Goods and Services Tax

Electronic Credit Ledger Interpreted as Unified Resource, Allowing Flexible Input Tax Credit Utilization Across Tax Compartments
Case-Laws
GST
HC held that the electronic credit ledger constitutes a unified resource with interconnected tax compartments (IGST, CGST, SGST). The court found that erroneously claiming Input Tax Credit under different heads does not automatically invalidate the claim. The impugned orders were set aside, directing the tax authority to reconsider the ITC claim afresh within three months. The decision emphasizes a holistic approach to interpreting tax credit utilization, treating the electronic credit ledger as an integrated fund pool rather than strictly segregated compartments. Petition allowed with remand.
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Taxpayer Wins: CGST Act Section 54(11) Mandates Refund Release Despite Department's Revenue Risk Concerns
Case-Laws
GST
HC ruled that under CGST Act Section 54(11), the Department cannot withhold a refund sanctioned by the Appellate Authority based solely on potential revenue risk or alleged fraud. Without a pending appeal or review challenging the Appellate Authority's order, the Department must release the refund with statutory interest. The petitioner is authorized to seek further legal recourse if the refund is not credited by the specified date, affirming procedural safeguards against arbitrary administrative discretion in tax refund processes.
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High Court Strikes Down Notice Procedure, Mandates Fair Hearing and Remands Case for Proper Adjudication Under Principles of Natural Justice
Case-Laws
GST
HC found the SCN uploaded in 'Additional Notices Tab' violated principles of natural justice, rendering the impugned order dated 5th August, 2024 invalid. The court remanded the matter back to the Adjudicating Authority, granting the Petitioner time until 10th July 2025 to file a reply to the SCN. Upon reply submission, the Authority must issue a personal hearing notice. The impugned order was set aside, and the petition was allowed through remand, ensuring procedural fairness and opportunity to be heard.
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Tax Authority's Input Tax Credit Denial Upheld: Jurisdiction Confirmed, Procedural Challenges Rejected, Statutory Appeal Path Preserved
Case-Laws
GST
HC dismissed the writ petition challenging tax authority's order regarding input tax credit (ITC) denial. The court held that territorial jurisdiction exists where a fraction of cause of action arises within court's jurisdiction. The petitioner failed to demonstrate substantial prejudice from denial of witness cross-examination. The court emphasized that appellate authority can comprehensively examine all grounds, including potential natural justice violations. Writ petition was dismissed, with petitioner granted liberty to pursue statutory appeal, subject to pre-deposit conditions, and without challenging the underlying order's substantive merits.
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Tax Authority Ordered to Reconsider Order After Failing to Provide Proper Notice and Opportunity for Defense
Case-Laws
GST
HC found violation of natural justice principles in ex-parte tax liability order. The court held that the petitioner was not properly served with show cause notice and lacked opportunity to present defense. Applying precedent from similar cases, HC directed the impugned order be treated as a notice under Section 73 of GST Act, 2017, enabling the petitioner to submit objections and supporting documents before the assessing officer. The court disposed of the petition with instructions for the authority to review and pass a fresh order after considering the petitioner's submissions.
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Bail Granted: Fraudulent Tax Credit Case Highlights Personal Liberty and Presumption of Innocence
Case-Laws
GST
HC granted regular bail to petitioner accused of fraudulent Input Tax Credit involving fake invoices. After suffering 2 months and 6 days of custody, the court emphasized fundamental legal principles that bail is a general rule and detention an exception. Applying Article 21 constitutional protections and following precedential jurisprudence on right to speedy trial, the court directed petitioner's release on bail bonds, recognizing that indefinite detention serves no purpose and no one should be considered guilty before proof beyond reasonable doubt.
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Taxpayers Lose Challenge: Rule 36(4) Upheld, Restricting Input Tax Credit for Non-Compliant Invoice Uploads
Case-Laws
GST
HC upheld the validity of Rule 36(4) in CGST and TNGST Rules, which restricts Input Tax Credit (ITC) availment when suppliers fail to upload invoices under Section 37(1). The court determined that the rule was a temporary regulatory measure to protect government interests and taxpayers from potential recovery proceedings. The restrictions were deemed constitutionally valid and not violative of Article 14, with the amendment designed to ensure partial ITC availability while maintaining compliance mechanisms. The court emphasized that the rule's implementation was a proportionate response to systemic challenges in tax credit documentation, effectively rejecting the constitutional challenge to the regulatory provision.
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Petitioner Wins Challenge Against GST Notices Due to Procedural Lapses and Lack of Natural Justice Principles
Case-Laws
GST
HC allowed the petition, finding a violation of natural justice principles due to non-service of GST ASMT-10 and DRC-01 notices. Despite the petitioner's failure to contest the original proceedings, the court recognized bona fide reasons for non-participation. The ex-parte order was set aside, and the matter was remanded to the respondent for fresh consideration, providing the petitioner an opportunity to submit a reply to the show-cause notice in accordance with legal procedures.
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Petitioner's Refund Claim Reinstated: Appellate Authority Ordered to Conduct Independent, Unbiased Review of Case Merits
Case-Laws
GST
HC allowed the petitioner's appeal, finding the refund claim rejection erroneous. The Appellate Authority improperly dismissed the appeal based solely on administrative rank similarities between respondents. The court held that the 1st respondent, functioning as an Appellate Authority, should have independently reviewed the case merits without being influenced by the 2nd respondent's administrative communications. The impugned order was set aside, and the matter was remanded for fresh consideration in accordance with legal principles, ensuring a fair and independent review of the petitioner's refund claim.
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Legal Challenge Rejected: Taxpayer Must First Pursue Appellate Remedies Under CGST Act Section 107 Before Seeking Writ Relief
Case-Laws
GST
HC dismissed the petition, holding that the Petitioner must first exhaust appellate remedies under Section 107 of CGST Act before seeking writ jurisdiction. The Court declined to entertain the direct writ petition concerning alleged wrongful Input Tax Credit claims and overvaluation of goods for export incentives. The Petitioner was directed to file an appeal against the impugned order, with the option to adjust the previously deposited 10% pre-deposit amount towards the new appeal's pre-deposit requirement.
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GST Registration Cancellation Overturned: Procedural Flaws Invalidate Retrospective Order, Ensuring Principles of Natural Justice
Case-Laws
GST
HC allowed the writ petition challenging retrospective GST registration cancellation. The court found a violation of natural justice principles due to absence of reasons in the Show Cause Notice (SCN) and lack of prior notice. The retrospective cancellation from 01 April 2022 was quashed, and the GST registration cancellation was modified to take effect from the SCN date of 16 May 2024. The order was set aside based on procedural impropriety, ensuring the petitioner's right to fair hearing and due process.
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Online Appeal Filing Valid: Electronic Submission Meets Procedural Requirements, Technical Gaps Cannot Invalidate Legal Proceedings
Case-Laws
GST
HC held that online filing of appeal within prescribed time is valid, even without immediate physical submission of certified order copy. The court followed precedent from Delhi HC in Chegg India Private Limited, determining procedural requirements for electronic filing are not mandatory. The electronic submission constitutes complete filing, and technical non-compliance should not invalidate the appeal. The impugned order by Additional Commissioner was set aside, with the petitioner's appeal being allowed on merits, emphasizing the courts' progressive approach towards technological advancements in judicial processes.
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GST Registration Cancellation Modified After Identifying Procedural Defects in Show Cause Notice Citing Medical Circumstances
Case-Laws
GST
HC held that the Show Cause Notice (SCN) for retrospective GST registration cancellation was legally deficient due to lack of specific statutory provisions. Given the Director's medical exigency and absence of clear violation grounds, the GST registration cancellation was modified to be effective from 10th March, 2023. The petitioner, acknowledging cessation of business operations, did not contest the modified cancellation date. Petition was consequently disposed of with the court emphasizing the necessity for precise statutory references in administrative notices to ensure procedural fairness.
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Tax Credit Rectification Permitted for Genuine GST Invoicing Errors Under Section 16(4) Despite Statutory Time Limitations
Case-Laws
GST
HC allowed the petition for rectification of GSTR-1 form for September 2020, permitting tax credit rectification beyond statutory time limits under Section 16(4) of CGST Act. The court recognized the petitioner's bonafide error in invoicing, referencing precedents from Wipro Limited and Railroad Logistics cases, which emphasized rectification of inadvertent mistakes. The decision enables the respondent to claim tax credit notwithstanding procedural time constraints, acknowledging genuine administrative errors in GST documentation.
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Writ Petition Dismissed: No Natural Justice Violation Found, Appellate Remedies Under Section 107 of CGST Act Preserved
Case-Laws
GST
HC dismissed the writ petition after finding no violation of natural justice principles. The petitioner was aware of the ongoing investigation but failed to file a reply or provide justification for sales invoices. The court noted the petitioner's lack of bona fides and absence of substantive response to departmental notices. While declining to entertain the writ petition, the court preserved the petitioner's right to pursue appellate remedies under Section 107 of CGST Act. The decision emphasizes that extraordinary judicial intervention is unwarranted when standard procedural mechanisms remain available and the party has not demonstrated procedural prejudice.
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Procedural Defects Invalidate GST Notice: Mere Portal Upload Insufficient, Natural Justice Principles Demand Actual Receipt of Communication
Case-Laws
GST
HC allowed the petition, setting aside the impugned order dated 29.04.2024 due to procedural impropriety. The court found that mere uploading of notice on the GST portal without ensuring actual receipt constitutes a violation of natural justice principles. The first respondent failed to diligently explore alternative notice service modes under Section 169 of GST Act, rendering the original order invalid. The matter was remanded for fresh consideration, providing the petitioner an opportunity to respond to the show cause notice through proper communication channels.
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Legal Challenge Succeeds: Rectification Order Overturned Due to Procedural Violations and Lack of Reasoned Decision
Case-Laws
GST
HC allowed the petition challenging a rectification order, finding procedural violations of natural justice. The court held that when a rectification application is rejected, the authority must provide reasoned order and opportunity of hearing to the applicant. The impugned order dated 28.03.2025 was set aside, directing the respondent to reconsider the rectification application afresh, provide notice to the petitioner, and pass appropriate orders in accordance with legal principles, particularly Section 161's third proviso mandating hearing when an order adversely affects an assessee.
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Leasing Goods Carriage Vehicles to Transport Agencies Qualifies for Nil Rate Tax Under Notification 12/2017-CT (Rate)
Case-Laws
GST
AAR determined that leasing goods carriage vehicles to a Goods Transport Agency (GTA) qualifies for Nil rate taxation under Notification No. 12/2017-CT (Rate). The ruling clarified that the service provider need not be a GTA to claim the tax exemption. The classification falls under Chapter heading 9973 for 'Leasing or rental services without operator'. The key condition is that the vehicle is provided to a recognized GTA, with no additional restrictions on the vehicle owner's status. The service is considered a taxable supply charged at Nil rate, effectively providing a tax exemption for vehicle leasing to transportation agencies.
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GST Applies to RWA Corpus Funds: Maintenance Collections Taxable with Input Credit and Exemption Limits
Case-Laws
GST
AAR ruled that corpus/sinking fund collection by a Resident Welfare Association constitutes a taxable supply under GST. The key findings are: (1) amounts collected from members for maintenance and building work are considered advance payments towards future services, (2) such collections are subject to CGST and SGST, (3) input tax credit can be utilized with restrictions under Rule 42, and (4) monthly subscriptions under Rs. 7,500 per member remain GST-exempt. The housing society must register under GST if turnover exceeds 20 Lakhs and comply with applicable tax regulations when collecting funds for maintenance and capital improvements.
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Frozen Meat Supplies Taxed: GST Applies When Packaging Rules Unmet, Labeling Declaration Missing
Case-Laws
GST
The AAR ruled on GST applicability for frozen meat product supplies. Hotels qualify as industrial consumers under Rule 2(bb) of Legal Metrology (Packaged Commodities) Rules, 2011. However, supplies were not exempted from GST due to absence of 'Not for Retail Sale' declaration on packages. Inter-branch transfers and distributor sales require GST charging since mandatory packaging requirements were not met. The ruling mandates GST application when specific labeling conditions are not fulfilled, emphasizing strict compliance with packaging regulations for potential tax exemption.
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Rule 96(10) Deletion Invalidates Subsequent Proceedings, Halting Administrative Actions Without Saving Clause
Case-Laws
GST
HC held that Rule 96(10) of CGST Rules, being unconditionally omitted without a saving clause, rendered any subsequent proceedings under that rule invalid. The court applied principles from Kolhapur Canesugar Works Ltd, determining that when a rule is deleted without preserving pending proceedings, all actions must cease. Consequently, the HC allowed the writ petition, setting aside the order issued by the respondent, which was passed after the rule's omission, thereby preventing further action under the deleted provision.
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Notification Misinterpretation: GST Paragraph 3(iv) Limited to Pre-GST Contracts, Reimbursement Rights Affirmed for Post-July 2017 Contracts
Case-Laws
GST
HC determined that the respondent authority misconstrued the GST notification's applicability. The court held that paragraph 3(iv) of the notification applies exclusively to pre-GST contracts and cannot be used to deny reimbursement for contracts executed after July 1, 2017, which are governed by paragraph 4. The HC directed the public works department secretary to revisit the petitioner's claim regarding GST payment against gross bills from July 1, 2017 to March 31, 2019, in accordance with GST law, effectively remanding the matter for reconsideration and potential reimbursement.
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Tax Credit Challenge Dismissed: Procedural Defects Noted, Appeal Path Open Under Section 107 with Mandatory Pre-Deposit
Case-Laws
GST
HC dismissed the writ petition challenging tax credit assessment, finding no violation of natural justice. The court noted petitioners failed to substantively contest the main issue of goods supply and input tax credit. While rejecting procedural challenges regarding relied upon documents (RUDs), the HC granted liberty to file an appeal under Section 107 of CGST Act by 15th July, 2025, with mandatory pre-deposit, ensuring merits-based appellate review. The decision emphasizes procedural compliance and substantive argumentation in tax dispute resolution.
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Tax Credit Appeal: Petitioner Must Submit DRC-03A Form to Validate Deposit and Enable Appellate Challenge
Case-Laws
GST
HC ruled on pre-deposit requirements for tax credit appeal. The petitioner was directed to submit Form DRC-03A to the Adjudicating Authority, demonstrating prior tax credit deposit. The authority must issue confirmation within one month, which can then be used as pre-deposit evidence for filing an appeal before the Commissioner (Appeals) challenging the original order. The court effectively provided a procedural mechanism for the petitioner to validate and utilize existing tax credit deposits in the appellate process. Petition was disposed of with specific procedural instructions.
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Contractor Fails to Recover Dues as Evidence Gaps Prevent Claim Validation Under Project Completion Requirements
Case-Laws
GST
HC denied petitioner's claim for outstanding dues due to lack of documentary evidence demonstrating work completion. The court found no substantive proof of project finalization or quantification of claimed amounts. Given disputed factual questions and absence of a completion certificate, the court declined to exercise extraordinary writ jurisdiction under Article 226. Consequently, the petition was disposed of without granting the requested relief.
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