Goods and Services Tax

Refund of statutory pre-deposit follows appellate relief despite a planned challenge to the remaining sustained indirect tax demand.
Case-Laws
GST
Statutory pre-deposit under the erstwhile indirect tax regime is a security furnished as a condition for hearing an appeal, rather than duty. Where first appellate relief sets aside part of a demand and the Department does not challenge that relief, the appellate order becomes final to that extent. Refund of the corresponding pre-deposit cannot be refused merely because the taxpayer intends to challenge the remaining sustained demand. The refund claim attributable to the demand set aside was required to be processed and paid, while no interest claim was pursued.
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Input tax credit rectification deadlines require sufficient-cause safeguards; an inflexible six-month application limit curtails statutory entitlement.
Case-Laws
GST
The six-month application period for rectifying orders denying input tax credit was questioned as an impermissible restriction on statutory entitlement. Although the Government may prescribe a special procedure for input tax credit, that power must include conditions and safeguards protecting taxpayers. The amended provision made credit available for returns filed by the stipulated date but did not impose an application deadline. A procedure that bars relief after six months without allowing extension where sufficient cause prevented timely application curtails the accrued right to credit. The notification was considered deficient for lacking such a safeguard, with further consideration directed after impleadment of relevant governmental bodies.
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Financial-year-wise GST limitation prevents composite Section 73 notices spanning multiple years, requiring separate notices and preserving lawful reissuance.
Case-Laws
GST
Section 73 of the CGST Act requires GST assessment and demand limitation to be determined separately for each financial year, with reference to the relevant annual return. A composite show cause notice covering multiple financial years improperly combines distinct tax periods, due dates, limitation periods, allegations and response opportunities. High Court precedent is binding within its territorial jurisdiction. The composite notice was quashed, while preserving the respondents' liberty to issue fresh notices separately in accordance with Section 73, subject to any other legal impediment.
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Show cause notices against deceased proprietors are void; legal representatives require fresh notice and a hearing before GST assessment.
Case-Laws
GST
Show cause notices issued in the name of a deceased taxable person are void because tax cannot be determined against a non-existent person. Although legal representatives are liable only to the extent of the deceased's estate, that liability requires assessment against them in their representative capacity. They must receive a fresh notice and a meaningful opportunity to reply and be heard before liability is determined. Proceedings initiated solely against a deceased proprietor, including adjudication and recovery, are liable to be quashed and remitted for fresh adjudication against the legal representatives without determination on merits.
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Input tax credit denial for supplier defaults requires reasoned reconsideration after natural justice breaches and jurisdictional defects.
Case-Laws
GST
Input tax credit denial to a bona fide purchaser based on a supplier's failure to deposit tax, file GSTR-3B, or reflect invoices in GSTR-2A requires proper consideration of the purchaser's reply and supporting evidence. The High Court found non-application of mind and breach of natural justice, and held that invocation of Section 74 of the CGST Act for financial year 2018-19 lacked jurisdiction. The adjudication order and consequential recovery notice were quashed. Fresh adjudication was directed after considering relevant precedents, granting a personal hearing, and issuing a reasoned speaking order.
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Continuous journey rules preserve embarkation-based GST treatment despite short transit stops, while human-remains transport remains outside supply.
Case-Laws
GST
Passenger transportation follows the place of embarkation for a continuous journey. Where either the supplier or passenger is outside India, a short transit stop does not amount to a stopover or interrupt the journey; transportation embarking outside India consequently has a place of supply outside India and is not subject to GST. Where both supplier and passenger are in India, embarkation from Kolkata makes the service an intra-State supply liable to CGST and WBGST at the notified rate, with economy-class treatment subject to the input tax credit condition. Air transportation of human remains falls within funeral, burial, crematorium or mortuary services and is neither a supply of goods nor services, so remains outside GST.
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E-way bill reuse allegations require cogent evidence; suspicion alone cannot establish GST contravention or intention to evade tax.
Case-Laws
GST
Detention of goods for alleged reuse of an e-way bill requires cogent evidence that the same goods had completed an earlier journey and that the e-way bill was reused. Where goods are accompanied by an invoice, e-invoice and e-way bill, with no discrepancy in description, quantity, value or ownership, an earlier vehicle verification or location alone cannot establish re-transportation. Contravention of GST law and intention to evade tax cannot be presumed from suspicion; the department must prove both by independent evidence. On these facts, the detention and penalty proceedings were set aside, and refund of the deposited amount was directed in accordance with law.
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E-way bill reuse allegations require independent proof; suspicion alone cannot sustain goods detention or tax-evasion penalties.
Case-Laws
GST
Alleged reuse of an e-way bill cannot justify detention and penalty where the goods are supported by an invoice, e-invoice and e-way bill without discrepancies in description, quantity, value or ownership. Re-transportation must be established by independent, cogent evidence that an earlier journey was completed or the goods were delivered; an inference from prior e-way bill verification alone is insufficient. Intention to evade tax cannot be presumed from suspicion, and the alleged falsity of a vehicle-repair bill must also be proved. The detention and penalty orders were set aside, and refund of the deposited amount was directed in accordance with law.
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Psyllium seed classification turns on condition at supply, making dried stored seeds taxable rather than GST-exempt fresh goods.
Case-Laws
GST
Psyllium seeds fall under tariff sub-heading 1211 90 13 within Heading 1211. GST exemption for fresh or chilled seeds depends on the goods' condition when supplied, not on processes before procurement from farmers. Storage in dry ventilated godowns constitutes drying, and absent evidence that the seeds remained fresh from harvest through onward supply, they cannot be treated as fresh or chilled. The supplies therefore fall under the rate entry for dried goods and are taxable at 5%. Exemption claimed for goods of seed quality is also unavailable on that classification.
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Regular bail in alleged fake-invoice input tax credit prosecution follows custody, documentary evidence, and low interference risk.
Case-Laws
GST
Regular bail in alleged fraudulent input tax credit availment through fake invoices depends on more than the seriousness of an economic offence. Relevant considerations include custody period, maximum punishment, the nature of evidence, risk of evidence tampering or witness influence, cooperation with trial, prior antecedents, and the likelihood of early trial completion. The High Court found that the accused had spent about four months in custody, faced a maximum five-year sentence, had no antecedents, and confronted documentary evidence, with no material showing interference risk. Bail was granted on bonds, subject to conditions against interfering with proceedings, requiring address updates, and restricting foreign travel without permission.
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Ex parte GST adjudication may be reopened to restore a taxpayer's opportunity to reply, submit evidence, and be heard.
Case-Laws
GST
Ex parte GST adjudication may warrant fresh consideration where a taxpayer did not answer a show-cause notice or contest proceedings because of asserted health-related inability. A justice-oriented approach supports reopening from the reply stage, permitting submission of supporting material and a reasonable hearing. A limitation-based dismissal of the statutory appeal did not involve examination on merits; the procedural focus is restoration of an effective opportunity to reply and be heard.
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Composite GST assessment orders for distinct tax periods require separate notices and hearings before any fresh proceedings.
Case-Laws
GST
Composite GST assessment orders covering five distinct tax periods are unsustainable. Separate notices must be issued for each respective tax period, and the taxpayer must receive an opportunity of hearing before fresh assessment action is taken. The High Court declined to examine the assessment merits and set aside the composite order, subject to deposit of 20% of the disputed tax within the stipulated period. On default, the authorities may proceed in accordance with law. Fresh proceedings may be initiated separately for each tax period.
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E-Way Bill compliance for returning excavators requires proof of a valid short-distance movement exemption to avoid penalties.
Case-Laws
GST
E-Way Bill requirements extend to movement of goods for reasons other than supply, including return of an excavator from a work site to registered premises. Ownership and return to the owner's premises do not independently remove that requirement. A short-distance exemption must be established with satisfactory evidence that the movement falls within Rule 138(14) or an applicable notification. Failure to prove the exemption, or to clarify the tax treatment of consideration for use of the equipment, may prevent the breach from being treated as merely procedural and may support tax-evasion consequences under CGST/UPGST enforcement provisions.
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E-Way Bill non-generation and repeated post-interception production can support tax-evasion intent and restoration of tax penalties.
Case-Laws
GST
Transportation of taxable goods without an E-Way Bill is treated as substantive non-compliance where the bill is generated only after interception and the same lapse recurs. An E-Way Bill forms part of the statutory mechanism for monitoring taxable-goods movement; its absence alongside a manually issued invoice may permit subsequent account manipulation. Post-interception production, combined with repetition in a similar transaction, indicates a deliberate course of conduct and intention to evade tax rather than a technical or procedural breach. On that basis, tax and penalty proceedings were sustained, the first appellate order was set aside, and the Proper Officer's tax and penalty order was restored.
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Handicraft job work receives concessional GST only for registered principals and predominantly handmade goods; commercial resin articles remain taxable.
Case-Laws
GST
Concessional GST for job work on brass statues and carved wooden products applies only where the goods belong to a registered person and qualify as predominantly handmade handicrafts; processing goods of unregistered persons falls under the residual treatment-or-processing entry and attracts the higher rate. Commercially cast or moulded resin statues and ornamental vases are plastic articles, not original sculptures or statuary, and are classified under the relevant plastic-articles tariff items. GST exemption covers only marble or wooden idols or murtis of gods or goddesses, not decorative figures; qualifying marble deities fall in Chapter 68 and wooden deities in Chapter 44, irrespective of eight-digit classification.
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Psyllium seed classification treats stored raw seeds as dried goods, denying fresh and seed-quality GST exemptions.
Case-Laws
GST
Psyllium seeds supplied in raw form fall under sub-heading 1211 9013, as the tariff description and HSN Notes specifically cover Psyllium seed. GST exemption as fresh or chilled goods depends on the condition at supply. Seeds stored in dry, ventilated godowns, without evidence of storage duration supporting their fresh character, acquire the character of dried seeds and cannot qualify as fresh or chilled. The exemption for goods of seed quality is likewise unavailable where the supplies are treated as dried Psyllium seeds. Such supplies are taxable as dried seeds at the applicable concessional rate.
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Show-cause notice limits penalty liability: imposing a handler's proposed penalty on the petitioner required fresh adjudication.
Case-Laws
GST
Penalty under section 122(1A) of the CGST Act must be imposed consistently with the person identified in the show-cause notice. Specified penalties were proposed against the petitioner, while the separate section 122(1A) penalty was proposed against its handler/operator; nevertheless, both penalties were imposed on the petitioner. As this mixing of proposed penalties was not specifically controverted, the penalty order was quashed and remanded for fresh adjudication after hearing the petitioner, with other issues left open.
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GST valuation notices must disclose the applicable rule; confirmation on a different rule violates natural justice.
Case-Laws
GST
GST valuation proceedings require the show-cause notice to identify the valuation rule on which the proposed demand rests. Where a notice invokes Rule 28(a), but the adjudicating authority finds that rule inapplicable and instead confirms the demand under Rule 27(c), the taxpayer must receive notice and an opportunity to respond to that distinct basis. Substituting the valuation rule at adjudication causes prejudice and breaches natural justice. A fresh show-cause notice is required before proceedings may be pursued on the revised valuation basis.
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GST registration cancellation requires independent satisfaction and tangible evidence; nil GSTR-3B turnover alone cannot establish business discontinuance.
Case-Laws
GST
Cancellation of GST registration under Section 29 requires the Proper Officer's independent satisfaction, based on cogent and tangible material, that a statutory ground for cancellation exists. Nil turnover declared in GSTR-3B returns alone does not establish discontinuance of business, especially where material indicates that business continued from the registered premises. A show-cause notice founded solely on nil turnover does not disclose a circumstance warranting cancellation. The cancellation and rejection of revocation were quashed, while the authority retained liberty to verify whether the business continued and proceed in accordance with law.
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Post-cancellation GST notice service requires an alternative mode; portal-only assessment breaches natural justice and permits fresh proceedings.
Case-Laws
GST
Service of a GST show-cause notice solely through the portal after cancellation of registration may deny the taxpayer a proper opportunity to respond. Once registration is cancelled, the taxpayer is not required to continue checking the GST portal; an alternative mode of service is required. An assessment founded only on such portal-based notice breaches principles of natural justice and was set aside. Fresh proceedings may be initiated upon proper notice, and any recovered amount remains subject to the final outcome of those proceedings.
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Omitted GST refund rule applies to pending recovery proceedings, requiring reconsideration where no savings clause preserves prior operation.
Case-Laws
GST
Omission of Rule 96(10) of the Central Goods and Services Tax Rules, 2017, without a savings clause was treated as applying to pending refund-recovery proceedings. Applying the Supreme Court pronouncement on the effect of such omission, the High Court set aside the refund-recovery orders and remanded the matters for fresh consideration under that principle. The merits of the refund-recovery claims were not decided.
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Delayed GST statutory appeals proceed on merits only after tax, interest and penalty deposit conditions are met.
Case-Laws
GST
Delayed statutory appeals against GST assessment orders may be pursued where the taxpayer undertakes to pay outstanding tax and interest and deposits 10% of the penalty. Upon compliance, the appellate authority must decide the appeal on merits without applying limitation. If the conditions are not met, tax recovery may proceed after due notice. The permission remains conditional on these payments.
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Compulsory acquisition compensation is not a GST supply, making tax deductions from land acquisition awards unlawful and refundable.
Case-Laws
GST
Compulsory acquisition of land and attached structures under eminent-domain powers is an expropriation, not a supply of goods or services for GST purposes. Land and buildings are immovable property and cannot be treated as goods, while a landowner does not provide any service through statutory acquisition. GST deducted from acquisition compensation therefore lacks statutory basis, is beyond the acquiring authority's power, and must be refunded with interest. Interest awarded on compensation under the Land Acquisition Act to account for the period until payment forms part of compensation and is not subject to tax deduction at source.
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Portal-only GST service does not trigger appeal limitation without acknowledged receipt or response to notice.
Case-Laws
GST
Portal-only service of GST show-cause notices is insufficient where there is no acknowledgement of receipt or response to the notice. Similarly, uploading a contested order-in-original solely on the Common Portal does not commence the limitation period for filing an appeal. Taxpayers affected by notices or adjudication orders served only through the portal may seek the remedies available for defective service, including protection against limitation being calculated from the portal-upload date alone.
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GST appeal delay condonation restored merits adjudication where factual challenge to tax levy required a hearing.
Case-Laws
GST
Condonation of delay beyond the ordinarily condonable period for a GST appeal was considered appropriate where rectification proceedings were not the sole explanation and the tax levy was disputed on factual grounds requiring adjudication on merits. The delay dismissal was set aside, the appeal was restored, and merits were left open for decision after an opportunity of hearing. The approach accords with treatment of a similar factual situation involving delayed GST appellate proceedings.
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