Delay In GST Appeal Condonable On Showing Sufficient Cause: Gujarat High Court

The Gujarat High Court on 17 April, held that a short delay in filing an appeal under the GST regime can be condoned if the appellant demonstrates “sufficient cause”, and that appellate authorities must apply their mind to the reasons instead of mechanically rejecting appeals on limitation. A Division Bench comprising Justices A.S. Supehia and Pranav Trivedi allowed the writ petition filed by Manjulaben Vinod Patel and quashed the appellate order rejecting the appeal as time-barred. The judges...

Delhi High Court Sets Aside GST Demand Order Despite Delay In Filing Writ, Cites Denial Of Hearing

The Delhi High Court has recently set aside a GST demand order after finding that the taxpayer was not given an opportunity of hearing, even though the writ petition was filed belatedlyA bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul set aside a GST demand order passed under Section 73 of the Delhi Goods and Services Tax Act, 2017, while imposing costs and granting conditional relief to the petitioner.Petitioner had challenged an Order-in-Original confirming a tax demand of over Rs. 20...

Corpus Fund By RWAs Taxable As Advance For Future Services, GST Payable On Receipt: Karnataka AAR

The Karnataka Authority for Advance Ruling (AAR) has held that corpus or sinking funds collected by residential associations constitute consideration for future supply of services and are liable to Goods and Services Tax (GST) at the time of receipt, treating such collections as advances under the GST law. A Bench comprising Members Kalyanam Rajesh Rama Rao and Sivakumar S Itagi, while hearing an application filed by Liberty Square Apartment Owners Association, ruled that GST liability arises...

Concessional GST On Irrigation Rubber Rings Conditional On Hard Rubber Use: Rajasthan AAR

The Rajasthan Authority for Advance Ruling (AAR) has held that rubber rings used in sprinkler or drip irrigation systems will qualify for concessional Goods and Services Tax (GST) only if they are made of hard rubber and used exclusively for irrigation purposes, and not otherwise. The Bench comprising Members Utkarsha and Dr Akhedan Charan was hearing an application filed by Arti Pitaliya, a Jaipur-based manufacturer of rubber components used in irrigation systems. It held: “yes, if rubber...

Relevant Date Under GST Refund Varies By Claim Type; 2019 Amendment Not Retrospective: Delhi High Court

The Delhi High Court has clarified that the determination of the “relevant date” for computing limitation under Section 54 of the Central Goods and Services Tax Act, 2017 (CGST Act) depends on the nature of the refund claimed, and that the 2019 amendment to the provision cannot be applied retrospectively to defeat vested rights of taxpayers.A Division Bench of Justices Prathiba M. Singh and Shail Jain was dealing with petitions challenging rejection of refund claims for unutilised input tax...

ARN Cannot Be Equated With Valid GST Registration Certificate: Delhi High Court

The Delhi High Court has recently upheld Oil and Natural Gas Corporation's (ONGC) decision to reject a bid for failure to submit a valid Goods and Services Tax registration certificate at the time of bidding, holding that an Application Reference Number (ARN) cannot substitute a GST certificate in tender processes. A Division Bench of Justices V. Kameswar Rao and Manmeet Pritam Singh Arora, while dismissing a writ petition filed by Anantaa-MRKR-Arinfra (JV) Pvt. Ltd., said: “An ARN is only an...

GST Refund Limitation Mandatory; Delay Can Be Condoned Under Article 226 In Cases Of Genuine Hardship: Karnataka HC

The Karnataka High Court held that the two-year limitation under Section 54 of the CGST Act is mandatory, and cannot be relaxed by tax authorities. However, in cases of genuine hardship, delay in filing refund claims may be condoned by invoking writ jurisdiction under Article 226, subject to safeguards protecting the Revenue.The Division Bench comprising Justice S.G. Pandit and Justice K.V. Aravind made the ruling. Section 54 of the CGST Act provides provisions for claiming refunds of...

Biodegradable Carry Bags Eligible For 5% GST Subject To Notification Conditions: Rajasthan AAR

The Rajasthan Authority for Advance Ruling (AAR) in February, held that concessional GST at 5% applies to biodegradable carry bags only if the goods satisfy the condition of being biodegradable under the relevant notification. It also held that it cannot determine whether a product meets scientific standards of biodegradability or compostability. The Authority Bench comprising Utkarsha and Dr. Akhedan Charan disposed of an application filed by Pradeep Verma concerning classification and GST...

Semen Sorting Services Exempt From GST As Support To Animal Husbandry: Gujarat AAR

The Gujarat Bench of the Authority for Advance Ruling (AAR) on 3 March, held that semen sorting services using specialised technology qualify as support services to animal husbandry and are exempt from Goods and Services Tax (GST). The Authority Bench comprising Sushma Dora and Vishal Malani decided on an application filed by Jiva Sciences Private Limited, which undertakes separation of X and Y chromosomes from bovine semen using proprietary technology. It ruled: “'Semen Sorting Services' are...

Delhi High Court Declines Writ Against GST SCN Corrigendum Allegedly Expanding Tax Period, Cites Appeal Remedy

The Delhi High Court has recently declined to entertain a challenge to a corrigendum allegedly expanding the scope of a show cause notice by including an additional financial year, holding that such issues require factual examination and are not suited for adjudication under Article 226 when an efficacious statutory remedy is available. A Division Bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul dismissed a writ petition filed by Manpar Icon Technologies challenging a show cause notice...

Separate GST Liability Orders Must Be Issued To Enable Appeals By Company And MD: Telangana High Court

The Telangana High Court on 8 April, held that a single, composite GST liability order against a company and its Managing Director cannot be used to deny them independent appellate remedies. The Division Bench of Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin allowed writ petitions filed by Sugna Metal Limited and its Managing Director, and directed tax authorities to issue separate orders. The judges held: “...,the Managing Director (petitioner in W.P.No.9166 of 2026), after...

Calcutta HC Questions GST Officer's Demand For Personal Appearance When Law Allows Representation Through Counsel

The Calcutta High Court said GST authorities had no basis to insist that a Kanpur-based proprietor appear in person in proceedings over the detention of goods supplied to Maa Kali Traders, especially when the law allows representation through an authorised representative. In an order dated April 7, 2026, Justice Kausik Chanda disposed of a writ petition arising from the detention of a consignment of pan masala and the vehicle carrying it, which had been intercepted while in transit. The Court...