Consequently, the court directed immediate release of the detained vehicle, finding the respondents' action ultra vires and without jurisdictional basis.
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CBI arrests UP CGST superintendent in bribery case
GST
Dated:- 9-6-2025
PTI
New Delhi, Jun 9 (PTI) The CBI has arrested two persons, including a superintendent of Central Goods and Services Tax (CGST) in Uttar Pradesh, while allegedly accepting bribe of Rs 1 lakh for waiving off penalty on a private company, officials said Monday.
The other person arrested by the agency is a tax lawyer who was representing the complainant in the case, they said.
CGST superintendent Nishan Singh M

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Himachal suffered losses after implementation of GST: CM Sukhu
GST
Dated:- 9-6-2025
PTI
Shimla, June 9 (PTI) Himachal Pradesh has suffered losses after the implementation of the Goods and Service tax (GST) as the state with a population of 75 lakh, is not a consumer state, Chief Minister Sukhvinder Singh Sukhu said on Monday.
Talking to PTI Videos here, he said that “there has been no advantage to us after GST as we are not a consumer state and states such as Uttar Pradesh, Bihar and West Bengal have benefitted from the GST.” “Our population is 75 lakh and we have suffered losses following GST's implementation despite being the biggest pharma hub, there has been no benefit as far as industry is concerned. Earlier we used to

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d Chitkul in Kinnaur district, along with selected areas in Lahaul-Spiti.
Access to these areas, which previously required special permissions from the ITBP and Indian Army due to their strategic locations and security, has now been eased under revised protocols and as per the new guidelines, local residents and bona-fide tourists can now visit these locations by presenting valid identity documents.
The ITBP and Army will continue to facilitate smooth and secure movement in alignment with prescribed protocols. The initiative is expected to strengthen local infrastructure, enhance livelihood opportunities through responsible tourism, and foster a deeper sense of National integration for communities residing in remote tribal belts.
“Pun

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Tax Authorities Validated in Search and Attachment Order, Petitioner Granted Opportunity to File Specific Objections Within Two Weeks
Case-Laws
GST
HC upheld the search authorization and attachment orders issued by State Tax authorities. The court found that the Commissioner's delegation of powers to the Assistant Commissioner was valid under the order dated 15.01.2018. While not adjudicating on the merits of the provisional attachment, the HC directed the respondent authorities to expeditiously consider any objection application filed by the petitioner within two weeks. The petition was consequently disposed of, with the impugned orders remaining in force and the petitioner granted an opportunity to raise specific objections through proper legal channels.
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Electricity Transmission Utility Services Deemed Taxable When Modifying Infrastructure at Third-Party Request Under GST Regulations
Case-Laws
GST
The AAR ruled on GST applicability for electricity transmission utility services. The key findings are: shifting/raising transmission towers at third-party request constitutes a taxable supply under service category “agreeing to do an act” (HSN 999792). The services are not transmission-related but infrastructure modification services. The supply is chargeable at 18% GST under Section 7 of CGST Act, 2017. Time of supply follows Section 13 of CGST Act. The value of supply is determined under Section 15 of CGST Act. Input tax credit availability depends on whether the construction relates to plant and machinery or immovable property. The ruling clarifies that infrastructure modification services for dedicated consumers are taxable commercial transactions.
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Motor Vehicle Exhaust After-Treatment System Classified as Automotive Part Under Tariff Heading 8708 for Emission Compliance
Case-Laws
GST
AAR ruled that the Exhaust After-Treatment System (ATS) is classifiable under tariff heading 8708 for motor vehicle parts. The system is specifically designed for particular motor vehicles, cannot function independently, and is manufactured per original equipment manufacturers' specifications. The ATS is tailor-made to fit precisely within a vehicle's exhaust system, meeting Bharat Stage VI emission standards. Being integral to vehicle functionality and unable to operate as a standalone filtering apparatus, the system qualifies as a motor vehicle component rather than independent machinery, thus warranting classification under the automotive parts tariff heading.
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Developer's Services to Housing Society Trigger GST Liability Based on Market Value of Comparable Property Transactions
Case-Laws
GST
AAR held that construction services rendered by developer to society members in exchange for development rights constitute a taxable supply under GST. The taxable value shall be determined by the market value of similar flats sold to independent buyers. GST liability is payable by the promoter on unsold flats at the time of completion certificate, with tax rates capped at 1% for affordable residential apartments and 5% for other residential apartments. Monetary considerations paid to existing members are not separately taxable, as they form part of the overall development rights consideration. The GST is calculated based on the value of area given free of cost, including amenities and parking, with tax becoming due on completion certificate or first occupation, whichever is earlier.
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Infosys gets huge relief on GST as DGGI closes Rs 32,400 cr pre-show cause notice
GST
Dated:- 7-6-2025
PTI
New Delhi, Jun 7 (PTI) In a major relief for Infosys, the Director General of GST Intelligence has closed pre-show cause notice proceedings against the company for financial years 2018-19 to 2021-22 involving a staggering Rs 32,403 crore in GST dues.
The latest move effectively ends nearly a year-long GST saga for India's second-largest IT services firm.
Mid-last year, the goods and services tax (GST) authorities had slapped Rs 32,403 crore notice on Infosys for services availed by the company from its overseas branches for five years starting 2017.
The GST demand, in fact, exceeds Infosys's annual profits (net profit

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ved and responded to a pre-show cause notice issued by DGGI for the period July 2017 to March 2022 on the issue of non-payment of IGST under Reverse Charge Mechanism.
“The GST amount as per the pre-show cause notice for this period was Rs 32,403 crore. The company had on August 3, 2024 received a communication from DGGI closing the pre-show cause notice proceedings for the financial year 2017-2018. With the receipt of today's communication from DGGI, this matter stands closed,” Infosys said.
In July last year, Infosys had informed that Karnataka State GST authorities issued a pre-show cause notice for payment of GST of Rs 32,403 crores for the period July 2017 to March 2022 towards the expenses incurred by overseas branch offices of Inf

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nfosys has paid all its GST dues and is fully in compliance with the central and state regulations on this matter,” the company had contended.
The document sent to Infosys by GST authorities at that point had reportedly said, “In lieu of receipt of supplies from overseas branch offices, the company has paid consideration to the branch offices in the form of overseas branch expense. Hence, M/s Infosys Ltd, Bengaluru is liable to pay IGST under reverse charge mechanism on supplies received from branches located outside India to the tune of Rs 32,403.46 crores for the period 2017-18 (July 2017 onwards) to 2021-22.” The Directorate General of GST Intelligence in Bengaluru had been of the opinion that Infosys did not pay the Integrated-GST (

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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

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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

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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

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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

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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 structure, requiring developers to choose between 1% (affordable housing) or 5% (without input tax credit) tax rates. The ruling partially allowed the applicant's original tax treatment, limiting the preferential GST rate to specific towers while excluding the remaining project components.
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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 paid an additional 5% will receive a refund. TNHB must reconcile its tax obligations internally without involving purchasers, and execute sale deeds at the originally quoted inclusive price. The petition was allowed, protecting purchasers from supplementary financial demands post-agreement.
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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 July, 2025, with mandatory pre-deposit under Section 107 of CGST Act, 2017, ensuring the appeal would be adjudicated on merits without limitation bar. The petition was disposed of, directing the Petitioner to pursue alternative legal remedies.
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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 mandatory pre-deposit, ensuring the appeal would be adjudicated on merits if filed within the prescribed timeframe. The petition was disposed of, reinforcing procedural constraints in tax-related fraudulent claims.
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