Advisory on “Multistate Registration” Facility for GST Registration

Advisory on “Multistate Registration” Facility for GST RegistrationGSTDated:- 3-10-20261. It is informed that an option for “Multistate Registration” has been introduced. The functionality enables taxpayers to apply for registration in multiple States/…

Advisory on “Multistate Registration” Facility for GST Registration
GST
Dated:- 3-10-2026

1. It is informed that an option for “Multistate Registration” has been introduced. The functionality enables taxpayers to apply for registration in multiple States/UTs simultaneously. Taxpayers seeking GST registration in more than one State/UT under the same PAN can use this functionality. Currently, the functionality is available only for Normal Taxpayers.

2. A “Multistate Registration” tab has been introduced in the homepage of the Common Portal, where Taxpayers can select multiple States/UTs for registration. Upon selection of the required States/UTs, a Master TRN is generated.

3. Using the Master TRN, the applicant can prov

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GST refund withholding under Section 54(11) remains available during anti-evasion proceedings without a separate judicial stay.

GST refund withholding under Section 54(11) remains available during anti-evasion proceedings without a separate judicial stay.Case-LawsGSTSection 54(11) of the CGST Act permits withholding an export IGST refund where the underlying refund order is sub…

GST refund withholding under Section 54(11) remains available during anti-evasion proceedings without a separate judicial stay.
Case-Laws
GST
Section 54(11) of the CGST Act permits withholding an export IGST refund where the underlying refund order is subject to appeal or other pending proceedings and, after hearing the taxable person, the Commissioner independently concludes that release would adversely affect revenue because of fraud or malfeasance. This statutory safeguard operates without a separate judicial stay; a proposed appeal alone is insufficient, but an already commenced anti-evasion investigation may qualify as pending proceedings. Material concerning allegedly non-genuine or non-operational suppliers and unestablished goods movement supported the withholding. Questions on supply genuineness remained for GSTAT; withholding was sustained and writ relief refused.
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Resolution-plan extinguishment bars unfiled GST dues and permits writ review despite a statutory appellate remedy.

Resolution-plan extinguishment bars unfiled GST dues and permits writ review despite a statutory appellate remedy.Case-LawsGSTApproved resolution plans bind government authorities, extinguishing pre-approval statutory dues not lodged in insolvency proc…

Resolution-plan extinguishment bars unfiled GST dues and permits writ review despite a statutory appellate remedy.
Case-Laws
GST
Approved resolution plans bind government authorities, extinguishing pre-approval statutory dues not lodged in insolvency proceedings or provided for in the plan, where the plan covers known and unknown, assessed and unassessed claims. Such extinguishment prevents subsequent GST demand notices, adjudication and recovery because determination cannot survive independently of the extinguished liability. The CGST first-charge provision yields to the IBC's overriding effect, and liquidation cannot revive the liability. Writ jurisdiction remains available despite an appellate remedy where proceedings lack jurisdiction and the dispute is a pure legal issue on admitted facts; a pre-deposit appeal need not be pursued.
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Section 74 fraud allegations must be particularised; an ITC mismatch alone cannot sustain a notice for wrongful credit.

Section 74 fraud allegations must be particularised; an ITC mismatch alone cannot sustain a notice for wrongful credit.Case-LawsGSTSection 74 of the HPGST Act requires a show cause notice to state the foundational facts showing that wrongful availment …

Section 74 fraud allegations must be particularised; an ITC mismatch alone cannot sustain a notice for wrongful credit.
Case-Laws
GST
Section 74 of the HPGST Act requires a show cause notice to state the foundational facts showing that wrongful availment or utilisation of input tax credit resulted from fraud, wilful misstatement, or suppression of facts to evade tax. Bare, alternative recitals of those expressions, without identifying the taxpayer's precise conduct and linking it to the alleged default, do not meet that requirement. An ITC mismatch or short payment alone cannot justify Section 74 unless the notice records supporting reasons and facts. The High Court set aside the defective notice, permitted a fresh notice within 60 days without limitation bar, and kept the challenge to ITC provisions open.
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Bail in CGST prosecution: completed investigation and documentary evidence supported release subject to safeguards against trial interference.

Bail in CGST prosecution: completed investigation and documentary evidence supported release subject to safeguards against trial interference.Case-LawsGSTBail in a CGST prosecution involving alleged diversion of online-gaming merchant funds was granted…

Bail in CGST prosecution: completed investigation and documentary evidence supported release subject to safeguards against trial interference.
Case-Laws
GST
Bail in a CGST prosecution involving alleged diversion of online-gaming merchant funds was granted because pre-conviction detention is not punitive and must secure attendance at trial. Completed investigation, filing of the complaint, documentary evidence, Magistrate-triable offences, and absence of criminal antecedents or material showing witness tampering, flight risk, repeat offending, or exceptional circumstances meant continued custody was unjustified. Delay likely to prevent trial completion within a reasonable time further supported release, subject to attendance and non-interference safeguards.
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Statutory GST appeals remain the appropriate remedy where exemption claims lack substantiation during adjudication proceedings.

Statutory GST appeals remain the appropriate remedy where exemption claims lack substantiation during adjudication proceedings.Case-LawsGSTGST demand challenges founded on claims that supplies were exempt fuelwood and charcoal require substantiation du…

Statutory GST appeals remain the appropriate remedy where exemption claims lack substantiation during adjudication proceedings.
Case-Laws
GST
GST demand challenges founded on claims that supplies were exempt fuelwood and charcoal require substantiation during adjudication; where that defence is not properly supported, the statutory appeal is the appropriate remedy. The taxpayer may clarify an apparently incorrect reference to Form GSTR-8A before the Appellate Authority by filing supporting material. Despite substantial recovery of the confirmed demand, an appeal filed within the permitted period must be decided without applying limitation.
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Ex parte GST assessment permits fresh adjudication subject to reply and disputed-tax pre-deposit despite expired appellate limitation.

Ex parte GST assessment permits fresh adjudication subject to reply and disputed-tax pre-deposit despite expired appellate limitation.Case-LawsGSTEx parte GST assessment is addressed where statutory appellate limitation prevents appellate recourse. Fre…

Ex parte GST assessment permits fresh adjudication subject to reply and disputed-tax pre-deposit despite expired appellate limitation.
Case-Laws
GST
Ex parte GST assessment is addressed where statutory appellate limitation prevents appellate recourse. Fresh consideration is contemplated because the demand was made ex parte, provided the taxpayer files a reply to the show-cause notice, treats the impugned order as an addendum, and makes pre-deposit of the disputed tax. The respondent must then decide the matter on merits after hearing the taxpayer. Non-compliance permits proceedings in accordance with law as though the writ petition had been dismissed in limine.
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Input tax credit blocking requires use of the prescribed unblocking remedy before writ relief, especially after demand proceedings.

Input tax credit blocking requires use of the prescribed unblocking remedy before writ relief, especially after demand proceedings.Case-LawsGSTRule 86A limits restrictions on input tax credit in an electronic credit ledger to one year and provides a st…

Input tax credit blocking requires use of the prescribed unblocking remedy before writ relief, especially after demand proceedings.
Case-Laws
GST
Rule 86A limits restrictions on input tax credit in an electronic credit ledger to one year and provides a statutory route for unblocking. A person whose credit is blocked must approach the Commissioner for an order under Rule 86A(2). Where registration is subsequently cancelled and a demand is determined, unblocking cannot be pursued solely by relying on issues concerning communication of the blocking reasons. The cancellation and demand orders must first be validly challenged; an unblocking request may then be made in accordance with law.
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Input tax credit on unpaid consideration attracts interest despite later financial credit-note settlement and retained credit entitlement.

Input tax credit on unpaid consideration attracts interest despite later financial credit-note settlement and retained credit entitlement.Case-LawsGSTInput tax credit proportionate to consideration unpaid beyond 180 days must be added to output tax lia…

Input tax credit on unpaid consideration attracts interest despite later financial credit-note settlement and retained credit entitlement.
Case-Laws
GST
Input tax credit proportionate to consideration unpaid beyond 180 days must be added to output tax liability, and interest runs from availment until a financial or commercial credit note is received and recorded. A supplier's full waiver through such a credit note leaves no unpaid supply value and permits retention of original-invoice credit because the note does not reduce transaction value or invoice tax; beneficial Board clarifications bind departmental officers. Recorded unpaid balances and a bona fide view, later supported by clarification, do not establish fraud, wilful misstatement, or suppression merely because audit detected the issue. The GST demand for credit and penalty fail, while interest for the intervening period remains payable.
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Blocked input tax credit for resort construction remains unavailable; interest follows actual utilisation, while delayed payment attracts statutory penalty.

Blocked input tax credit for resort construction remains unavailable; interest follows actual utilisation, while delayed payment attracts statutory penalty.Case-LawsGSTInput tax credit on goods and services used to construct a resort building and its c…

Blocked input tax credit for resort construction remains unavailable; interest follows actual utilisation, while delayed payment attracts statutory penalty.
Case-Laws
GST
Input tax credit on goods and services used to construct a resort building and its civil structures is blocked where construction is on the taxable person's own account. The retrospective definition of plant and machinery excludes land, buildings and civil structures; a resort supplying accommodation and restaurant services cannot invoke that exception. Residual credit requires specific proof that inputs are movable assets or qualifying plant and machinery, rather than a general verification request. Interest applies only to wrongly availed credit actually utilised, measured by reduction of the electronic credit ledger below the disputed credit. Failure to pay tax and interest within 30 days of the show cause notice removes penalty immunity. An appellate authority should address cited binding precedent, although fresh final-fact adjudication may cure the omission without prejudice.
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Detention authority ends when transit ends; curable e-way bill omissions cannot justify penalties without tax-evasion intent.

Detention authority ends when transit ends; curable e-way bill omissions cannot justify penalties without tax-evasion intent.Case-LawsGSTSection 129 confines detention of goods to the period of transit and does not support detention after the vehicle h…

Detention authority ends when transit ends; curable e-way bill omissions cannot justify penalties without tax-evasion intent.
Case-Laws
GST
Section 129 confines detention of goods to the period of transit and does not support detention after the vehicle has reached the consignee's registered premises. A promptly corrected Part-B omission in an e-way bill, supported by valid invoices and Part-A details, was treated as a minor procedural lapse that could not justify detention or penalty absent revenue loss or evidence of intent to evade tax. An adjudication order dated before the personal hearing breached audi alteram partem by rendering the hearing ineffective. The detention, tax demand and penalty were set aside, with refund of amounts collected under protest and applicable statutory interest.
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Revised anti-profiteering methodology permits project-level ITC recalculation, requiring homebuyer refunds with interest while excluding retrospective penalties.

Revised anti-profiteering methodology permits project-level ITC recalculation, requiring homebuyer refunds with interest while excluding retrospective penalties.Case-LawsGSTPending real-estate anti-profiteering investigations may be remanded for fresh …

Revised anti-profiteering methodology permits project-level ITC recalculation, requiring homebuyer refunds with interest while excluding retrospective penalties.
Case-Laws
GST
Pending real-estate anti-profiteering investigations may be remanded for fresh project-level computation of input-tax-credit savings and allocation by total area where the earlier methodology is legally unsustainable. A fresh Standing Committee reference is unnecessary where the original reference remains alive and the DGAP acts under remand. The investigation-report time limit is directory, particularly where delayed records caused the delay, and notice, disclosure of the fresh report and opportunity for objections satisfy natural justice. Input-tax-credit benefit must be actually passed to homebuyers through commensurate price reduction; unpassed benefit is refundable with interest proportionate to sold area. A penalty provision does not apply where the entire contravention ended before its commencement.
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Technical transport-document discrepancies cannot justify tax penalties without reliable evidence of deliberate contravention and intent to evade tax.

Technical transport-document discrepancies cannot justify tax penalties without reliable evidence of deliberate contravention and intent to evade tax.Case-LawsGSTAddress and business-particular discrepancies in transport documents do not by themselves …

Technical transport-document discrepancies cannot justify tax penalties without reliable evidence of deliberate contravention and intent to evade tax.
Case-Laws
GST
Address and business-particular discrepancies in transport documents do not by themselves establish deliberate contravention or intent to evade tax. Where goods are accompanied by a tax invoice and e-way bill and no quantity or quality discrepancy exists, technical or procedural defects require independent, reliable evidence of evasion before a penalty may be sustained. Penalty proceedings cannot rest on assumptions or unsubstantiated allegations. In the absence of sufficient evidence of intent to evade tax, the penalty and the appellate order sustaining it were set aside.
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GSTR return mismatches require liability verification, with reasoned reconsideration where tax, interest, penalty, and credit issues remain unresolved.

GSTR return mismatches require liability verification, with reasoned reconsideration where tax, interest, penalty, and credit issues remain unresolved.Case-LawsGSTGSTR-1 and GSTR-3B mismatch requires verification of its cause, reconciliation with liabi…

GSTR return mismatches require liability verification, with reasoned reconsideration where tax, interest, penalty, and credit issues remain unresolved.
Case-Laws
GST
GSTR-1 and GSTR-3B mismatch requires verification of its cause, reconciliation with liability records and subsequent payments, and a determination whether tax remains unpaid; a numerical difference alone cannot establish short payment. Input tax credit reversal demands require a separate statutory basis and computation. Ex parte disposal following non-appearance remains subject to a reasoned determination of material grounds. Statutory claims concerning interest and penalty waiver, service of notices, and duplicate proceedings require examination against applicable conditions and records. The appellate order was set aside and remanded for fresh determination of actual liability and statutory claims.
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Expired e-way bills alone do not establish tax-evasion intent, requiring independent evidence before GST penalties may be imposed.

Expired e-way bills alone do not establish tax-evasion intent, requiring independent evidence before GST penalties may be imposed.Case-LawsGSTExpiry of an e-way bill constitutes a procedural or documentary lapse and, without independent evidence, does …

Expired e-way bills alone do not establish tax-evasion intent, requiring independent evidence before GST penalties may be imposed.
Case-Laws
GST
Expiry of an e-way bill constitutes a procedural or documentary lapse and, without independent evidence, does not by itself establish an intention to evade tax for imposing a GST penalty. Penalty requires assessment of surrounding circumstances, including whether goods were diverted, the transaction was suppressed, goods differed from declarations, or the destination was undisclosed. Where none of these factors is present, the penalty lacks a factual basis and is unsustainable.
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Gross and Net GST revenue collections for the month of September, 2026

Gross and Net GST revenue collections for the month of September, 2026 GSTDated:- 1-10-2026The gross and net GST revenue collections for the month of September, 2026.

Thanks,

Team GSTN

=============
Document 1GST Gross and Net Collections as …

Gross and Net GST revenue collections for the month of September, 2026
GST
Dated:- 1-10-2026

The gross and net GST revenue collections for the month of September, 2026.

Thanks,

Team GSTN

=============
Document 1GST Gross and Net Collections as on 30/9/2026 (Amount in crores)
Monthly Yearly
GST Collections Sep-25 Sep-26 % Growth Sep-25 Sep-26 % Growth
A B C D = C/B E F G = F/E
A.1. Domestic
CGST 33,645 37,762 2,21,817 2,42,922
SGST 41,836 45,363 2,75,291 2,91,150
IGST 49,853 54,871 3,27,354 3,40,294
Gross Domestic Revenue 1,25,334 1,37,996 10.1% 8,24,462 8,74,366 6.1%

A.2. Imports
IGST 52,031 65,525 2,92,627 3,71,912
Gross Import Revenue 52,031 65,525 25.9% 2,92,627 3,71,912 27.1%
A.3. Gross GST Revenue(A.1+A.2)
CGST 33,645 37,762 2,21,817 2,42,922
SGST 41,836 45,363 2,75,291 2,91,150
IGST 1,01,883 1,20,396 6,19,980 7,12,206
Total Gross GST Revenue 1,77,365 2,03,521 14.7% 11,17,088 12,46,278 11.6%
B.1. Domestic Refunds
CGST 3,397 3,1

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GST Revenue 1,49,517 1,76,520 18.1% 9,65,455 10,66,116 10.4%

Note:

(1) The above numbers are provisional and the actuals number may have slightly vary on finalisation.

Table 1: SGST & SGST portion of IGST settled to States/UTs in September, 2026

(Rs. in crore)

Pre-Settlement SGST Post-Settlement SGST1
State/UT Sep-25 Sep-26 Growth (%) Sep-25 Sep-26 Growth (%)
Jammu and Kashmir 291 203 -30% 659 670 2%
Himachal Pradesh 195 201 3% 397 537 35%
Punjab 738 878 19% 2,141 2,473 16%
Chandigarh 55 67 22% 181 211 17%
Uttarakhand 487 384 -21% 772 820 6%
Haryana 1,938 2,113 9% 3,884 4,445 14%
Delhi 1,395 1,493 7% 2,837 3,199 13%
Rajasthan 1,457 1,486 2% 3,525 3,695 5%
Uttar Pradesh 2,587 2,871 11% 5,806 7,277 25%
Bihar 784 950 21% 2,406 2,822 17%
Sikkim 31 96 210% 76 149 97%
Arunachal Pradesh 45 65 46% 138 149 8%
Nagaland 24 34 41% 84 95 13%
Manipur 18 44 150% 87 93 6%
Mizoram 14 17 24% 72 71 -1%
Tripura 40 41 3% 136 124 -9%
Meghalaya 51 58 13% 138 146 5%
Assam

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GST1
2025-26 2026-27 Growth 2025-26 2026-27 Growth
Jammu and Kashmir 1,542 1,538 0% 4,026 4,630 15%
Himachal Pradesh 1,383 1,417 2% 3,037 3,660 21%
Punjab 4,967 5,612 13% 13,101 15,314 17%
Chandigarh 372 414 11% 1,123 1,365 22%
Uttarakhand 3,292 2,740 -17% 5,007 5,799 16%
Haryana 12,700 13,331 5% 23,058 29,108 26%
Delhi 10,103 9,672 -4% 19,069 19,558 3%
Rajasthan 9,700 9,929 2% 22,113 24,488 11%
Uttar Pradesh 18,495 20,102 9% 41,025 48,604 18%
Bihar 5,247 5,307 1% 15,288 16,692 9%
Sikkim 281 339 20% 599 681 14%
Arunachal Pradesh 416 459 10% 1,106 1,142 3%
Nagaland 211 222 6% 620 630 2%
Manipur 197 199 1% 561 517 -8%
Mizoram 115 115 0% 465 492 6%
Tripura 290 307 6% 844 846 0%
Meghalaya 353 415 18% 870 995 14%
Assam 3,501 5,296 51% 8,764 10,854 24%
West Bengal 12,780 12,595 -1% 22,904 24,949 9%
Jharkhand 4,816 4,622 -4% 7,405 5,685 -23%
Odisha 9,220 10,219 11% 12,056 12,259 2%
Chhattisgarh 4,581 5,050 10% 7,161 6,260 -13%
Madhya Pradesh 7,501 7,679 2% 17,371 18,5

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2,549 18%
Chandigarh 229 238 4%
Uttarakhand 1,665 1,277 -23%
Haryana 9,882 10,097 2%
Delhi 5,691 6,354 12%
Rajasthan 4,165 4,151 0%
Uttar Pradesh 7,516 8,882 18%
Bihar 1,590 1,700 7%
Sikkim 396 194 -51%
Arunachal Pradesh 93 136 46%
Nagaland 55 76 39%
Manipur 37 92 145%
Mizoram 29 38 29%
Tripura 89 86 -4%
Meghalaya 191 164 -14%
Assam 1,287 2,415 88%
West Bengal 5,229 5,549 6%
Jharkhand 2,360 2,456 4%
Odisha 3,964 4,356 10%
Chhattisgarh 2,347 2,366 1%
Madhya Pradesh 3,041 3,198 5%
Gujarat 10,419 12,222 17%
Dadra and Nagar Haveli and Daman & Diu 366 384 5%
Maharashtra 25,973 29,986 15%
Karnataka 12,001 13,884 16%
Goa 533 494 -7%
Lakshadweep 2 1 -21%
Kerala 3,010 3,328 11%
Tamil Nadu 10,670 10,188 -5%
Puducherry 259 179 -31%
Andaman and Nicobar Islands 35 50 42%
Telangana 4,512 5,327 18%
Andhra Pradesh 3,384 3,599 6%
Ladakh 44 50 15%
Other Territory 206 265 28%
Center Jurisdiction 392 536 37%
Grand Total 1,25,334 1,37,996 10%

2 Does not include GST o

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6 Haryana 2,97,005 4,529 5,595 19,705 29,829 3,71,679 6,190 7,736 22,850 36,775 10,719 13,331 42,555 66,605 -3.5% 24.2% 10.1%
7 Delhi 3,86,872 3,523 4,061 9,554 17,138 5,57,201 4,951 5,611 14,713 25,275 8,474 9,672 24,268 42,414 0.0% 4.5% 2.7%
8 Rajasthan 4,03,437 3,587 4,404 4,172 12,163 5,88,566 4,354 5,525 4,560 14,439 7,941 9,929 8,732 26,601 -4.0% -5.4% -4.7%
9 Uttar Pradesh 10,37,116 7,469 9,252 11,485 28,206 12,13,745 8,793 10,850 10,527 30,170 16,262 20,102 22,012 58,376 16.2% 12.3% 14.2%
10 Bihar 3,35,927 1,249 2,181 1,421 4,850 4,07,989 1,430 3,127 715 5,271 2,679 5,307 2,135 10,122 7.4% -6.2% -0.1%
11 Sikkim 5,267 99 167 421 687 6,929 121 171 179 472 220 339 600 1,159 -48.6% -59.8% -53.8%
12 Arunachal Pradesh 9,684 113 136 39 288 13,376 266 323 54 644 379 459 93 932 3.0% 15.1% 11.1%
13 Nagaland 4,866 70 78 34 182 6,935 110 144 70 323 180 222 103 505 0.8% 22.7% 13.8%
14 Manipur 6,860 41 52 20 113 9,467 123 147 39 309 164 199 59 422 3.2% 6.1% 5.3%
15 Mizoram 4,354 3

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61 10,383 12,066 11,662 34,111 8,26,992 13,152 14,954 13,545 41,651 23,535 27,020 25,206 75,762 13.9% 10.2% 11.9%
26 Dadra and Nagar Haveli 7,266 145 182 668 995 9,973 222 313 1,120 1,654 367 494 1,788 2,649 12.4% 10.7% 11.3%
27 Maharastra 8,96,188 25,739 29,050 36,263 91,051 12,09,143 31,003 34,350 36,893 1,02,246 56,742 63,400 73,156 1,93,297 13.1% 4.9% 8.6%
29 Karnataka 4,73,053 10,743 12,813 19,278 42,834 6,72,921 12,471 14,410 17,178 44,058 23,214 27,223 36,456 86,892 10.5% 11.7% 11.1%
30 Goa 21,088 426 519 399 1,344 30,331 792 926 481 2,199 1,218 1,446 880 3,544 -9.0% 4.2% -1.2%
31 Lakshadweep 286 3 4 1 8 283 2 2 1 5 5 6 3 14 -4.2% -20.8% -11.3%
32 Kerala 1,85,870 4,446 5,181 1,943 11,569 2,71,826 3,065 3,789 1,336 8,189 7,510 8,970 3,279 19,759 12.7% 7.1% 10.3%
33 Tamil Nadu 5,42,132 8,288 10,103 10,320 28,712 7,39,648 10,601 13,744 10,906 35,250 18,889 23,847 21,225 63,962 -2.3% -3.9% -3.2%
34 Puducherry 10,911 81 117 276 475 16,238 134 179 409 721 215 296 684 1,196 -5.

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Prior communication of CGST arrest authorisation is required; summonses cannot replace a distinct pre-arrest notice.

Prior communication of CGST arrest authorisation is required; summonses cannot replace a distinct pre-arrest notice.Case-LawsGSTCGST arrest commences when the person is actually deprived of liberty and placed in custody, not merely when present during …

Prior communication of CGST arrest authorisation is required; summonses cannot replace a distinct pre-arrest notice.
Case-Laws
GST
CGST arrest commences when the person is actually deprived of liberty and placed in custody, not merely when present during a search, inquiry or statement recording. The twenty-four-hour period for production before a Magistrate runs from that actual arrest. Where a judicial undertaking requires seven working days' prior notice of arrest, a summons requiring attendance, evidence or documents is insufficient because it does not communicate a contemplated arrest. The Commissioner's arrest authorisation must contain and disclose reasons to believe, supporting material and application of mind before arrest. An arrest memo cannot substitute for that authorisation; failure of prior communication vitiates the arrest and later remand cannot cure the defect.
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GST search seizure powers exclude cash and securities absent a statutory nexus, requiring return or refund of unlawfully seized funds.

GST search seizure powers exclude cash and securities absent a statutory nexus, requiring return or refund of unlawfully seized funds.Case-LawsGSTSection 67(2) of the CGST Act does not permit seizure of cash or securities merely because they are found …

GST search seizure powers exclude cash and securities absent a statutory nexus, requiring return or refund of unlawfully seized funds.
Case-Laws
GST
Section 67(2) of the CGST Act does not permit seizure of cash or securities merely because they are found during a GST search. Goods excludes money and securities, and the residuary expression “things” cannot be used to include items expressly excluded from goods. Cash being allegedly unaccounted, or an unsatisfactory explanation of its source, does not by itself establish the necessary nexus with GST proceedings. Money seized without authority must be returned or refunded. Interest and compensation for the unlawful seizure were not awarded, and other remedies remain available in law.
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Inverted duty refunds remain available where higher-taxed packing materials create accumulated ITC, despite restrictive administrative circulars.

Inverted duty refunds remain available where higher-taxed packing materials create accumulated ITC, despite restrictive administrative circulars.Case-LawsGSTRefund of unutilised input tax credit under an inverted duty structure remains available where …

Inverted duty refunds remain available where higher-taxed packing materials create accumulated ITC, despite restrictive administrative circulars.
Case-Laws
GST
Refund of unutilised input tax credit under an inverted duty structure remains available where higher-taxed packing materials used to make sulphur marketable in customised packets cause credit accumulation, even though the principal goods at input and output stages are identical. Statutory refund conditions do not exclude such claims based on identity of the principal goods. CBIC circulars issued for uniform implementation cannot add restrictions or curtail the statutory entitlement. The Tribunal upheld the taxpayer's refund and directed release of the sanctioned amount, dismissing the Revenue's appeal.
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Misdescription of goods in transit records supports section 129 tax and penalty; post-interception documents cannot cure the breach.

Misdescription of goods in transit records supports section 129 tax and penalty; post-interception documents cannot cure the breach.Case-LawsGSTTransporting separately identifiable higher-value copper scrap under transit documents describing aluminium …

Misdescription of goods in transit records supports section 129 tax and penalty; post-interception documents cannot cure the breach.
Case-Laws
GST
Transporting separately identifiable higher-value copper scrap under transit documents describing aluminium scrap constitutes more than a classification dispute or clerical error and supports an inference of intent to evade tax. Tax and penalty under section 129 may follow where the discrepancy conceals higher-value goods, particularly alongside repeated document irregularities. An invoice and e-way bill generated only after interception are post-detection measures; without statutory authority, they cannot validate the original transit-document breach or rebut the inference of tax evasion.
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Pre-movement e-way bill compliance makes post-interception documents ineffective, supporting detention and penalty for undocumented goods in transit.

Pre-movement e-way bill compliance makes post-interception documents ineffective, supporting detention and penalty for undocumented goods in transit.Case-LawsGSTPre-movement e-way bill compliance requires the e-way bill to be generated before goods beg…

Pre-movement e-way bill compliance makes post-interception documents ineffective, supporting detention and penalty for undocumented goods in transit.
Case-Laws
GST
Pre-movement e-way bill compliance requires the e-way bill to be generated before goods begin moving, with the tax invoice and e-way bill carried by the person in charge. Generating those documents only after interception does not cure transportation undertaken without them. Their absence at interception creates a rebuttable presumption of intent to evade tax, which may be displaced only by a reasonable explanation. The explanation did not rebut that presumption, and the detention-related penalty under section 129 was sustained.
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E-invoice procedural lapse alone cannot sustain detention penalty where transport records establish a genuine taxable supply without tax evasion.

E-invoice procedural lapse alone cannot sustain detention penalty where transport records establish a genuine taxable supply without tax evasion.Case-LawsGSTNon-generation of an e-invoice bearing IRN/QR Code before movement of goods is a procedural bre…

E-invoice procedural lapse alone cannot sustain detention penalty where transport records establish a genuine taxable supply without tax evasion.
Case-Laws
GST
Non-generation of an e-invoice bearing IRN/QR Code before movement of goods is a procedural breach, but it does not by itself warrant detention penalty under Section 129. Where the tax invoice, e-way bill and lorry receipt identify the parties, goods, value and tax liability, and a later e-invoice matches the transaction, the lapse does not conclusively establish intent to evade tax absent fictitious documents, mismatched goods, value suppression or concealed supply. On these facts, the Section 129 penalty was unsustainable, the appellate order was set aside, and consequential relief was granted subject to statutory procedure.
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Fraud-based GST recovery requires show cause notices to state foundational facts, not merely recite statutory grounds.

Fraud-based GST recovery requires show cause notices to state foundational facts, not merely recite statutory grounds.Case-LawsGSTSection 74(1) may be invoked for delayed GST payment only where the show cause notice discloses foundational facts permitt…

Fraud-based GST recovery requires show cause notices to state foundational facts, not merely recite statutory grounds.
Case-Laws
GST
Section 74(1) may be invoked for delayed GST payment only where the show cause notice discloses foundational facts permitting an inference of fraud, wilful misstatement, or suppression with intent to evade tax. Mere mechanical reproduction of those statutory expressions does not satisfy that condition. Because the notice contained no such factual basis, recourse to section 74(1) was unwarranted; the Tribunal sustained the setting aside of the proceedings and dismissed the Revenue's appeal.
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GST cross-empowerment remains effective without conditional notification, while duplicate proceedings require established safeguards against overlapping inquiries.

GST cross-empowerment remains effective without conditional notification, while duplicate proceedings require established safeguards against overlapping inquiries.Case-LawsGSTGST cross-empowerment permits Central and State officers to undertake intelli…

GST cross-empowerment remains effective without conditional notification, while duplicate proceedings require established safeguards against overlapping inquiries.
Case-Laws
GST
GST cross-empowerment permits Central and State officers to undertake intelligence-based enforcement action. A notification under section 6(1) is intended to prescribe conditions for that authority rather than operate as a precondition; its absence therefore does not make cross-empowerment inoperative or restrict its exercise. Protection against duplicate proceedings and the treatment of overlapping inquiries remain subject to applicable Supreme Court conclusions and guidelines. The writ-court orders were set aside, and the matters were remanded for fresh disposal under those principles.
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Expiry of seizure period requires release of seized mobile phones and debit cards where no extension order exists.

Expiry of seizure period requires release of seized mobile phones and debit cards where no extension order exists.Case-LawsGSTSection 67(7) of the CGST Act prevents continued retention of seized articles beyond six months unless an order extends the se…

Expiry of seizure period requires release of seized mobile phones and debit cards where no extension order exists.
Case-Laws
GST
Section 67(7) of the CGST Act prevents continued retention of seized articles beyond six months unless an order extends the seizure. Where no extension order existed, the seized mobile phones and bank debit cards could no longer remain under seizure. The investigating officer was directed to return the articles immediately upon production of a certified order copy and acknowledgement.
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