Goods and Services Tax

Adjudication order set aside for natural justice failures; deposit Rs. 8,17,000 within one month for fresh adjudication with personal hearing
Case-Laws
GST
The HC set aside the impugned adjudication order for violation of principles of natural justice, holding that the adjudicating authority failed to fix a personal hearing date, did not consider the noticee's furnished reply, and omitted to issue a fresh hearing notice for the subsequently appointed date. The petition is disposed of subject to the petitioner depositing Rs. 8,17,000 within one month; upon such deposit the appellate/assessment proceedings shall be remitted for fresh adjudication in accordance with statutory requirements of notice, opportunity of personal hearing, and reasoned consideration of the noticee's objections. Non-compliance with the deposit condition will render the order liable to be reinstated.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Order set aside; respondents must refund contested amount with 6% statutory interest from operative date due to unlawful rejection
Case-Laws
GST
The HC allowed the petition, setting aside the impugned order dated 09.09.2024, and directed respondents to refund the contested amount with statutory interest at 6% per annum from the date the order of the First Authority became operative, on the ground that the refund was not made within 60 days of that order. The court rejected respondents' plea to attract the higher 9% rate, noting petitioners sought only 6% and that the Appellate Authority had quashed the original rejection dated 14.09.2020. The HC held the rejection to be unlawful and confirmed entitlement to the specified interest on the delayed refund.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Petitioner reinstated into GST regime after Rule 10A compliance; cancellation set aside, pay Rs.50,000 costs
Case-Laws
GST
HC allowed the petition, set aside the cancellation order and the appellate dismissal, and directed the petitioner to comply with Rule 10A by adding bank details on the GST portal. Upon such compliance the revenue authority is to consider revocation of registration. The court held that an opportunity of hearing was afforded and that the cancellation resulted from a procedural default attributable to the petitioner's chartered accountant, but reinstatement into the tax regime served the public interest. The petitioner was ordered to pay costs of Rs.50,000 to the department, payable along with any pending GST returns. The petition is allowed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Appeals dismissed; matters remitted to post show-cause stage for fresh administrative adjudication, petitioners allowed to file replies
Case-Laws
GST
The HC dismissed the writ appeals and upheld the learned Single Judge's disposition allowing the writ petitions to the extent of relegating the petitioners to the post show-cause notice stage. The Court declined to adjudicate merits on liability or exemption under service tax, deeming such issues premature and fact-intensive, and found no jurisdictional error warranting interference with the show cause notices. In certain matters the Court set aside impugned orders-in-original and restored proceedings to the stage of post show-cause notice, granting petitioners liberty to file reply and additional reply as appropriate. The appeals are rejected and the administrative adjudicatory process is remitted for fresh consideration.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Revenue directed to process taxpayer's refund of adjusted balance with statutory interest within two months after prior appropriation reversed
Case-Laws
GST
HC ordered that the petitioner's refund application be processed and the refundable balance paid with statutory interest within two months. The court noted that an initial refund of Rs.7,71,000 had previously been appropriated/adjusted against outstanding liabilities of Rs.10,71,941 pursuant to an earlier order dated 18 Sept 2023, and that a demand of Rs.12,10,668 was subsequently cancelled and communicated to the GST Commissionerate, Palam. Having considered submissions that the refundable amount is payable to the petitioner, the HC directed the revenue to disburse the refund in accordance with law and disposed of the petition.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Institutional deliveries rose to 89% due to efforts of ASHA, frontline health workers: Nadda
GST
Dated:- 9-10-2025
PTI
New Delhi, Oct 9 (PTI) Union Health Minister J P Nadda on Thursday highlighted that institutional deliveries, or childbirths at a health facility, in India have risen to 89 per cent, up from 79 per cent, owing to the dedicated efforts of ASHA workers and frontline health personnel.
He was addressing the 19th edition of FICCI HEAL 2025 at the FICCI Federation House here.
The two-day conference, organised by the Federation of Indian Chambers of Commerce and Industry (FICCI) in collaboration with the Ministry of Health and Family Welfare and NITI Aayog, is being held under the theme 'Care@25 Defining Moments in

= = = = = = = =

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

= = = = = = = =

expanding the base of healthcare delivery.” Referring to the National Family Health Survey data, the Union health minister highlighted that institutional deliveries in India have risen to 89 per cent, up from 79 per cent, owing to the dedicated efforts of ASHA workers and frontline health personnel.
Highlighting India's progress across key health indicators, Nadda said that as per the Sample Registration System, the Maternal Mortality Ratio has declined from 130 to 88 per lakh live births, while the Infant Mortality Rate has reduced from 39 to 27 per thousand live births, reflecting steady progress in maternal and child health.
The Under-Five Mortality Rate has shown a 42 per cent decline, outpacing the global average decline of 14 per

= = = = = = = =

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

= = = = = = = =

Attention : Important Advisory on IMS
GST
Dated:- 9-10-2025

It has come to notice that some posts are circulating incorrect information regarding changes in GST return filing from October 1, 2025. We would like to clarify the following:
I. No Change in Auto-Population of ITC: Input Tax Credit (ITC) will continue to auto-populate from GSTR-2B to GSTR-3B without any manual intervention. The mechanism of auto-population remains unchanged due to the implementation of the Invoice Manage

= = = = = = = =

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

= = = = = = = =

Demand confirmed – no reply to Form GST DRC-01; rectification time-barred under Section 161; 30-day appeal with 50% deposit allowed
Case-Laws
GST
HC held the demand confirmed where the petitioner failed to reply to the Notice in Form GST DRC-01 and rejected the rectification application under Section 161 as time-barred and meritless, finding no procedural infirmity in the assessment order. The writ petition was dismissed as filed long after the statutory period for appeal had lapsed. The HC granted limited relief by permitting the petitioner liberty to file the statutory appellate remedy within 30 days from receipt of the order, subject to deposit of 50% of the disputed tax in cash; upon compliance the Deputy Commissioner (GST Appeals) shall entertain and dispose of the appeal notwithstanding limitation. Petition disposed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Order quashed for being non-speaking; treated as show cause notice – respondent to reissue notice and redo assessment
Case-Laws
GST
The HC set aside the impugned order dated 30.06.2025, holding it to be a non-speaking order that violated principles of natural justice by failing to address the petitioner's explanations and objections. The impugned order is to be treated as a show cause notice; the petitioner may file objections with supporting documents within four weeks of receipt of this order. The first respondent/revenue is directed to issue requisite notice, afford an opportunity of hearing, reconsider the matter, and redo the assessment by passing a speaking order addressing the objections, input tax credit and stock variation issues. The petition is disposed of subject to compliance with these directions.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Appellate Authority lacks power to remit under s.107(11); original authority to reassess inverted-supply GST declaration with tendered documents
Case-Laws
GST
The HC allowed the writ petition in part and remitted the matter to the original authority (respondent No.2) for fresh adjudication. The court held that the Appellate Authority, under s.107(11), lacked jurisdiction to remit proceedings and could only allow or dismiss the appeal; accordingly the petitioner's production of documents before the Appellate Authority could not substitute for assessment by the original authority. The matter concerns short declaration of tax liability on inverted supplies in GST returns filed in July for FY 2017-18 amid teething issues in the regime. Respondent No.2 is directed to consider the documents tendered, reassess the petitioner's claim and pass appropriate orders in accordance with law.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Petitioner must deposit 25%; OIO quashed on IGST, GSTR-3B and GSTR-1 discrepancies, ITC issues, Rules 42/43, Sections 50 and 17(5)
Case-Laws
GST
The HC allowed the petition in part and directed the petitioner to deposit 25% of the disputed tax within four weeks from the date of uploading of the web copy of the order; the court quashed the impugned Order-in-Original concerning short payment of IGST, discrepancies between GSTR-3B and GSTR-1 for April 2020-March 2021, alleged excess availment/utilization of ITC not reflected in GSTR-2A, reverse charge vs. GSTR-3B issues, ineligible ITC attributable to suppliers' non-filing, reversals under Rules 42/43, interest under Section 50, blocked credits under Section 17(5), and late fee under Section 47. The OIO No.31/2025-GST(Supdt.)(R-I) dated 25.02.2025 issued by the 1st respondent is quashed and the petition is disposed of.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

GST rate cut fully passed on Jawa, Yezdi motorbikes: Classic Legends
GST
Dated:- 8-10-2025
PTI
Kolkata, Oct 8 (PTI) Classic Legends, which relaunched the iconic motorbike brands Jawa and Yezdi in the country almost four years ago, on Wednesday said the benefits of GST rate cuts from 28 per cent to 18 per cent have been fully passed on to the customers.
The company said in a statement that as the GST rate rationalisation took effect on September 22, the benefits have been passed on t

= = = = = = = =

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

= = = = = = = =

Adjudication quashed for exceeding Section 75(7) limits; demand capped to Rs. 2,10,04,200, enhanced demand set aside
Case-Laws
GST
The HC allowed the petition and held that the impugned adjudication violated Section 75(7) of the GST Act by confirming a demand exceeding the amount and grounds specified in the show-cause notice. The court quashed the order insofar as it purported to levy tax, interest and penalty beyond the Rs. 2,10,04,200 specified in the notice, and declared the enhanced demand of Rs. 3,04,55,800 unsustainable. The matter was remitted for fresh adjudication, if any, confined strictly to the amount and grounds articulated in the original notice; any fresh demand must comply with the statutory limits prescribed by Section 75(7).
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Writ petition dismissed; Sections 69 and 132 of the Goods and Services Tax Act, 2017 upheld against vires challenge
Case-Laws
GST
The HC dismissed the writ petition and upheld the validity of Sections 69 and 132 of the Haryana Goods and Services Tax Act, 2017, holding that the challenge to vires of those provisions-alleging lack of legislative competence and contravention of Article 13-does not survive in the present factual matrix, particularly because the contested provisions are analogous to Sections 69 and 132 of the CGST Act. The court concluded that, on the record before it, there is no subsisting forum for sustaining the constitutional attack, and consequently the petitioners' plea for striking down the impugned sections was negatived and the petition was dismissed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Writ not maintainable where appealable order exists; file appeal under Section 107 CGST with pre-deposit by 15 Nov 2025
Case-Laws
GST
The HC held the writ petition not maintainable insofar as it challenges an appealable order and where an alternative remedy is available; factual determinations concerning classification of supplies (composite v. mixed supply and applicable tax rate for reagent with equipment) must be determined by the Appellate Authority. The petitioner is relegated to pursue the statutory remedy under Section 107 of the CGST Act and directed to file the appeal with requisite pre-deposit by 15 November 2025; if so filed within that period the appeal will be heard on its merits and will not be dismissed for delay. The petition is disposed of.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Section 73 order for April 2020-March 2021 quashed for lack of reasons and denial of fair hearing; matter remanded
Case-Laws
GST
The HC quashed the impugned order dated 14.08.2025, issued under section 73 for the tax period April 2020-March 2021, holding it arbitrary and in manifest violation of the principles of natural justice. The court observed the order followed a SCN in GST DRC-01 but lacked reasons and denied fair hearing. The matter is remitted to the respondent for de novo adjudication on merits, with a direction to afford the petitioner an opportunity of hearing before passing any fresh order. The respondent shall complete the reassessment and pass a reasoned order within six weeks of receipt of this judgment. The petition is disposed of by remand.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Petitioner granted retrospective relief; orders set aside to apply Circular No. 228/22/2024-GST for reinsurance GST benefit
Case-Laws
GST
The HC allowed the petition and granted retrospective relief: the O-in-O dated 29 Dec 2023 and the O-in-A dated 11 Jul 2024 are set aside insofar as they denied the petitioner the benefit of Circular No. 228/22/2024-GST dated 15 Jul 2024. The court held that, although those orders were rendered before issuance of the circular, the petitioner cannot be deprived of its benefit for the levy of GST on reinsurance of specified general and life insurance schemes for the period 01 Jul 2017 to 24 Jan 2018. The circular is declared squarely applicable to the petitioner and the decision in AXA France Vie-India is held to be applicable. Petition disposed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Educational consultant held supplier, not intermediary; services qualify as export under IGST; Section 13(2) governs place of supply
Case-Laws
GST
The HC dismissed the writ petition. The court held that the Respondent, an educational consultant, is a supplier of services – not an “intermediary” – because it provides consultancy directly to students and invoices the foreign educational institutions (FEIs) for services rendered; receipt of payment in foreign exchange does not convert the relationship into an intermediary agency. Consequently the services qualify as export of services under the IGST framework and the intermediary exception does not apply; the place of supply rules are governed by Section 13(2) where applicable. Having so determined, the petition seeking relief was not maintainable and is dismissed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Matter remitted for adjudication; applicant to deposit 40% via ECR and file consolidated GST DRC-01 reply within 30 days
Case-Laws
GST
HC disposed the writ petition and remitted the matter to the Respondent for a de novo adjudication, holding the appeal was filed beyond the condonable limitation and the Applicant failed to file a reply. Conditioned on the Applicant depositing 40% of the disputed tax in cash through the Electronic Cash Register within 30 days of service of this order and filing a consolidated reply to the show-cause notice in GST DRC-01 dated 14.08.2023 treating the impugned order of 30.12.2023 as an addendum within the same 30-day period, the Respondent is directed to pass a final order on merits and in accordance with law expeditiously, preferably within three months.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Assessment order quashed; matter remanded with condition of additional 15% cash pre-deposit to total 25% within 30 days
Case-Laws
GST
The HC quashed the impugned assessment order dated 16.02.2024 and remitted the matter to the 2nd Respondent for fresh adjudication after observing that the Petitioner failed to respond to the SCN dated 30.12.2023 and subsequent notices. Consistent with precedent, remand is conditioned upon the Petitioner's additional pre-deposit of 15% of the disputed tax in cash from the Petitioner's Electronic Cash Register/Electronic Credit Ledger, over and above the 10% already deposited before the Appellate Authority, such that total pre-deposit equals 25%. The 15% cash deposit must be made within 30 days of receipt of this order. Petition disposed by way of remand.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Bank attachment under GST converted to show-cause notice; taxpayer allowed 30 days to file representation, adjudication in two months
Case-Laws
GST
The HC disposed of the writ petition challenging a bank attachment notice issued under the GST enactments and directed the Respondents to treat the impugned notice as a notice to show cause why penalty, tax and interest should not be recovered from the Petitioner. The Petitioner was permitted to file a detailed representation within 30 days of receipt of the order. The 1st Respondent or any authorized officer was directed to adjudicate the representation and pass a reasoned order on merits and in accordance with law within two months thereafter. The petition is disposed of accordingly.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

Regular bail granted to accused in alleged fictitious input tax credit fraud after investigation completes and complaint filed
Case-Laws
GST
The HC allowed the applicant's regular bail application in a prosecution alleging fraudulent procurement of input tax credit via fictitious transactions, noting investigation is complete and a complaint is filed. The offence, punishable by up to five years' imprisonment, led to the applicant's arrest in December 2024 and continued custody; notwithstanding the Sessions Court's earlier denial, the HC, having perused the FIR and police papers, found bail exigible in view of the stage of proceedings, nature of allegations, and the applicant's role. Bail is granted subject to execution of a bail bond before the trial court having jurisdiction, which may, in its discretion, permit time to furnish a solvency certificate; petition disposed.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =

SC upholds tax on ink, chemicals used in printing lottery tickets
GST
Dated:- 7-10-2025
PTI
New Delhi, Oct 7 (PTI) The Supreme Court on Tuesday upheld the levy of trade tax on ink and processing materials used by a firm in printing lottery tickets, while deciding an over 25-year-old matter.
A bench comprising Justices J B Pardiwala and K V Viswanathan held that ink and processing materials used in printing lottery tickets form part of the goods transferred in the execution of a works contract under Section 3F of the Uttar Pradesh Trade Tax Act, 1948.
The verdict came on an appeal of Ghaziabad-based printing company, M/s Aristo Printers Pvt Ltd, against a 2010 verdict of the Allahabad High Court which had allowed the revenue

= = = = = = = =

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

= = = = = = = =

were not transferred to the clients but only used in the printing process.
The tax on packing material, however, was upheld. Both sides appealed to the Trade Tax Tribunal, Ghaziabad, which ruled in favour of the assessee in 2002, deleting the levy even on packing material and dismissing the RevenueÂ’s appeal.
The Allahabad High Court later overturned the TribunalÂ’s order in 2010, holding that the diluted ink, comprising ink and chemicals, was indeed transferred to the customers as part of the printed tickets.
Upholding the High CourtÂ’s decision, the top court observed that for a tax to be levied under the law, three conditions must be met, including that there must be a works contract and goods must be involved in the execution of the

= = = = = = = =

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

= = = = = = = =

CBIC introduces system-based auto-approval for IFSC code registration to enhance Ease of Doing Business
GST
Dated:- 7-10-2025

In another step towards streamlining Customs procedures and enhancing trade facilitation, the Central Board of Indirect Taxes and Customs (CBIC) has introduced system-based auto-approval for IFSC code registration to enhance Ease of Doing Business.
As per the new initiative, the system will automatically approve requests for registration of the same incentive bank account and IFSC code for a particular Importer Exporter Code (IEC) at multiple Customs locations, provided the same combination has already been approved at any one location. Thus, manual intervention by the Port officer will be eliminated, a

= = = = = = = =

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

= = = = = = = =

Appeals dismissed; matter remitted for penalty recalculation and refund under Clause (iv), Paragraph 4 of Circular
Case-Laws
GST
The SC dismissed the appeals and disposed of the proceedings in accordance with the Board circular, remitting the matter for recalculation of penalty and refund insofar as a penalty was levied on the entire consignment. The Court held that the impugned order did not fall within the specific category under Clause (iv) of Paragraph 4 of the Circular because the directive concerned recomputation of penalty for a discrete transaction and did not directly require refund or construction of statutory provisions nor did it raise a recurring question of law. Consequently, the appeals were declined and the matter was remanded for reassessment and appropriate refund consistent with the Circular.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

= = = = = = = =

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

= = = = = = = =