Goods and Services Tax

Place of supply for shipped goods u/s 10(1)(a): delivery location decides IGST, CGST/SGST demand quashed.
Case-Laws
GST
Section 10(1)(a) of the IGST Act fixes the place of supply where the movement of goods terminates for delivery to the recipient, not when goods are handed to a common carrier or when title passes under contractual terms. As the goods were destined to recipients at locations outside the State, the supply was inter-State, attracting IGST, and not intra-State so as to permit levy of CGST/SGST on the same transaction. The show cause notice seeking CGST/SGST on a supply already exigible to IGST was held arbitrary and contrary to Section 10(1)(a) and was quashed to the extent of the impugned demand; the petition was partly allowed. – HC
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Patent application filing documentation from foreign attorneys treated as imported legal services; GST payable in India under reverse charge
Case-Laws
GST
Legal documentation and certification services for filing patent applications received from foreign patent attorneys constituted “legal services” classifiable under SAC 998213, attracting GST as import of services with place of supply at the recipient's location in India. Exemption for “legal services” under the relevant entry was held inapplicable because “advocate/senior advocate” under the Advocates Act, 1961 refers to persons enrolled under Indian rolls and does not extend to foreign attorneys; consequently, the services were taxable. The activity was held to be in the course or furtherance of the foreign service providers' business and therefore a “supply,” making tax payable by the recipient under reverse charge as per the applicable notification. – AAR
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Charitable tree plantation and maintenance for environmental preservation treated as “charitable activity”, exempt from GST under Notification 12/2017 Entry 1
Case-Laws
GST
Plantation and maintenance of trees undertaken by an applicant charitable institution, registered under the Income-tax Act for preservation of environment, was examined for GST liability and the applicability of Entry 1 of Notification No. 12/2017-CT(R). “Charitable activities” under clause 2(r) expressly includes preservation of environment, including forests and wildlife, and the tree plantation and maintenance activity was held to directly advance environmental stability and ecological balance consistent with the National Forest Policy objectives. Relying on its earlier ruling on similar mangrove plantation and maintenance, the activity was held to fall within Entry 1, and was therefore exempt from GST. – AAR
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Input tax credit on cement, steel and works contract for warehouse construction blocked u/s17(5); ITC denied. (5)
Case-Laws
GST
Input tax credit on cement, steel and other inputs and works contract/construction services used to construct a warehouse was held to be blocked under s.17(5)(c) and s.17(5)(d) where such construction results in an immovable property. While “plant or machinery” in s.17(5)(d) is not governed by the definition of “plant and machinery” in the Explanation to s.17 and requires a functionality test based on the taxpayer's business and the building's role, the warehouse in question was not treated as qualifying “plant or machinery”. Consequently, ITC was denied for goods and services used in constructing the warehouse, whether used for providing storage/warehousing services or leased to tenants. – AAR
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Advisory & FAQ on Electronic Credit Reversal and Re-claimed Statement & RCM Liability/ITC Statement
GST
Dated:- 30-12-2025

1.  To ensure correct and accurate reporting of reversed and reclaimed ITC and to avoid clerical mistakes, Electronic Credit Reversal and Re-claimed Statement (Reclaim Ledger) was introduced on the GST portal from August 2023 return period onwards for monthly taxpayers and from July-September 2023 quarter for quarterly taxpayers. This Reclaim Ledger captures the ITC temporarily reversed in Table 4(B)2 and its subsequent reclaim in Table 4(A)5) and 4(D)1.
2.  As of now taxpayer get a warning message if a taxpayer attempts to re-claim excess ITC in table 4D(1) than the available ITC reversal balance but the taxpayer is allowed to file its Form GSTR-3B.
3.  To the taxpayers multiple opportunities have been given to report their opening balance which was earlier reversed ITC but was not reclaimed till that ti

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pening balance and amend the opening balance for both the said statements where any transaction related to excess ITC reversal or excess RCM liability/ITC prior to implementation of the said statements could be declared as opening balance to these statements.
8.  This RCM Liability/ITC Statement can be accessed through: Services >> Ledger >> RCM Liability/ITC Statement.
9.  Now, the taxpayers are hereby informed that, shortly, negative values or availment of excess ITC over and above available balance, shall not be allowed in both the ledgers. Both the statements shall have a below mentioned validation for regulation of ITC:
a.  The reclaimed ITC in Table 4(D)(1) shall be lesser than or equal to the combined values of closing balance of Electronic Credit Reversal and Re-claimed Statement and ITC being reversed in Table 4(B)(2) of current period GSTR-3B. and,
b.  The RCM ITC claimed in Table 4(A)2 & 4(A)3 shall be equal to or less than the combin

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g balance in the current return period.
11.  For more information on Electronic Credit Reversal and Re-claimed Statement please refer the advisory dated 17th September, 2024 issued by GSTN by clicking below link https://tutorial.gst.gov.in/downloads/news/itc_pending_ledger.pdf. Also, detailed advisory on Introduction of RCM Liability/ITC Statement can be seen by clicking on below link:https://services.gst.gov.in/services/advisoryandreleases/read/514 .
FAQs related to Electronic Credit Reversal and Re-claimed Statement and RCM Liability/ITC Statement
1. How to view my Electronic Credit Reversal and Re-claimed Statement?
You can view the statement by navigating to the Dashboard › Services › Ledger › Electronic Credit Reversal and Re-claimed.
2. How to view my RCM Liability/ITC Statement?
You can view the RCM Liability/ITC Statement by navigating to the Dashboard › Servic

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In case there is no ITC available, this reversal declared in table 4(B)2 will be added to your liability in current period while filing GSTR-3B.
Example: The closing balance of the ITC reclaim ledger for the current return period is -Rs.10,000, which means Rs.10,000 of excess ITC has been reclaimed in earlier periods. To file your GSTR-3B, you would need to reverse this earlier excess reclaimed ITC of Rs.10,000 in Table 4B(2) for the current period.
5. How will the validation mechanism work in GSTR-3B for RCM Liability/ITC Statement?.
The taxpayers will not be able to file GSTR-3B in case the claimed RCM ITC in Table 4A(2) or 4A(3) exceeds the available balance in the RCM Liability/ITC Statement and the RCM liability reported in Table 3.1(d) for the current return period put together.
6. How to file GSTR-3B if closing balance of RCM Liability/ITC Statement is Negative?
If the closing balance of the RCM Liability/ITC Statement is negative, it indicates that excess RCM IT

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IIP growth at 2-year high at 6.7 pc in Nov on robust manufacturing driven by GST rate cuts
GST
Dated:- 29-12-2025
PTI
New Delhi, Dec 29 (PTI) India's industrial production grew at a two-year high of 6.7 per cent in November this year, driven by strong performances in mining and manufacturing, mainly on account of order pile-up following a cut in GST rates, according to official data released on Monday.
The factory output, measured in terms of the Index of Industrial Production (IIP), had expanded by 5 per cent in November 2024.
The previous high was recorded at 11.9 per cent in November 2023.
Ahead of the festivals, the Goods and Services Tax (GST) rates were cut on a host of consumer items, effective from September 22, 20

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ce (NSO) revised the industrial production growth to 0.5 per cent for October 2025 from the provisional estimate of 0.4 per cent released last month.
The NSO data showed that the manufacturing sector's output grew by 8 per cent in November 2025 from 5.5 per cent in the year-ago month. Mining production rose by 5.4 per cent against a growth of 1.9 per cent recorded a year ago.
Power production contracted by 1.5 per cent in November 2025, compared to 4.4 per cent expansion in the year-ago period.
During the April-November period of FY26, the country's industrial production growth decelerated by 3.3 per cent compared to 4.1 per cent in the same period a year ago.
An NSO statement said, “Driven by 8 per cent growth in manufacturing sect

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Show-cause notice deadlines extended by disputed notifications, and no hearing opportunity-adjudication order set aside for fresh decision
Case-Laws
GST
The dominant issue was whether the adjudication order passed pursuant to a show cause notice, where the notice-period was impacted by challenged extension notifications, should stand despite the petitioner not having filed any reply or attended hearing. The Court held that, since the validity of the extension notifications is pending consideration and the petitioner did not get a proper opportunity to present its case on merits, principles of natural justice warranted remand to enable a response and hearing before the adjudicating authority. The impugned order was set aside and the matter remanded for fresh adjudication. – HC
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Customs Clearance Facilitation Committee meet reinforces stakeholder confidence
GST
Dated:- 29-12-2025

Meeting brought together partner Government agencies, including, FSSAI, Plant Quarantine, Drug Controller; trade associations such as the Customs Broker Fraternity, ASSOCHAM, GJEPC; and stakeholders such as custodians, importers, exporters, and departmental officers
The Customs Clearance Facilitation Committee (CCFC) meeting was convened by Delhi Customs at the Kalpana Chawla Conference Hall, IGI Airport, under the chairmanship of the Chief Commissioner of Customs, Delhi Zone.
The meeting brought together partner Government agencies including FSSAI, Plant Quarantine, and the Drug Controller, alongside trade associa

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Customs processes and enhancing coordination across the EXIM community.
The Delhi Customs Zone reaffirmed its commitment to promoting ease of doing business and advancing trade facilitation within the framework of law. It emphasised that the guiding motto of the Zone rests on the principles of Transparency, Accessibility, and Efficiency. These values are not only central to the functioning of Customs but also serve as a foundation for building trust and ensuring that stakeholders feel empowered to engage openly with the administration.
Looking ahead, the Delhi Customs Zone underscored that ease of doing business is a continuous journey requiring sustained collaboration between Customs, partner agencies, custodians, and the trading co

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GST portal show-cause notice hidden in “Additional Notices” tab leads to missed hearing; demand order set aside, remanded.
Case-Laws
GST
Where a show cause notice was uploaded on the GST portal's “Additional Notices Tab” before the tab was made visible and the taxpayer did not become aware of it, such portal-only uploading was held to have denied a meaningful opportunity of hearing, vitiating the adjudication; consequently, the demand order was set aside and the matter remanded for fresh adjudication after permitting a reply and ensuring hearing notices are also communicated by email. The Court also noted a prima facie contention of duplication of demand, potentially supported by the amendment to Section 16(4) of the CGST Act, 2017, to be examined on remand. Relief was made conditional on payment of costs. – HC
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GST demand raised despite taxpayer's show-cause reply being ignored; demand and rectification rejection set aside, remanded for fresh decision
Case-Laws
GST
The dominant issue was whether the GST demand order and subsequent rectification rejection were vitiated for breach of natural justice due to non-consideration of the taxpayer's reply to the show cause notice. The Court found that the reply had been sent and uploaded prior to adjudication, yet the demand was raised mechanically without dealing with the reply, denying a proper opportunity of hearing; consequently, the demand order was set aside and the matter remanded to the adjudicating authority for fresh consideration. The rectification rejection was also set aside as it flowed from the defective original order. – HC
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Fraudulent ITC claim order issued without personal hearing; writ refused, delayed statutory appeal allowed if pre-deposit made timely.
Case-Laws
GST
In a challenge to an order alleging fraudulent availment of ITC passed without personal hearing, the Court held that such disputes typically involve complex fact and evidence, making writ intervention inappropriate where an efficacious statutory appeal exists; accordingly, it declined to set aside the order on writ merits. Given that the order was received long before the writ was filed and the appeal period had lapsed, the Court nonetheless protected the right to appeal by directing that if an appeal is filed with the requisite pre-deposit by the specified date, it shall not be rejected as time-barred and must be decided on merits; the writ was disposed of. – HC
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Delayed appeal against cancelled GST registration despite no SCN reply or Section 39 returns allowed with costs
Case-Laws
GST
The dominant issue was whether an appeal against cancellation of GST registration, filed long after the statutory period, should be entertained despite the assessee's failure to respond to the SCN and to furnish returns under Section 39 of the CGST Act. Relying on its interim approach extending time for filing GST appeals and noting that the assessee's contentions had not been examined on merits even by the adjudicating authority, the Court directed that the appeal be heard on merits, subject to payment of costs of Rs. 25,000 and compliance with filing requirements by the stipulated date, and restored the appeal before the appellate authority. – HC
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GST registration cancellation u/s 29(2)(e): order quashed for no reasons and “hearer must decide”; remanded for fresh hearing
Case-Laws
GST
Cancellation of GST registration under Section 29(2)(e) of the CGST/WBGST Act was set aside as the order lacked reasons, reflected non-application of mind, and violated natural justice. The notice of personal hearing was issued by one authority, but the impugned cancellation order was passed by another, breaching the settled rule that the authority who hears must decide. A post-decisional hearing was refused because it cannot cure an unreasoned, mindless final order. The matter was remanded with directions to grant a fresh hearing, consider the earlier reply to the show-cause notice, and pass a reasoned order in accordance with law – HC
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Reopening alleged erroneous ITC refund for zero-rated exports after appeal order barred; s.73 demand notice set aside
Case-Laws
GST
Whether the tax authority could reopen and seek recovery of an allegedly erroneous refund of input tax credit for zero-rated exports by issuing a demand-cum-show cause notice under s.73, despite a prior appellate order on the same refund, was the dominant issue. The court held that appellate orders attain finality and bind the parties under s.107(16) unless varied or reversed, and the adjudicating authority is barred by res judicata/issue estoppel from re-agitating the same objection; proceeding mechanically and contrary to the appellate determination also offends natural justice. Consequently, the impugned notices proposing adjudication under s.73 were set aside and the petition was allowed. – HC
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Police-directed bank account freeze during investigation without court order held illegal; bank ordered to defreeze and restore access
Case-Laws
GST
The dominant issue was whether the police could direct a bank to freeze a person's account during investigation without obtaining a competent court's order under the applicable criminal procedure provisions. The court held that mere police instructions to the bank were insufficient, particularly when no order under the relevant statutory provisions was produced and the investigating agency made no subsequent communication justifying the freeze. Relying on precedent that debit-freezing is impermissible without judicial authorization, the court found the impugned freezing action illegal. Consequently, the bank was directed to defreeze the account and permit its operation, and the petition was disposed of. – HC
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Former Shimla DC Amit Kashyap appointed as GST Appellate Tribunal member
GST
Dated:- 27-12-2025
PTI
Shimla, Dec 27 (PTI) Former Shimla Deputy Commissioner Amit Kashyap has been appointed as a Member of Goods and Services Tax (GST) Appellate Tribunal for the State Bench of Himachal Pradesh at Shimla for four years.
The appointment orders were issued on Friday by the central government after the approval of the Appointments Committee of the Cabinet, following an interview held by a selection committee headed by the Chief Justice of the Himachal Pradesh High Court, a statement issued here on Saturday said.
Kashyap, who retired from the Indian Administrative Service (IAS) in December 2023, held several important assignments, inclu

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GST registration cancellation for alleged fraud and suppression-vague SCN and evidence-free, mechanical order quashed for natural justice breach
Case-Laws
GST
Cancellation of GST registration on the ground that it was obtained by fraud, wilful misstatement, or suppression of facts was held unsustainable where the SCN and cancellation order were vague, laconic, and unsupported by any evidence or reasoned discussion on the alleged fraud or suppression. The authority was found to have acted mechanically on a purported visit report without independent application of mind and without confronting the taxpayer with the adverse material, violating principles of natural justice; the taxpayer's medically explained absence during the visit was not disbelieved. Consequently, the cancellation order and the SCN were quashed. – HC
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GST appeal limitation u/s 107: SCN/adjudication orders count only after provable “communication” u/s 169; portal upload alone insufficient
Case-Laws
GST
Limitation for filing appeal under Section 107 was held to commence only upon “communication” of the SCN/adjudication order, which requires actual or constructive service in strict compliance with Section 169, and not merely the existence of the order on electronic dispatch or upload. Since GSTN/revenue could not ascertain when the taxpayer retrieved/viewed/downloaded documents from the common portal, portal upload alone made the time of communication indeterminate; SMS alerts or unproven email alerts were insufficient to establish communication enabling an effective appeal. Electronic service modes under Section 169(1)(a)-(e) were upheld as valid without priority inter se, but service must be demonstrable. Adjudication orders were set aside subject to 10% pre-deposit within four weeks. – HC
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GST annual return late filing: Section 47 late fee bars Section 125 general penalty; fee recalculated, account defrozen.
Case-Laws
GST
General penalty under the GST law for failure to file annual return was held impermissible where late fee had already been levied for the same default, since Section 125 applies only where no penalty is leviable under Section 47; the general penalty was therefore quashed. The late fee computation under Section 47(2) was found erroneous because the authority first computed a consolidated late fee and then split it between CGST and SGST; instead, the correctly computed total late fee had to be apportioned equally, resulting in a reduced late fee payable. Upon payment of the modified late fee, the bank account was directed to be defrozen. – HC
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Alleged excess input tax credit claim under GST sent back for fresh decision, 50% cash deposit lifts bank attachment
Case-Laws
GST
Assessment relating to alleged excess/irregular ITC availment and consequential interest and late-fee liabilities was interfered with on the ground that the matter required reconsideration on merits after a proper reply and supporting documents. The impugned order was directed to be treated as an addendum to the show-cause notice, and the authority was mandated to pass a fresh final order in accordance with law after considering the taxpayer's reply. The remand was made conditional upon deposit of 50% of the disputed tax (in cash through the electronic cash ledger) within 30 days; upon such compliance, the bank-account attachment was to stand automatically vacated and the authority to decide expeditiously. – HC
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GST goods detention penalty u/s 129(1)(a) miscalculated; penalty order set aside, authorities told to recompute within three weeks.
Case-Laws
GST
Whether the penalty quantified under Section 129(1)(a) of the U.P. GST Act, 2017 was computed erroneously was the dominant issue. Applying the principle in a prior binding decision on similar facts, the Court held that the penalty must be re-determined strictly in accordance with the statutory formula under Section 129(1)(a), and an order reflecting an incorrect computation cannot be sustained. Consequently, the impugned penalty order was set aside and the tax authorities were directed to re-compute and determine the penalty afresh within three weeks, and the writ petition was disposed of. – HC
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Alleged ₹72-crore GST evasion via clandestine cigarette supplies; bail cancellation sought over incomplete probe, but refused after five-year delay
Case-Laws
GST
Cancellation of bail granted for alleged GST evasion through clandestine cigarette supplies involving approximately Rs.72 crore was sought on the ground that the trial court failed to take a prima facie view of the gravity of economic offences, relied on an insignificant deposit, and granted bail while investigation was incomplete with a risk of evidence tampering. The court agreed that economic offences warrant stricter scrutiny and that the bail order understated the offence's seriousness, but held that the investigating agency's prolonged inaction-no complaint filed even after more than five years and investigation still stated to be pending-militated against curtailing liberty at this stage; the cancellation petition was dismissed – HC
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Delhi HC asks Centre why GST on air purifiers canÂ’t be lowered
GST
Dated:- 26-12-2025
PTI
New Delhi, Dec 26 (PTI) The Delhi High Court on Friday asked the Centre why it cannot reduce the GST charged on air purifiers to make it affordable for the common man in view of the worsening air quality in the national capital and nearby areas.
The courtÂ’s query came after the counsel for the Centre submitted that the GST Council is a constitutional body and it is no longer a unilateral levy of Delhi. It is a federal levy in all over India so all 30 states and union territories have to agree and involves union finance minister as its member.
Additional Solicitor General N Venkataraman, representing the Centre, said voting has to be done physically and it cannot be done through video conferencing and added that the government will file an extremely detailed counter affidavit in the matter.
A vacation bench of Justices Vikas Mahajan and Vinod Kumar granted 10 days' time to the centra

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n Delhi.
During the hearing, the bench told the petitioner that in the last hearing also, the court was with him because the issue raised is such that “everybody is concerned”.
Agreeing to this, the ASG said, “certainly milords our hearts are there, no doubt”.
He said this matter was deliberated at the highest level involving the finance minister and they had an urgent meeting on Thursday but have some concerns with this writ petition.
The law officer said if the petitioner wants this petition to be treated as a representation by the GST Council through the secretariat, the court may pass an order today itself.
If the petitioner wants to contest the petition, we want to file an extremely detailed counter affidavit. ItÂ’s a loaded petition and we really want to know who is behind it, he added.
“Two prayers have nothing to do with GST. Health Ministry is not a party to the petition and a prayer is sought regarding it….
“Somebody wants a monopoly in air purifiers, we don't know. We

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ks about breathing devices. All medical devices are falling in schedule 1″.
The court asked the ASG as to what is the difficulty in conducting the meeting of the GST Council and then they can take a call.
The ASG said, “This will open up a pandora box. The committee has recommended something to us. ThatÂ’s the process. We are not saying anything at the moment, whether we will reduce or not. I am not giving any commitmentÂ…. We are scared from the constitutional perceptive. Let this be converted into representation and sent to the Council.” On December 24, the court had directed the GST Council to meet at the earliest and consider lowering or abolishing GST on air purifiers.
The matter was listed today to inform the court as to when the Council can meet and whether it was possible for the Council to meet virtually, if not physically.
Earlier, the high court had expressed displeasure over the authorities doing nothing to grant exemption from taxes on air purifiers in this “emergency

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Alleged fake firms used to claim ₹30+ crore input tax credit u/s 132; prolonged custody held disproportionate, bail granted.
Case-Laws
GST
In a prosecution alleging creation and operation of multiple firms to wrongfully avail and pass on input tax credit exceeding Rs.30 crores under Section 132 of the CGST Act, the court assessed whether continued pre-trial custody was warranted. Noting that the maximum punishment is five years, that the allegations remained to be proved, that the accused had been in custody since May 2025, and that the prosecution evidence was primarily documentary/electronic reducing apprehension of interference, the court held that further incarceration would be disproportionate and offend Article 21 and the principle that bail is the rule absent extraordinary circumstances. Regular bail was granted subject to conditions. – HC
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Refund of unutilised ITC on identical input-output supplies: Section 54(3)(ii) rate comparison rejected; refund allowed (3)
Case-Laws
GST
Refund of accumulated unutilised ITC was denied on the premise that refund under Section 54(3)(ii) of the CGST Act is unavailable where the input and output are the same and the rate comparison should be confined to the principal input vis-à-vis principal output. Relying on binding precedent, it was held that Section 54(3)(ii) does not bar refund merely because input and output are identical, and the proviso does not require comparing only the tax rate on the principal input with that on the principal output supply; nor can refund be restricted only to cases where the main input rate exceeds the principal output rate. Consequently, the impugned orders were set aside and the refund claim was allowed. – HC
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