Goods and Services Tax

Petitioner entitled to opportunity to submit evidence for ITC claim under Sections 16(2)(c) and 16(4) CGST/SGST
Case-Laws
GST
The HC set aside the impugned order to the extent it denied the petitioner's claim of input tax credit (ITC) under Sections 16(2)(c) and 16(4) of the CGST/SGST Acts, on the ground that the petitioner could not trace the suppliers involved in the relevant transactions. Relying on precedent where a similar petitioner was granted an opportunity to submit requisite documents, the Court held that the petitioner is entitled to a similar chance to substantiate the ITC claim. The matter is remitted for reconsideration limited to allowing the petitioner to produce supporting evidence in accordance with applicable circulars. The application is disposed of accordingly.
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Special Leave Petition dismissed; statutory appeal must be filed within 30 days with pre-deposit as per rule
Case-Laws
GST
The SC dismissed the Special Leave Petition, affirming the High Court's directive that the petitioners must pursue their statutory appeal within 30 days, accompanied by the requisite pre-deposit. The Court emphasized the availability of an alternative remedy and underscored the principles of natural justice, noting the absence of an opportunity for cross-examination regarding allegations of evasion of GST through bogus invoices from non-existent or non-operational firms. The High Court's decision to entertain the appeal on merits, notwithstanding limitation grounds, was upheld. Consequently, the petitioners' challenge was deemed premature and non-maintainable before the SC, mandating adherence to the appellate process prescribed by law.
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SC upholds refund formula under Rule 89(5) CGST/SGST Rules for unutilized input tax credit (5)
Case-Laws
GST
The SC dismissed the Special Leave Petition challenging the applicability of the refund formula under Rule 89(5) of the CGST/SGST Rules, 2017 and related notifications. The Court upheld the validity of the formula for refund of unutilized input tax credit, rejecting claims of ambiguity or unworkability. It affirmed the High Court's view that although the formula may produce certain practical inequities, it aligns with legislative intent to grant limited refunds on accumulated ITC. The Court declined to interfere, holding that the GST Council's formula and related circulars are valid and their retrospective or prospective application does not warrant judicial intervention. Consequently, the petition was dismissed, confirming the existing legal framework for refund of unutilized ITC under the prescribed rules.
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Delay of 394 Days in Appeal Under Section 107(4) GST Act Not Condoned Due to Insufficient Cause
Case-Laws
GST
The HC dismissed the petition seeking condonation of a 394-day delay in filing an appeal under Section 107 of the West Bengal GST Act, 2017. The court held that Section 107(4) permits condonation of delay only up to one month upon satisfaction of sufficient cause, and any delay beyond that without cogent reasons cannot be condoned. The reasons provided for the extensive delay were deemed inadequate. Additionally, the challenge to the Adjudicating Authority's order on grounds of violation of natural justice due to improper hearing notice was rejected. Consequently, the statutory limitation period was upheld, and the appeal was not entertained beyond the prescribed time frame.
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Refund of unutilized input tax credit on compensation cess allowed under relevant circulars and Patson Papers precedent
Case-Laws
GST
The HC held that the respondent erred in rejecting the refund claim of unutilized input tax credit on compensation cess related to zero-rated supplies, misinterpreting relevant circulars. The petitioner, engaged in manufacturing and exporting goods exempt from compensation cess, was entitled to claim refund on coal purchased for production, similar to the precedent in Patson Papers. The court directed the respondent to process and sanction the refund of the cess amount claimed. Consequently, the impugned orders rejecting the refund were quashed and set aside, and the writ petitions were allowed.
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Section 73/74 GST Proceedings Cannot Be Based Solely on Turnover Discrepancy Without Fraud or Suppression Evidence

GST
The HC held that initiation of proceedings under Section 73/74 of the GST Act for tax determination based solely on the discrepancy between turnover declared in the E-way bill and Form GSTR-9, absent any allegation of fraud, willful misstatement, or suppression, is impermissible. The respondent authority lacked jurisdiction to proceed under Section 73/74 without evidence of such misconduct. Furthermore, initiation under Section 74 requires a prima facie finding of fraud or suppression after preliminary investigation, which was not established. The impugned show-cause notice dated 27.12.2023, the consequential Order-in-Original dated 10.03.2024, and subsequent orders were quashed and set aside for violation of natural justice and lack of jurisdiction. The petition was allowed accordingly.
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Recovery Proceedings Quashed for Compliance with Section 107(6) CGST Act and Circular No. 224/18/2024 GST
Case-Laws
GST
The HC examined the validity of recovery proceedings in light of the non-constitution of the GST Appellate Tribunal and compliance with Section 107(6) of the CGST Act, alongside the applicability of Circular No. 224/18/2024 GST dated 11th July, 2024. The petitioner had availed benefits under the said circular and deposited 10% of the demanded amount. The court held that since the petitioner complied with the prescribed guidelines by making the requisite deposit, the recovery notices issued on 28th February, 19th March, and 25th March 2025 were quashed. The petition was accordingly disposed of.
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Registration cancellation under WBGST/CGST Act set aside after Rule 25 inquiry confirms valid business premises
Case-Laws
GST
The HC set aside the cancellation of registration of petitioner no. 1 under the WBGST/CGST Act, 2017, which had been initially revoked on grounds of fraud, willful misstatement, and suppression of facts regarding the existence of the business entity at the notified address. Following a directed inquiry and physical verification pursuant to Rule 25 of the WBGST/CGST Rules, 2017, the Court found the business premises to be legitimately operational at the specified location. Consequently, the Court held that the cancellation order dated 17th February 2023 and all consequential orders were unsustainable and quashed them. The petition was accordingly disposed of.
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IGST Refund Denied Due to Concealment and GST Registration Cancellation Since 2018, Petition Dismissed with Costs
Case-Laws
GST
The HC dismissed the petition seeking IGST refund with interest due to concealment of material facts by the petitioner, who failed to attend the personal hearing and did not satisfactorily address queries regarding the cancellation of its GST registration since 2018. The court held that no refund can be granted without restoration of the petitioner's GST registration. The petition was declared not maintainable and dismissed with costs of Rs 25,000, directed to be paid to the Delhi High Court Bar Association.
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Tax and penalty demand beyond statutory period under Section 129 of Odisha GST Act quashed for late notice issuance
Case-Laws
GST
The HC held that the impugned demand for tax and penalty issued on 11th September, 2024, was beyond the statutory period prescribed under Section 129 of the Odisha GST Act, 2017, as the notice was dated 31st August, 2024. Consequently, the demand was invalid due to non-compliance with the prescribed timeline for issuance following vehicle detention. The court set aside and quashed the impugned demand, allowing the writ petition and disposing of the matter accordingly.
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Taxpayers Moved to Large Taxpayer Unit for GST and Coal Cess Compliance from June 1, 2025
Circulars
GST – States
Certain taxpayers registered under the West Bengal Goods and Services Tax Act, 2017, have been transferred from various local charges to the Large Taxpayer Unit to enhance revenue administration. This jurisdictional change includes compliance responsibilities related to the Cess on coal under the West Bengal Primary Education Act, 1973, and the West Bengal Rural Employment and Production Act, 1976. The transfer applies to taxpayers listed in the attached annexure and takes effect from June 1, 2025. Any difficulties in implementing this order may be reported to the Commissioner of Commercial Taxes.
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Tax Authority Deselects Eight Registered Persons from Audit Under Section 65 of West Bengal GST Act 2017
Circulars
GST – States
The tax authority deselected eight registered persons from audit under section 65 of the West Bengal Goods and Services Act, 2017, for the periods between April 1, 2021, and March 31, 2023. The deselection was based on reasons including cancellation of registration ab initio and referral to the National Company Law Tribunal. This decision applies immediately and removes these entities from the list of those subject to audit for the specified periods.
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Net FDI has fallen steeply, domestic investors gripped by 'fear': Congress slams govt
GST
Dated:- 28-7-2025
PTI
New Delhi, Jul 28 (PTI) The Congress on Monday claimed that the net foreign direct investment has fallen steeply while domestic investors are gripped by “fear and uncertainty”, as it asked the government to support incomes, end its “crony capitalist and tax terrorism” policies, fix the GST, and protect Indian industries from Chinese dumping.
The opposition party's assertion came after Finance Minister Nirmala Sitharaman's reported remarks that IndiaÂ’s private sector investment has not kept pace with the growing public expenditure.
In a post on X, Congress general secretary in-charge communications Jairam Ramesh said,

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awaits fundamental reform, Ramesh argued.
Finally, the “dumping” of cheap imports from China which is taking place despite the loss of Indian territory in Ladakh has also led to the closure of domestic manufacturing units, foreclosing the possibility of new investments, he said.
“Acknowledgment is the first step. Now comes the hard part the government needs to take action to support incomes, put an end to its crony capitalist and tax terrorism policies, fix the GST, and protect our industries from Chinese dumping,” Ramesh said.
The Congress has been attacking the government over its handling of the economy, claiming the issues of rising prices, decreasing private investment and stagnating wages were hitting the common people hard. PTI

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Adjudicating and appellate orders set aside for violating natural justice under GST Act and EPCG Scheme, case remanded for fresh decision
Case-Laws
GST
The HC set aside both the adjudicating authority's order dated 27.07.2023 and the appellate authority's order dated 21.05.2024, finding a violation of natural justice due to failure to consider the petitioner's reply and supporting circulars. The adjudicating authority did not provide reasoned or speaking orders, neglecting to analyze the applicability of the petitioner's submissions and statutory provisions under the Central/Bihar GST Act, 2017, and the EPCG Scheme. The appellate authority's partial favorable observations were insufficient to cure the procedural lapses. Consequently, the matter was remanded to the adjudicating authority for a fresh decision, mandating thorough consideration of all contentions and documents in accordance with statutory requirements and the Government of India's export promotion policy. The petition was allowed by way of remand.
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Recovery of CGST before appeal period expiry was wrongful; refund with interest ordered under relevant statute
Case-Laws
GST
The HC held that the recovery of CGST from the petitioners' account prior to the expiration of the appeal filing period was erroneous. The Assistant Commissioner acknowledged the recovery was made by mistake. Consequently, the respondent is directed to rectify the error by refunding or reversing the erroneously recovered amount to the petitioners' account, along with applicable interest under the statute. This remedial action must be completed by 26.07.2025. The petition is accordingly disposed of.
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Electronic Credit Ledger Payment Discharges GST Liability; Sec. 74 Not Applicable Without Wilful Misstatement or Suppression
Case-Laws
GST
The HC held that since the entire tax liability was discharged through the electronic credit ledger before any intimation or show-cause notice, and there was no wilful mis-statement or suppression by the petitioner, the provisions of Sec. 74 of the GST Act are inapplicable. The petitioner's failure to offset the tax liability from the credit ledger was inadvertent and not indicative of fraud. Consequently, the HC directed the respondent AO to pass a fresh de novo order under Sec. 73 of the GST Act, after affording the petitioner an opportunity of hearing, within three months from receipt of the order. The petition was disposed of accordingly.
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Denial of Input Tax Credit on Motor Vehicle Expenses Upheld Under Sections 16(1), 16(2), and 17(5) of CGST Act
Case-Laws
GST
The HC upheld the denial of input tax credit (ITC) claimed on invoices related to motor vehicle purchase, repair, and maintenance, finding violations of Sections 16(1), 16(2), and 17(5) of the CGST Act, 2017, and Section 20 of the IGST Act, 2017. The petitioner failed to demonstrate payment to sundry creditors within the mandatory 180-day period as required under Section 16(2), relying solely on a chart without furnishing corroborative bank statements or documentary evidence. The Court affirmed the proper officer's conclusion that the petitioner did not substantiate timely payment, thereby justifying disallowance of excess ITC availed in GSTR-3B vis-à-vis GSTR-2A. Jurisdictional validity of the authority's action was not disputed, and partial compliance with the order was acknowledged. The petition challenging the officer's evaluation of evidence was dismissed, and the matter was disposed of accordingly.
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Order under Sec. 129(3) GST quashed for violating natural justice by denying proper hearing opportunity
Case-Laws
GST
The HC quashed and set aside the impugned order of tax and penalty levy under Sec. 129(3) of the GST Act due to a flagrant violation of principles of natural justice. The respondent authorities passed the order on the same day as the interception of goods without granting the petitioner adequate opportunity to respond to the show-cause notice, despite the statutory seven-day period for such orders. The court declined to examine the merits of the levy, focusing solely on procedural impropriety. The matter was remanded to the respondent authorities for reconsideration and to afford the petitioner a proper hearing. The petition was allowed accordingly.
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Ex-Parte Assessment Order Quashed for Violating Natural Justice Under Section 75(4) of BGST Act 2017
Case-Laws
GST
The HC held that the impugned ex-parte assessment order and subsequent demand under Form DRC 07 were invalid due to violation of natural justice principles, specifically non-service of proper notices and failure to grant an opportunity of hearing as mandated by Section 75(4) of the BGST Act, 2017. The Court clarified that uploading notices under incorrect headings did not satisfy statutory requirements. Furthermore, the issuance of a show cause notice without scheduling a personal hearing did not constitute an opportunity for hearing since the authority was still seeking a response. As no personal hearing was provided before passing an adverse order, the statutory procedure was not followed. Consequently, the HC set aside the impugned order and allowed the petition, emphasizing strict adherence to procedural safeguards under the Act.
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Software developer booked for GST evasion, house raided in Nashik
GST
Dated:- 27-7-2025
PTI
Nashik, Jul 27 (PTI) The Goods and Services Tax (GST) department conducted a raid at the house of a software developer accused of tax evasion and creating fake invoices in Maharashtra's Nashik, an official said on Sunday.
A team from the Pune Goods & Services Tax (GST) intelligence department raided the house of Shrikant Prasad Parhe in the Nashik Road area on Saturday, the official said.
A

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Tax Authority Extends GST Audit Completion Period for 2021-2022 Audits Under Relevant State GST Act
Circulars
GST – States
The tax authority extended the audit completion period under the relevant state GST Act for audits commencing between April 1, 2021, and March 31, 2022, due to delays caused by requests from audited parties for additional time to produce accounting records. The original three-month completion requirement from the audit start date was deemed insufficient. The extension allows audits to be completed by August 22, 2025, or three months from the actual audit commencement date, whichever is later. This extension is effective immediately.
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Penalty under Section 129(3) GST Act quashed due to technical glitch, no intent to evade tax found
Case-Laws
GST
The HC set aside the penalty imposed under section 129(3) of the GST Act for non-filing of Part-B of the e-way bill, finding no intent to evade tax. The petitioner demonstrated that the omission was due to a technical glitch, a fact undisputed in the record. The Court relied on precedents affirming that mere non-filing of the e-way bill does not attract penalty absent a tax evasion intent. As no authority below recorded any finding of willful tax evasion, the penalty was unwarranted. Consequently, the petition was allowed, and the impugned order imposing the penalty was quashed.
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HC refuses extraordinary relief in ITC blocking under Rule 86A, emphasizing factual inquiry and evidence-based decisions
Case-Laws
GST
The HC declined to exercise extraordinary jurisdiction under Articles 226 and 227 in a petition challenging the blocking of input tax credit under Rule 86A of the CGST Rules, 2017, relating to alleged non-existent suppliers. The Court emphasized that Rule 36 requires documentary evidence for claiming input tax credit, and fact-finding on the genuineness of invoices and related records falls within the competence of the adjudicating authority. It held that Rule 86A mandates a reasoned, objective determination based on material evidence before disallowing credit, not mere suspicion. Given the factual nature of the dispute, the HC remanded the matter to the competent authority to consider the petitioner's explanation with an opportunity of hearing within four weeks. The writ petition was disposed of accordingly, leaving factual adjudication and verification to the statutory authorities.
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PVC Raincoats Classified Under HSN 3926 as Plastic Articles, Attracting 18% GST Under Schedule III Entry 111
Case-Laws
GST
The AAAR held that PVC raincoats are correctly classified under HSN Code 3926 as plastic articles, not under HSN Code 6201 for textile apparel, since PVC is a synthetic polymer and not a woven textile. The mutually exclusive nature of Chapters 39 and 62 precludes classification of PVC raincoats as textile garments. Consequently, the GST rate applicable to PVC raincoats is 18% under Schedule III, entry no. 111, rather than 5% under entry no. 223, which applies solely to textile clothing items valued at Rs. 1000 or less. The appellant's supply of PVC raincoats falls within the plastic articles category, attracting the higher GST rate irrespective of the price threshold applicable to textile garments.
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Section 93 CGST Act: Recovery Proceedings Against Deceased's Property Set Aside, Legal Representatives Allowed to Proceed
Case-Laws
GST
The HC set aside the impugned order dated 22 December 2023 concerning recovery proceedings against the immovable properties of the petitioner's deceased wife under Section 93 of the CGST Act, 2017. The court granted liberty to proceed against the legal representatives of the deceased in accordance with the law. Consequently, the Form GST DRC-16 order dated 30 July 2024 was also quashed. The petition was disposed of accordingly.
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