Goods and Services Tax

Inter-State transit goods cannot be detained by GST authorities of a State merely because they pass through its territory.
Case-Laws
GST
State GST authorities cannot detain or seize goods merely passing through their territory during inter-State transit where the goods are destined for another State. The territorial power to detain and seize does not extend to goods moving from Delhi to West Bengal solely because they transit Uttar Pradesh. On that basis, the appellate order upholding detention was quashed, the goods were directed to be released, and any amount deposited was directed to be refunded.
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Alternative GST remedies limit writ review where registration-cancellation disputes require factual examination by appellate authorities.
Case-Laws
GST
Availability of a statutory appeal against rejection of a GST registration-cancellation application does not bar writ jurisdiction under Article 226, but strongly informs its discretionary exercise. Where the challenge requires resolution of disputed facts and appraisal of the record, the statutory Appellate Authority is the appropriate forum. The writ petition was therefore not entertained, with liberty to pursue the statutory appeal; the Appellate Authority must decide it independently of observations made in the writ proceedings.
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Retrospective input tax credit limitation extension protects eligible belated claims and requires reversal of time-barred credit disallowance.
Case-Laws
GST
Retrospective extension of the input tax credit limitation under section 16(5) protects eligible registered persons whose belated claims were barred under section 16(4) but fall within the extended period. Input tax credit cannot be denied solely on limitation in such circumstances. The assessment disallowance was quashed to that extent, consequential recovery was restrained, and amounts already recovered were to be refunded or adjusted against future tax liabilities.
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Defective GST portal service justified condonation of delay, requiring the appellate authority to hear the appeal on merits.
Case-Laws
GST
Defective service of a GST show-cause notice and adjudication order through an incorrect common-portal tab justified condonation of delay in filing the GST appeal. Uploading a notice on the portal alone was treated as insufficient service where there was no acknowledgement or reply, and belated recovery action supported the taxpayer's claim that the order appeared under “Additional Notices and Orders” rather than the designated tab. Although the Appellate Authority was bound by the statutory limitation period, refusal to hear the appeal would cause grave prejudice where the delay arose from circumstances beyond the taxpayer's control. The appeal was directed to be entertained and decided on merits if filed within the stipulated period.
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Sufficient cause for delayed GST appeals permits merits review where portal placement prevented effective notice.
Case-Laws
GST
Sufficient cause supported condonation of delay in a GST appeal where the taxpayer lacked effective knowledge of the show-cause notice and adjudication order because they were uploaded under a non-designated portal tab. Although the Appellate Authority remained bound by the limitation prescribed under section 107 of the RGST/CGST Act, circumstances beyond the taxpayer's control and the risk of grave prejudice justified merits review. The delay was condoned, with a direction to entertain and decide the appeal on merits if filed within the stipulated period.
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Conditional pre-deposit enables fresh adjudication after non-participation and expiry of appellate limitation, subject to a timely reply.
Case-Laws
GST
Fresh adjudication was permitted where the petitioner had not participated in the original proceedings and the statutory appellate limitation had expired. The impugned order was quashed, subject to an additional pre-deposit of 25% of the disputed tax and submission of a reply to the show-cause notice within the stipulated period. The earlier order was to operate as an addendum to the show-cause notice for the fresh proceedings. No further extension or concession was available; failure to comply allowed recovery proceedings to continue in accordance with law after due notice.
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Retrospective input tax credit limitation extension preserves eligible claims filed within the extended return-filing deadline.
Case-Laws
GST
Retrospectively inserted section 16(5) extends the time for eligible registered persons to claim input tax credit for specified financial years where the section 39 return was filed by 30 November 2021. It overrides the limitation in section 16(4) for claims falling within that extended period, while preserving the requirement to satisfy all other statutory conditions. Input tax credit claimed through a March 2019 return filed within the extended deadline cannot be denied solely for delay. Limitation-based disallowance, consequential recovery, and related demands are to be removed, with recovered amounts refunded or adjusted against future tax.
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Tribunal appeal limitation governs filing deadlines, not the Commissioner's review period, preserving departmental appeal maintainability.
Case-Laws
GST
Section 112(3) confines the prescribed limitation period to filing an appeal before the Tribunal and does not impose a separate six-month deadline on the Commissioner to review the first appellate order. A departmental appeal filed within the applicable extended filing period therefore remains maintainable even where the Commissioner's review occurred after six months. The maintainability objection was rejected, and the appeal was admitted for adjudication on merits.
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Urgent listing for GST registration cancellation appeals may bypass Registry scrutiny where delay threatens effective appellate relief.
Case-Laws
GST
Urgent listing of an appeal against GST registration cancellation may be granted without awaiting ordinary Registry scrutiny where sufficient cause and continuing prejudice are shown. Procedural rules permit exemption from procedural requirements and directions necessary for substantial justice, reflecting the principle that procedure should facilitate adjudication rather than defeat substantive rights through technicality. Cancellation preventing the appellant from conducting its sole business justified limited urgent listing, as delay could make appellate relief ineffective. The exemption applies only to listing and does not waive statutory requirements or determine maintainability or merits, which remain open.
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Tariff classification of Papad Khar as an inorganic carbonate results in GST despite exempt papad production.
Case-Laws
GST
Papad Khar, an alkaline manufactured mixture containing sodium chloride, sodium carbonate and sodium bicarbonate, is classified as an inorganic carbonate under tariff item 28362090. It is not covered by Heading 2501 because it is neither crude nor merely physically processed salt, and it does not possess the characteristics of yeast or prepared baking powder under Heading 2102. As a Chapter 28 inorganic chemical outside the relevant exclusions and alternative schedules, it attracts GST at 18%. Exemption for exempt papad does not extend automatically to Papad Khar used as an input; each input and finished product requires separate classification and rate determination.
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E-invoicing for coaching services depends on contractual recipient status, not merely fee payment, GSTIN disclosure, or input tax credit eligibility.
Case-Laws
GST
E-invoicing applies to coaching-service supplies genuinely made to registered recipients where the supplier falls within the notified class and no exclusion applies. Recipient status depends on an enforceable contractual liability to pay consideration; the student may be the beneficiary, while a parent, guardian or sponsoring enterprise may be the recipient only if contractual terms establish that liability. Mere fee payment or provision of a GSTIN is insufficient. Proposed-supply questions may be raised, but recipient identity and place of supply cannot be determined through advance ruling where they require transaction-specific assessment. Supplier e-invoicing obligations operate independently of the recipient's input tax credit eligibility or business purpose.
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Pre-registration physical verification becomes mandatory to prevent non-existent business registrations and support timely GST registration processing.
Circulars
GST – States
Physical verification of an applicant's place of business is compulsory before registration is granted under the DGST Act, 2017. Proper Officers must complete verification within seven days of receiving the registration application, to avoid delay in processing. The direction follows findings that numerous registered persons were non-existent, including some registered through Aadhaar-based registration, raising concerns of registrations obtained for tax evasion. Under Rule 25, where physical verification is required, the verification report, supporting documents and photographs must be uploaded in Form GST REG-30 on the common portal within 15 working days after verification. Non-compliance will be treated seriously.
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Supplier tax-payment condition for input tax credit faces constitutional challenge, while the High Court ruling remains stayed.
Case-Laws
GST
Constitutional validity of the input tax credit condition requiring a supplier's actual tax payment is under Supreme Court consideration. The challenge concerns denial of credit to a bona fide purchaser where the supplier has not remitted tax, including arguments for reading down the condition to prevent double taxation and to satisfy Article 14 equality requirements. The Supreme Court issued notice, stayed the High Court judgment and orders, and listed the matter for final disposal.
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GST portal access for nil demand orders enables regular statutory appeals where disputed tax was deposited under protest.
Case-Laws
GST
GST portal access now permits statutory appeals in Form GST APL-01 against nil demand orders where the disputed demand was deposited under protest. An appeal filed within the permitted period through this enabled facility is to be treated as regularly filed without objection. The portal change addresses access-to-justice barriers created when a nil demand status previously prevented appeal filing. Administrative instructions were to be considered to facilitate the same process for similarly situated taxpayers.
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Foundational facts in fraud-based GST notices are mandatory; unsupported fake-invoice input tax credit allegations cannot sustain proceedings.
Case-Laws
GST
GST notices alleging fraud, wilful misrepresentation or suppression must disclose the foundational facts supporting those allegations. Mere reproduction of statutory expressions, without reasons showing application of mind, does not sustain proceedings alleging input tax credit availed through fake invoices without actual supply of goods. Notices lacking sufficient reasons were quashed, while preserving the authority's liberty to issue fresh notices in accordance with law.
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Supplier certificates supporting GST payment can require fresh demand review when GSTR-1 contains an incorrect GSTIN.
Case-Laws
GST
Supplier certification prima facie evidencing receipt of supplies and payment of GST may support reconsideration of a disputed GST demand despite an incorrect GSTIN being reported in GSTR-1. Where the certificate omitted the GSTIN of the person inadvertently recorded in GSTR-1, the taxpayer was permitted to submit an amended certificate identifying those particulars. Subject to the stipulated deposit, the demand order was set aside for fresh consideration after submission of the amended certificate, and the bank attachment was to be lifted upon compliance with that condition.
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Statutory pre-deposit exemption applies only to standalone penalty demands, not composite orders where tax and interest were later paid.
Case-Laws
GST
Statutory pre-deposit for an appeal against a penalty order does not apply under the proviso where the original order imposed a composite liability for tax, interest and penalty. Payment of the tax and interest components does not convert that original composite order into an order demanding penalty alone. A later recovery order confined to penalty likewise does not alter the character of the original order. Accordingly, rejection of the appeal for failure to deposit ten per cent of the penalty was set aside and the appeal was restored for adjudication on merits.
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Conditional de novo GST adjudication permits reassessment after partial pre-deposit, reply to the show-cause notice, and supporting evidence.
Case-Laws
GST
Conditional de novo GST adjudication may be granted where an assessee shows inability to participate because of heart illness and undertakes to make a partial pre-deposit. The assessment may be quashed and treated as an addendum to the show-cause notice, allowing a fresh reply with supporting documents. Fresh adjudication is conditional on cash deposit of 10% of disputed tax and timely submission of the reply; failing compliance, recovery may proceed according to law.
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Input tax credit conditions require supplier tax payment, while fraud allegations and adjudication merits proceed through statutory appeal.
Case-Laws
GST
Input tax credit is a conditional statutory entitlement requiring cumulative compliance, including actual tax payment by the supplier. Recipient exposure to supplier default is addressed through reversal and subsequent re-availment of credit, with the claimant bearing the burden of proving eligibility. Fraud-based proceedings require prima facie material supporting allegations of fraud, wilful misstatement or suppression; detailed allegations of fake invoices, bogus supplies and no movement of goods require merits examination. Pre-notice intimation is enabling rather than mandatory, and investigation and adjudication by the proper officer do not alone establish bias. Merits disputes should ordinarily proceed through the statutory appellate remedy.
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Anticipatory bail after charges are framed may continue where completed investigation eliminates any need for custodial interrogation.
Case-Laws
GST
Completion of investigation, filing of the charge-sheet, framing of charges and commencement of trial remove the need for custodial interrogation, supporting grant of anticipatory bail. Bail may be granted subject to conditions set by the Investigating Officer, continued cooperation with the investigation and furnishing bail bonds before the jurisdictional court. On these grounds, the refusal of anticipatory bail was set aside and anticipatory bail was granted.
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Post-charge-sheet bail may follow where investigation is complete and further custodial interrogation is unnecessary.
Case-Laws
GST
Bail may be granted after filing of a charge-sheet where no further custodial interrogation is required. In allegations concerning unrecorded dry-fruit transactions and issuance of tax invoices, release on bail was directed subject to conditions imposed by the jurisdictional court. The accused was also required to appear before that court within two weeks. The material highlights completion of investigation and absence of a continuing custodial need as relevant considerations for post-charge-sheet bail.
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Statutory appellate remedy for GST registration cancellation requires factual disputes to be pursued before the appellate authority.
Case-Laws
GST
Availability of a statutory appellate remedy against GST registration cancellation and rejection of revocation ordinarily precludes adjudication of factual disputes in writ jurisdiction. Appeals lay against both orders; therefore, factual contentions remained open for determination by the appellate authority. Where the revocation-rejection order was undated but served on 22 August 2026, the service date was directed to be treated as the order date for pursuing the appellate remedy. The taxpayer was permitted to file appeals against both orders within two weeks, for expeditious disposal.
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Inverted-duty-structure refunds remain available for unchanged-rate apparel supplies despite trader status and require tax-period-specific computation and verified credit.
Case-Laws
GST
Accumulated input tax credit refunds under an inverted duty structure depend on the tax rates applicable to supplies, not on whether the registered person is a manufacturer or trader. A circular addressing accumulation caused by a GST rate reduction on the same goods does not exclude refunds for finished apparel supplied at an unchanged rate; higher-taxed inputs may remain eligible under the prescribed formula. Refunds must be computed tax-period-wise, and period-specific calculation satisfies that requirement. Verification must address ineligible credit, invoice reconciliation and credit relating to zero-rated supplies; unsupported objections do not displace findings based on examined records. The refund claims were sustained and the Revenue appeals dismissed.
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Parbhani civic staffers suspend strike after agreement on pending salaries of two months
GST
Dated:- 11-9-2026
PTI
Parbhani, Sep 11 (PTI) Employees of Parbhani City Municipal Corporation on Friday temporarily suspended their strike after the civic administration assured them that pending salaries of two months would be paid by September 15.

The employees had launched the stir demanding payment of pending salaries, an increase in GST grants to the civic body and release of the outs

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Jurisdiction mapping transition requires existing officers to retain pre-assigned GST functions until Boweb Portal roles are updated.
Circulars
GST – States
Existing officers must continue handling all registration, refund, scrutiny, audit, enforcement, adjudication, appeal and related tasks allocated to them before the jurisdictional order of 17 August 2026. This temporary direction applies despite changes to an officer's office nomenclature or territorial jurisdiction, until the Boweb Portal is updated to reflect amended jurisdiction mappings. It is issued to ensure uniform implementation of the Rajasthan GST framework and remove administrative ambiguity arising from the creation of new offices and reassignment of jurisdictions.
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