Goods and Services Tax

Liability to pay GST by supplier confirmed; refund of wrongly recovered interest ordered to petitioners.
Case-Laws
GST
Liability to pay GST rests on the supplier under the Act of 2017 and Rules of 2017, and the supplier must issue a tax invoice within thirty days, failure of which attracts penalty and does not shift payment obligation to the recipient; consequence: supplier liable for penalty for non-issuance. Interest on unpaid tax accrues against the person liable to pay and cannot be validly transferred to the recipient; consequence: interest liability remains with the supplier and amounts wrongly recovered from recipients must be refunded, leading to directed refund of the recovered interest.
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Deposit requirement for release of confiscated vehicle modified to require Rs.2,00,000 deposit and release within one week; contempt dismissed
Case-Laws
GST
Sub-section (8) of Section 112 requires payment of an additional 20% of the disputed tax alongside the deposit required under sub-section (6) of Section 107, and no such appellate deposit was made in the matter arising from the confiscation order. The interim direction was modified to require deposit of Rs.2,00,000 before the Adjudicating Authority, upon which the vehicle must be released within one week; other conditions of the Single Judge shall remain operative until disposal of the writ petition. The contempt petition alleging disobedience was held misconceived due to non-execution of the indemnity bond and is disposed.
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GST levy on educational activities order-in-original set aside during interim order and matter remanded for fresh reply.
Case-Laws
GST
Validity of show cause notice challenging GST levy on educational activities was contested; the adjudicatory order issued during pendency of an interim order was set aside, and the matter remitted to the stage of reply to the show cause notice, permitting the petitioner to file a reply. The adjudicating authority is directed to consider the legal position advanced by the petitioner when proceeding further. All substantive contentions on merits have been left open for fresh consideration upon re-adjudication.
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Profiteering and input tax credit pass-through in real estate: post-GST ITC considered and no profiteering relief granted to buyer
Case-Laws
GST
The article addresses profiteering and computation of profiteering focusing on pass-through of input tax credit (ITC) where the flat was booked post-GST. Applying judicial guidance, the DGAP examined ITC availed and pre- and post-GST purchase values and concluded no contravention of section 171 of the Central Goods and Services Act, 2017, because the price was set after ITC availability and no enforceable right arose for the purchaser merely from a seller's confirmation to pass on ITC; the applicant's objections were examined and rejected as without merit.
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Passing on benefit of Input Tax Credit in construction services found complied with after DGAP verification; proceedings closed
Case-Laws
GST
Investigation under anti-profiteering examined whether the supplier passed on Input Tax Credit (ITC) benefits to eligible recipients; DGAP verified buyer-wise disbursements and compliance submissions, finding the supplier passed on a greater total benefit than the initially determined profiteering amount and remitted outstanding amounts to individual recipients. The DGAP report was accepted and the supplier was held to have discharged the statutory obligation to pass on ITC benefits in respect of construction services, resulting in closure of proceedings and no further action required.
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Consolidation of tax periods under Section 74 CGST disputed; Bombay High Court rulings prevail and notices may be reissued.
Case-Laws
GST
Consolidation of multiple financial years/tax periods into a single show cause notice under Section 74 of the CGST Act was contested; the court preferred subsequent Bombay High Court decisions finding such consolidation impermissible, holding that authorities within the State are bound by those later judgments and that the Delhi High Court decision does not operate as a merger where the Supreme Court dismissed review in limine. The court permitted respondents to revive the petition if Bombay High Court decisions are set aside and expressly allowed reissuance of notice strictly in terms of Section 74 if no other legal impediment exists.
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Wrongful input tax credit adjustment between tax heads leads to quashing of recovery notice where no revenue loss
Case-Laws
GST
Wrongful availment or misapplication of input tax credit by adjustment between tax heads does not, by itself, attract recovery proceedings if no tax remains unpaid or there is no revenue loss; the tribunal reasoned that proceedings for recovery require tax to be unpaid, short paid, erroneously refunded, or input tax to be wrongfully availed or utilized causing revenue loss, and that mere head-to-head adjustment without loss will not support initiation of recovery notices. The impugned recovery notice was quashed applying these principles.
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Coaching body urges Sitharaman to slash GST on coaching services to 5 pc or nil
GST
Dated:- 29-1-2026
PTI
New Delhi, Jan 29 (PTI) The Coaching Federation of India has urged Finance Minister Nirmala Sitharaman to rationalise Goods and Services Tax on coaching and supplementary education services in the Union Budget, claiming the current tax structure is pushing up costs for parents and squeezing small education businesses.
In a representation submitted on January 28, the Coaching Federation of India (CFI), a New Delhi-based body that claims to represent a large number of coaching centres across the country, sought a reduction in GST on coaching services to 5 per cent or a complete exemption, stating that unlike manufacturing or

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osts.
It proposed raising the limit to Rs 1 crore for coaching and supplementary education services, saying the existing cap forces even small centres with thin margins into the tax net, while larger chains benefit from scale and compliance capacity.
According to the Federation, the current tax regime is also “distorting” the sector by encouraging informality, with some small centres opting to remain unregistered or parents preferring “no-GST” options.
The Federation suggested that a more balanced tax structure would improve voluntary compliance, make education more affordable and align with national goals under the National Education Policy-2020.
It also sought a stakeholder consultation with the finance ministry to present ground-leve

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Invalid tax assessment under TNGST Act set aside for invoking an omitted provision; order remanded for fresh show-cause and hearing
Case-Laws
GST
Challenge concerned validity of an assessment issued under an omitted statutory provision; the court found the authority had applied a repealed provision instead of the substituted provision introduced by amendment, rendering the impugned order invalid and therefore set aside. The order must be treated as a show cause notice; the affected party is directed to file a reply with documents within six weeks, after which the authority shall issue a clear 14-day notice fixing personal hearing and thereafter decide on merits in accordance with law. Writ petition disposed accordingly.
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Three month gap between CGST show cause notice and adjudication required; shorter interval led to quashing of adjudication order
Case-Laws
GST
High Court held that a mandatory three-month gap between issuance of a CGST show cause notice and passing of the adjudication order is required to secure principles of natural justice and the right to personal hearing; shortening that interval undermines service of the statement of demand, the assessee's self-assessment option and ability to obtain adjournments, and therefore renders orders passed within a shorter period unsustainable. Applying that principle, the court quashed and set aside the show cause notice issued on 15-5-2024 and the adjudication order dated 9-7-2024 as the gap was under three months.
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Rectification under UP GST Act and exclusion of limitation where a bona fide rectification application suspends appeal time.
Case-Laws
GST
Interplay between the Limitation Act and the UP GST Act concerns exclusion of limitation where a special statutory power to condone delay exists and where a bona fide rectification application is prosecuted with due diligence. The court reasons that a specific condonation power in the special Act operates to displace the general Section 5 principle, and that filing a timely application for rectification of an order puts the limitation to file an appeal in abeyance during its pendency; because the rectification application was filed within time and pursued in good faith, the pendency period is excluded and the subsequent appeal was held within limitation.
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Supply of CKD e-rickshaw components: classified as finished vehicle if motor plus three key components, attracting lower GST.
Case-Laws
GST
Classification of a CKD supply of electric three-wheeler components turns on essential character and sufficiency for assembly: if the CKD set includes the motor and any three of the four major components (transmission, axles, chassis, controller) in proportionate numbers, it is treated as the finished vehicle and taxed at 2.5% CGST + 2.5% SGST under HSN 87038040. If the supply lacks the motor or lacks two of the other major components, it is treated as parts/components and taxed at 9% CGST + 9% SGST under the applicable tariff entries.
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Belated input tax credit and interest for late GSTR-3B filing: retrospective amendment limited demand, interest liability sustained.
Case-Laws
GST
Prima facie determination on alleged violation of input tax credit conditions under Section 16(4) was negated by a retrospective statutory amendment inserting clarificatory provisions, and an earlier confirmed demand for 2018-19 was rectified by a subsequent order, leaving only a reduced demand. Separately, interest levied for belated tax payment and late filing of GSTR-3B was upheld as correctly imposed under the GST regime, leaving no scope for interference. Consequent writ relief was refused and the petition dismissed.
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Anticipatory bail where alleged GST offence is not punishable by death or life; bail granted subject to bond and conditions
Case-Laws
GST
Anticipatory bail is prescribed where the alleged offence carries a maximum sentence of five years and is not punishable by death or life imprisonment; the operative effect is grant of pre-arrest bail because the applicant has cooperated with investigation and there is no likelihood of tampering with evidence or influencing witnesses. The bail is conditioned on executing a personal bond with one surety, regular appearance as required, and strict non-interference with evidence and witnesses, with release to follow upon compliance with these conditions.
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Ex-parte GST assessment based on mistaken identity due to portal data reliance quashed and writ allowed
Case-Laws
GST
HC addressed ex parte GST assessment founded on misattribution of turnover due to identical names and reliance on WAMIS/Income-Tax portal data; court accepted concession that assessment targeted an unregistered person mistaken for a registered taxpayer, holding that the assessment under the GST Act and subsequent appellate confirmation were unsustainable. Consequently the impugned assessment order and the appellate order were quashed and set aside and the writ petition was allowed, with pending interlocutory applications disposed of.
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Violation of natural justice and forum availability: relegation to statutory appellate remedy upheld where appellate forum is functional
Case-Laws
GST
Violation of natural justice and entitlement to personal hearing is addressed in the context of writ jurisdiction and availability of statutory appellate remedy; where a statutory forum exists and is functional, the writ remedy should be relegated and the statutory appeal procedure followed, including compliance with any conditions attached to filing such appeal (pre-deposit requirement), and the writ court must not bypass those conditions. The petition was disposed directing availing of the appellate forum without expressing opinion on merits, and interlocutory applications stood disposed.
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Opportunity of hearing in ITC claim under GST: lack of personal hearing rendered alternative remedy ineffective and order quashed
Case-Laws
GST
Section 75(4) of the GST regime requires that an opportunity of hearing be granted upon receipt of a request; failure to afford a personal hearing renders the impugned action procedurally infirm and susceptible to challenge. Where the authority refusing advance rulings is hierarchically superior to the appellate authority, the alternative remedy is ineffective as a practical and legal recourse, permitting invocation of constitutional relief. The practical effect is that absence of procedural hearing and an ineffective alternative remedy justifies setting aside the impugned administrative order.
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Input Tax Credit fraud: custodial interrogation granted for one appellant; other appellant's bail order restored by court.
Case-Laws
GST
Input Tax Credit fraud investigation involved questions of custodial interrogation, bail review, and procedural safeguards. The SC restored the learned magistrate's earlier order as to appellant No.2, a student, on the basis that custodial interrogation had already occurred, thereby vacating the impugned order as to him. The Court accepted that investigation remains incomplete and granted custodial interrogation of appellant No.1 for consecutive days from 28 January 2026 to 31 January 2026 until 5 p.m., directing interim custody for that period and release thereafter.
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Detention and release under UPGST Act involving online notice service, remittance for fresh appellate decision, conditional relief provided
Case-Laws
GST
Challenge concerning detention and release under the UPGST regime, service of statutory notices via an online portal, and remittance for fresh appellate decision. The respondents assert notices and hearing dates were uploaded to the portal, constituting communication; consequence: the appellate process requires remittance for a fresh decision. Presence of parties counsel is treated as imputed knowledge of the interim order; consequence: benefits of the order apply only if the petitioner complies strictly with stipulated timelines and conditions. Writ petition disposed accordingly.
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GST registration suspension and service of show cause notice via agent email: relief denied where petitioner blamed representative.
Case-Laws
GST
The text addresses GST registration suspension and service of a show cause notice sent to the chartered accountants email, holding that the registrant bore knowledge and responsibility for the contact details provided. Reliance on the professionals alleged failure to communicate was deemed insufficient without satisfactory proof or action against the representative, and an offer to deposit half the liability did not justify departing from statutory procedure. Consequently, discretionary equitable relief was refused and the petitions lacked merit and were dismissed.
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Pre-deposit requirement in GST appeal remitted for fresh adjudication; interim relief conditioned on additional 40% deposit and compliance
Case-Laws
GST
Remittal for fresh adjudication was ordered due to a dispute over excess input tax credit reconciliation between GSTR-2A and GSTR-2B, with the appellate proceedings returned to the adjudicating authority for fresh consideration; the petitioner must, within 30 days of receipt, deposit an additional 40% of the disputed tax in addition to the earlier 10% to obtain interim relief. The petitioner must file a detailed reply to the GST DRC-01 show cause notice treating the impugned order as an addendum and produce supporting documents; bank attachment will be lifted only upon the directed deposit and absence of other arrears, failing which recovery proceedings may resume as if the petition were dismissed.
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Eligibility for Input Tax Credit after retrospective amendment leads to quashing of assessment and remittal for fresh consideration
Case-Laws
GST
Eligibility for Input Tax Credit was reconsidered in light of retrospective insertion of provisions into the GST enactments, the legal basis being the Finance (No.2) Act, 2024 rendering the issue subject to fresh merits scrutiny; consequence: assessment quashed and matter remitted for re-examination of entitlement to ITC notwithstanding belated availment. The prospect of waiver of interest and penalty under the relevant statutory provision was noted as a collateral relief subject to reconsideration. Writ jurisdiction was exercised to set aside the impugned assessment and direct expeditious fresh decision on merits by the assessing authority.
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Intimation under Rule 142(1A) and 142(2A) on liability for sale of mineral rough stone and gravel; petition dismissed, hearing required
Case-Laws
GST
Challenge concerns intimation under Rule 142(1A) and Rule 142(2A) regarding liability for sale of mineral rough stone and gravel. The HC found the writ petition not maintainable because the petitioner filed a representation and participated in the proceedings; consequence: petition dismissed. Separately, the court required that any coercive action be preceded by consideration of the petitioners representation, an opportunity of hearing, and issuance of a reasoned order; consequence: respondent directed to consider the reply dated 12.12.2025 on merits, afford hearing, and pass a reasoned order before taking coercive steps.
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IGST on ocean freight: entitlement to refund interest from date of payment; 6% then 9% for delayed payment.
Case-Laws
GST
IGST charged on the ocean freight component pursuant to notifications was held not exigible and refunded; the Court treats retention of such tax as contrary to constitutional provisions and rejects reliance on Section 54/56 procedural provisions for denial of interest. The petitioner is awarded restitutionary relief in the form of simple interest running from the date of payment of the IGST on ocean freight until actual refund, at 6% per annum, payable within eight weeks, increasing to 9% per annum for further delay. The ruling treats unjust enrichment and unauthorized levy as operative bases for interest on refunds.
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Entitlement to refund of unutilised ITC on amalgamation depends on transfer via FORM GST ITC-02 and registration compliance
Case-Laws
GST
Entitlement to refund of unutilised input tax credit on corporate amalgamation is governed by the transfer mechanism under Section 87 and statutory compliance with FORM GST ITC-02; the transferee may receive unutilised ITC only if transfer formalities, including valid registration of the transferor at time of transfer and settlement of liabilities, are observed, and registration cancellation takes effect from the date of the sanctioning order. Partial transfer of ITC without complete compliance and concurrent irregular registration actions by officers vitiate relief and invoke the doctrine of pari delicto, preventing either party from obtaining refund where both are at fault. Directions issued for strict procedural adherence in future amalgamations.
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