Goods and Services Tax

Online Appeal Restored After Court Rules Against Dismissal for Lack of Certified Physical Copy of Assessment Order.
Case-Laws
GST
Dismissal of an appeal by the petitioner against an assessment order. The dismissal was primarily due to the petitioner filing an online appeal without submitting a certified physical copy of the assessment order, instead providing a downloaded copy. The High Courts unanimously held that the amendment to Rule 108, effective from 26.12.2022, is procedural and

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Hostel accommodation services not GST-exempt; taxed at 18% when combined with food. Providers must register if turnover exceeds threshold.
Case-Laws
GST
Eligibility criteria for GST exemption on hostel accommodation services, the requirement for GST registration based on turnover, the applicable GST rate for hostel accommodation services, and the tax treatment of in-house food supply as part of hostel services. The key points are: hostel accommodation services do not qualify as a 'resid

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Court Overrules Harsh Dismissal of Tax Appeal Due to Spouse's Critical Illness; Restores Petitioner's Rights.
Case-Laws
GST
Petitioner challenged dismissal of appeal by Appellate Authority against levy of penalty for excess Input Tax credit due to delay in filing appeal caused by unavoidable circumstances like critical illness of spouse requiring extensive medical care. Despite providing supporting documentation, Appellate Authority refused to condone delay citing rigid interpretation o

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Court Quashes GST Levy on Chit Funds; Writ Petition Deemed Maintainable Despite Alternative Adjudication Pathways.
Case-Laws
GST
The High Court held that the writ petition challenging the show cause notice issued for levying GST on commission received under the Chit Funds Act is maintainable. Despite the availability of an alternate adjudication mechanism, the Court can exercise jurisdiction under Article 226 when proceedings are challenged as being without jurisdiction, based on the Su

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Electricity Surcharge for Open Access Consumers Taxable Under CGST Act; Input Tax Credits Allowed for Capitalized Goods.
Case-Laws
GST
Taxability of additional surcharge collected by a government-owned electricity distribution company from open access consumers who source electricity from private generators. The key points are: The company is exempt from filing certain GST returns and can claim input tax credit on capitalized goods/services and services for support/auxiliary supplies. I

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GST Exemption Denied for GTA Services Without Consignment Notes to Unregistered Foreign Entities.
Case-Laws
GST
The ruling pertains to the exemption from GST on pure services provided by a Goods Transport Agency (GTA) to an unregistered foreign entity. The applicant, a GTA-cum-Packing & Moving Company, claimed exemption under relevant notifications. However, the ruling clarified that the exemption is exclusively for services by a GTA to an unregistered person, where a GTA is defined as

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Court Finds Breach of Natural Justice in GST Case Due to Inadequate Notice; Order Set Aside for Further Response.
Case-Laws
GST
The High Court found a violation of principles of natural justice as the notices were uploaded on the “view additional notices and orders” tab of the GST portal, and the petitioner was unaware of the proceedings. The impugned order pertained to discrepancies between the petitioner's GSTR-3B return, auto-populated GSTR-2A, and reconciliation of turnover as per t

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Court Upholds GST Audit Notice for De-Registered Entity; Highlights Compliance Post De-Registration.
Case-Laws
GST
The High Court dismissed the writ petition challenging the notice issued u/s 65 of the Maharashtra Goods and Services Tax Act, 2017 for conducting an audit for the financial year 2020-21, even though the petitioner had ceased to be registered on the date of ordering the audit. The Court held that the provisions of Section 65 dealing with audit would apply to a person who wa

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High Court Quashes Orders Exceeding U.P.G.S.T. Act Time Limits; Orders De-freezing of Petitioner's Accounts.
Case-Laws
GST
The case pertains to the jurisdiction of impugned orders under the U.P.G.S.T. Act, 2017, and the time limitation u/s 73 and Section 44 of the Act. The key points are: the retrospective effect of notifications, the time limit prescribed for issuing orders u/s 73(9) based on the due date of filing annual returns u/s 44(1), and the validity of the impugned orders in li

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Excessive delay in issuing show cause notice & adjudication order violates natural justice; notice quashed, proceedings restrained.
Case-Laws
GST
Inordinate, unexplained delay in issuing show cause notice and adjudication order violates principles of natural justice. The Court, citing precedents, quashed the show cause notice and restrained the Respondents from proceeding further with the inordinately delayed adjudication. The impugned order was set aside, preventing further steps or pr

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HC grants interim relief in GST show cause notice case, extends reply time.
Case-Laws
GST
The High Court granted interim relief to the petitioners challenging an order issued u/s 74 of the Central/West Bengal Goods and Services Tax Act, 2017. Considering the prima facie case and the clarification issued by the Central Board of Indirect Taxes and Customs, the petitioners were entitled to limited protection. The Court extended the time for responding to the show cause notice by three week

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Rectification: Show Cause Notice quashed for period pre 9/10/2018 due to Notification 54/2018's prospective application.
Case-Laws
GST
The High Court rectified its previous order, holding that Notification No. 54/2018 Central Tax shall apply prospectively from 9th October 2018 only. Consequently, the show cause notice dated 31.03.2023, issued on the basis of retrospective operation of the said Notification for the period prior to 9.10.2018, was quashed as being without jurisdiction. The

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GST appeals allowed despite cash payment shortfall, awaiting Supreme Court's verdict.
Case-Laws
GST
Notification 53/2023 issued by the Ministry of Finance permitted filing delayed appeals beyond Section 107 of GST Act, stipulating payment of 12.5% of pending amounts, with 20% paid from Electronic Cash Ledger. This implied the 10% prescribed by statute could be paid from Electronic Credit Ledger. The High Court initially rejected the appeal on grounds of payment from Electronic Cash Ledg

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Aggregator Must Collect GST on Full Invoice Amount for Lab Services, Not Just Margin, and Is Not Exempt as an E-commerce Operator.
Case-Laws
GST
The applicant, acting as an aggregator for diagnostic and lab services provided through third-party diagnostic labs, is liable to collect GST on the entire invoice amount raised on companies/insurance companies/insurance brokers, not merely on the margin. The applicable tax rate is based on the services being diagnostic services covered under h

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Important advisory on GSTR 2B and IMS
GST
Dated:- 19-11-2024

1. It has been reported by few taxpayers that their GSTR-2B for October-2024 period has not been generated on 14th November, 2024. In this regard it to be informed that as per the design of IMS, GSTR-2B will not be generated by the system in below scenarios:
i. In case the taxpayer has opted for QRMP scheme (Quarterly filers), GSTR-2B will not be generated for first and second month of the quarter. Ex. For quarter Oct-Dec, 2024, the quarterly taxpayer will get GSTR-2B for December-2024 period only and not for October-2024 & November-2024.
ii. In case the taxpayer has not filed their previous period GSTR-3B, GSTR-2B will not be generated by the system. Such taxpay

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Disputed GST assessment order annulled; 25% tax deposit required; objections permitted.
Case-Laws
GST
Challenge to assessment order and rectification order for assessment year 2018-19 – mismatch between GSTR-3B and GSTR-2A/GSTR-2B – order challenged on grounds of non-service through tendering or registered post, violating principles of natural justice – impugned order set aside – petitioner directed to deposit 25% of disputed tax as per rectification order within 4 weeks – on compliance

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Taxpayer wins case over GST demand orders hidden on portal.
Case-Laws
GST
Petitioner challenged order u/s 73 of GST Act creating demand, as notices were uploaded on GST portal's 'Additional Notices and Orders' tab, unbeknownst to petitioner who couldn't appear or question orders within limitation period. Referring to OLA FLEET case, where impugned order wasn't reflected under 'View Notices and Orders' tab and assessee's replies weren't considered, High Court quashed impugned orders date

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Excessive tax liability determination in final order vs show cause notice allegations violates law.
Case-Laws
GST
The High Court held that the final assessment order passed by the authority exceeded the scope of the show cause notice by determining a higher tax liability than alleged in the notice. This violated Section 75(7) of the Act, which mandates that the final order cannot travel beyond the allegations in the show cause notice. Consequently, the High Court set aside the impugned

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Apex Court upholds validity of extension of GST annual return filing date & dismisses writ against Show Cause Notice.
Case-Laws
GST
Extension of time limits for filing annual returns under GST Acts was valid. Show Cause Notice issued within extended time limit u/s 73(9) of CGST/AGST Act for FY 2017-18 was upheld. Writ petition was dismissed as statutory appeal remedy u/s 107 of CGST/AGST Act was available against the Order-in-Original passed by the Adjudicating Authority. Principles of

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Dismissal of petition against tax recovery notice; adjudication on suppression, misstatement facts reserved for later stage.
Case-Laws
GST
Entertainability of petition challenging show cause notice for recovery of taxes, determination of value of supply u/s 15(3)(b) of CGST Act. Allegations of suppressing facts, misstatement regarding non-furnishing outward supplies u/s 37, intention to evade GST from July 2017 to March 2022. Invocation of extended period of limitation based on suppress

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Delayed GST refund interest payable from 60 days after shipping bill till actual refund, despite interim red-flagging.
Case-Laws
GST
Interest on delayed refund of tax u/s 56 of Central Goods and Services Tax Act, 2017 is payable from expiry of 60 days from date of filing shipping bill till date of actual refund, irrespective of any interim period where assessee's name was red-flagged on department's portal. Section 56 provides for period of interest payment, commencing from date of rece

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Cancelled GST registration revived on filing pending returns, paying dues.
Case-Laws
GST
Proviso to sub-rule (4) of Rule 22 of CGST Rules 2017 allows revocation of GST registration cancellation u/s 29(2)(c) of CGST Act 2017 if pending returns are filed and tax, interest and late fees paid. Petitioner's GST registration was cancelled for non-filing returns for 6 months. High Court set aside cancellation order, directing petitioner to approach authority within 1 month for revocation upon

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Petitioner's appeal dismissed for procedural lapses, but order quashed over respondent's verification failure. Fresh consideration ordered.
Case-Laws
GST
The court dismissed the petitioner's appeal due to non-compliance with statutory requirements, specifically the failure to submit valid proof of payment of the mandatory pre-deposit and the absence of valid documents establishing the petitioner's authority as an authorized signatory under the Companies Act. However, the court found tha

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Penalty Reduced for Technical E-Way Bill Violation; No Tax Evasion Intent Found; Original Rs. 11,08,150 Penalty Cut to Rs. 25,000.
Case-Laws
GST
Challenge to penalty order u/s 129(1) of CGST Act for non-generation of Part-B of E-way bill. Petitioner accepted notice and paid Rs. 11,08,150 penalty voluntarily without objection. Respondent justified in passing penalty order for violating Section 129(1). However, petitioner had no intention of tax evasion, transporting goods from port after

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New CGST provision on input tax credit for 2018-19 invoices submitted before Nov 2021.
Case-Laws
GST
Amendment to Central Goods and Services Tax (CGST) Act, 2017 introduced sub-section (5) in Section 16 regarding input tax credit. Petitioner submitted invoice/debit note for financial year 2018-19 prior to November 30, 2021, falling under the purview of sub-section (5). High Court directed respondent authorities to consider the matter and pass appropriate order considering the provision

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