Delhi High Court Sets Aside ₹45 Lakh GST Demand Against HUF After Revenue Confirms ITC Reversal

The Delhi High Court has recently set aside a GST demand against a Hindu Undivided Family after revenue authorities confirmed before the Court that the disputed input tax credit had been reversed prior to the issuance of the show-cause notice.A Division Bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul was hearing a writ petition challenging orders that had disallowed ITC and raised a demand of over Rs 45 lakh for the financial year 2018–19.The demand stemmed from a show cause notice...

Anti-Profiteering Interest Liability Arises At Time of Supply, Not Completion Certificate: GSTAT Delhi

Recently, the Goods and Services Tax Appellate Tribunal (GSTAT), in New Delhi, held that liability to pay interest on profiteered amounts arises from the time of supply, that is, when excess consideration is collected from buyers, and not from the date of obtaining a completion certificate. A Single Bench comprising Technical Member A. Venu Prasad passed the order on 19 March in an appeal filed by the Director General of Anti-Profiteering (DGAP) against Unnathi Associates, developer of the...

GSTAT Confirms Anti-Profiteering Demand Against Real Estate Company, Directs Refund Of ₹17.75 Lakh

The Goods and Services Tax Appellate Tribunal (GSTAT) on 23 March confirmed an anti-profiteering demand against Duville Estates Pvt. Ltd, a real estate developer, directed it to pay Rs. 17,75,622 along with applicable interest to homebuyers. A Single Member Bench comprising Judicial Member Justice Mayank Kumar Jain accepting the findings of the Director General of Anti-Profiteering (DGAP), recorded: “the report of the DGAP dated 18.12.2024 is accordingly accepted.” The DGAP had...

Interest On Profiteered Amounts Must Run From Date of Collection: GSTAT New Delhi

The Principle Bench of the Goods and Services Tax Appellate Tribunal (GSTAT) at New Delhi on 20 March held that interest on profiteered amounts must be paid from the date of collection of excess amounts.A Single Member Bench comprising Technical Member A. Venu Prasad rejected the contention that interest should run only from project completion. He wrote: “Rule 133(3)(b)… expressly empowers the Authority to order return of the amount… along with interest… from the date of...

Chhattisgarh HC Allows Taxpayer To Seek Relief Under CBIC Circular Meant For States Where GSTAT Is Not Operational

The Chhattisgarh High Court has disposed of a writ petition filed by Maa Shakambari Steel Ltd., allowing the company to seek protection from GST recovery proceedings by following a Central Board of Indirect Taxes and Customs (CBIC) circular that applies in cases where the GST Appellate Tribunal is not yet operational. The matter came before Justice Rakesh Mohan Pandey, who was hearing a challenge to an order passed by the State tax authorities under Section 107(11) of the Chhattisgarh Goods and...

Centre Designates 22 GSTAT Judicial Members As Vice Presidents For State Benches

The Ministry of Finance has designated Judicial Members of the Goods and Services Tax Appellate Tribunal (GSTAT) as Vice Presidents for State GSTAT Benches across India, in exercise of powers under the Central Goods and Services Tax Act, 2017.The Office Order No. 01/2026, dated 23 March 2026 states: “The President of India… is pleased to designate the following Judicial Members of GSTAT as Vice Presidents of their respective state benches.”Under the order, Vice Presidents have been appointed for...

GST Appeals Must Be Filed On Time, Writ Cannot Override Statutory Limitation: Jharkhand High Court

The Jharkhand High Court on 16 March held that a party cannot bypass statutory limitation by approaching the High Court under writ jurisdiction. Statutory appeals must be filed within the prescribed period. A Division Bench of Chief Justice M.S. Sonak and Justice Rajesh Shankar dismissed the writ petition filed by Nayan Enterprises challenging a GST adjudication order, noting that it had failed to show “sufficient cause” for not filing an appeal within the prescribed limitation period. The...

GSTAT Kolkata Bench Starts Functioning

The Kolkata Bench of the Goods and Services Tax Appellate Tribunal (GSTAT) has commenced functioning, with all appeals from designated jurisdictions now required to be filed before it.The Tribunal clarified that it will exercise jurisdiction over West Bengal, Sikkim and Andaman and Nicobar Islands in Public Notice No. 01/2026 dated 23.03.2026, issued by the GSTAT Kolkata Bench. The office of the Kolkata Bench is located at 2/5, Judges Court Road, Alipore, Kolkata–700027 (Old Door Sanchar...

GSTAT New Delhi Orders ₹47.71 Lakh Refund In Anti‑Profiteering Case, Holds Penalty Non‑Retrospective

The Principal Bench of the Goods and Services Tax Appellate Tribunal (GSTAT), New Delhi directed Alton Buildtech Pvt. Ltd., a real estate developer, to pass on Rs. 47.71 lakh, along with interest, to homebuyers for failing to transfer GST input tax credit benefits to them. A Single Bench comprising Technical Member A. Venu Prasad allowed the appeal filed by the Director General of Anti‑Profiteering (DGAP), holding that the developer had engaged in profiteering under Section 171(1) of the CGST...

No Pre-Deposit For Revenue In GSTAT Appeals; Principal Bench Issues Instructions For Filing Appeals

The Goods and Services Tax Appellate Tribunal (GSTAT), Principal Bench has clarified that appeals filed by the Revenue will not require payment of pre-deposit or court fee while issuing instructions on the documents that must accompany appeals filed before the Tribunal under Section 112 of the Central Goods and Services Tax Act. In instructions dated March 10, 2025, the tribunal stated that appeals filed through Form APL-05 (appeal filed by Revenue) must include soft copies of the Show Cause...

Non-Supply Of RUDs, Procedural Lapses In GST Case Must Be Raised In Appeal, Not Writ: Delhi High Court

The Delhi High Court has held that allegations relating to non-supply of relied upon documents (RUDs) and other procedural lapses in GST proceedings are matters to be examined in statutory appeal and not in writ jurisdiction under Article 226 of the Constitution.A Division Bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul observed,“Mere dissatisfaction with the manner in which the adjudicating authority has dealt with the record cannot, by itself, furnish a ground to bypass the statutory...

Bombay High Court Orders Restoration Of GST Registration Of Bi-Chem India After Revenue Withdraws Suspension

The Bombay High Court has recently directed the Revenue to immediately restore the GST registration of Bi-Chem India Pvt. Ltd. after the department informed the court during the hearing that the suspension would be withdrawn and the registration made operational. A division bench of Justices G.S. Kulkarni and Aarti Sathe was dealing with a writ petition filed by the company questioning the suspension of its GST registration, along with a show cause notice dated February 18, 2026, a recovery...