GSTAT Rajkot Bench Starts Functioning

The GST Appellate Tribunal's Rajkot bench has begun functioning, with authorities issuing a trade notice on March 18 to inform businesses and tax professionals that the long-awaited forum is now operational in Gujarat. The tribunal is working from its office at the RK Iconic building on 150 Feet Ring Road in Rajkot. Officials said appeals can be filed through the GSTAT online portal, which was rolled out last year, and a toll-free helpline has also been provided to help users facing difficulty...

Supreme Court Dismisses Centre's SLP Against Gujarat HC Order Granting IGST Refund Despite GST Return Error

The Supreme Court has recently dismissed a Special Leave Petition filed by the Union of India challenging a Gujarat High Court judgment that directed the grant of an IGST refund to an exporter despite errors in GST returns. A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe, while hearing the matter, refused to interfere with the High Court's decision but kept open the question regarding the applicability of the proviso to Rule 96 of the CGST Rules for consideration in an...

Gujarat High Court Sets Aside GST Order After Taxpayer's Request For Personal Hearing Was Ignored

The Gujarat High Court has set aside an adjudication order passed under the Central Goods and Services Tax Act, 2017, on the ground of violation of principles of natural justice, holding that failure to grant a personal hearing despite specific requests vitiates the proceedings. A Division Bench comprising Justice A.S. Supehia and Justice Pranav Trivedi was dealing with a writ petition filed by K.D. Engineers challenging an order-in-original dated August 20, 2025, and a consequential demand...

Writ Petition Against GST Show Cause Notice Not Maintainable: Supreme Court

The Supreme Court on 27 February dismissed a Special Leave Petition filed by Trillion Lead Factory Pvt. Ltd., which challenged the Telangana High Court's refusal to interfere with a show cause notice proposing cancellation of its GST registration. A Division Bench comprising Justice Aravind Kumar and Justice Prasanna B. Varale held: “It is trite law that no writ lies against the issuance of a show cause notice, and such a writ petition would not be maintainable.” The case arose from a show...

Bombay High Court Sets Aside Order Denying IGST Refund To Lubrizol, Orders Fresh Consideration

The Bombay High Court has set aside an order rejecting a refund claim of IGST on export of services, holding that the authority failed to properly consider the petitioner's contentions and the nature of the agreements between the parties. A Division Bench comprising Justices G.S. Kulkarni and Aarti Sathe was hearing a writ petition filed by Lubrizol Advance Materials India Pvt. Ltd., which had challenged the rejection of its refund claim of Rs 56,11,885 for July 2024 on the ground that the...

Supreme Court Allows Zoomcar To File GST Appeal After Rajasthan HC Disposed Its Writ Without Granting Liberty

The Supreme Court has recently permitted Zoomcar India Pvt. Ltd., a car-sharing platform, to file a statutory appeal against GST assessment orders arising from proceedings for the financial year 2019–20, after the Rajasthan High Court disposed of its writ petitions without granting liberty to pursue the appellate remedy. A bench comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan was dealing with special leave petitions challenging the Rajasthan High Court's orders, which had...

Karnataka High Court Sets Aside Ex-Parte GST Order Passed Without Allowing Reply To Show Cause Notice

The Karnataka High Court has set aside an ex-parte GST order passed against Medizen Labs Pvt. Ltd. after noting that the adjudicating authority issued the order without considering any reply from the taxpayer. The court observed that, in the facts of the case, it would be appropriate to give the assessee an opportunity to respond to the show cause notice before the matter is decided on merits. A single-judge bench of Justice S. Sunil Dutt Yadav was hearing a writ petition filed by the...

Gujarat High Court Grants Interim Relief To Export Units In Kandla SEZ From Cess Liability

The Gujarat High Court on 26 February, held that Esskay Niryat Corporation and RR Exports operating from the Kandla Special Economic Zone (SEZ), are protected from coercive action under the Health Security and National Security Cess Act, 2025, while the matter is pending before the Court. A Division Bench of Justice A.S. Supehia and Justice Pranav Trivedi, while hearing petitions filed by the two units, granted interim relief by staying recovery steps and issued notice to the Union...

No GST On Tariff, Licence Fees Collected By Haryana Electricity Commission: Punjab Haryana High Court

The Punjab and Haryana High Court on 26 February set aside a show cause notice seeking GST on tariff petition and licence fees collected by the Haryana State Electricity Regulatory Commission, holding that these fees arise from statutory regulatory functions and are not in the course of business. A Division Bench of Justice Lisa Gill and Justice Ramesh Chander Dimri allowed the writ petition and quashed the notice, observing:“Learned counsel for respondents points out that review has been...

GST On Iced Tea 5%, Beverages Without Fruit Pulp Or Juice 40%: West Bengal AAR Clarifies

The West Bengal Authority for Advance Ruling (AAR) has ruled that non-alcoholic beverages not containing fruit pulp or fruit juice fall under other non-alcoholic beverages and attract GST at 20% CGST and 20% SGST, while iced tea preparations and tea extracts are classifiable as extracts, essences and concentrates of tea, and preparations based on such extracts, attracting GST at 2.5% CGST and 2.5% SGST. A coram of Joint Commissioner, CGST & CX, Shafeeq S and Senior Joint Commissioner, SGST...

Gujarat High Court Holds GST Order Against Pacific Cyber Technology Invalid For Overlooking Reply

The Gujarat High Court on 5 February set aside a GST detention and demand order passed against Pacific Cyber Technology Pvt. Ltd., observing that the adjudicating authority failed to consider the explanation submitted by the company regarding delay in movement of goods due to a technical fault in the vehicle. A Division Bench comprising Justice A.S. Supehia and Justice Pranav Trivedi held: “It appears that the appellate authority has not even remotely adverted to the explanation tendered by...

Bombay High Court Stays Multiple GST Notices On Leasehold Transfers Until Supreme Court Ruling

The Bombay High Court on 25 February granted interim protection to taxpayers facing GST proceedings on the assignment of leasehold rights, directing that recovery actions and adjudication of show cause notices be stayed until the Supreme Court of India decides the issue. A Division Bench of Justices G.S. Kulkarni and Aarti Sathe was hearing multiple writ petitions filed by companies challenging GST demands on the transfer or assignment of leasehold rights in industrial plots and buildings,...