Uploading GST Notices On Portal Alone Is Not Valid Service Under CGST Act: Punjab & Haryana High Court

The Punjab & Haryana High Court has recently held that merely uploading a Show Cause Notice (SCN) or adjudication order on the GST common portal does not amount to valid service under the Central Goods and Services Tax (CGST) Act. It ruled that www.gst.gov.in has not been notified as the common portal for serving notices or orders under Section 146 of the Act.A Division Bench of Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor observed, "We have no hesitation in accepting...

GST Law Does Not Mandate Three-Month Gap Between Notice And Adjudication Order: Madras High Court

The Madras High Court on 17 July held that GST law does not require a mandatory three-month gap between issuance of a show cause notice and passing of an adjudication order, clarifying that the three-month requirement only applies to the period between issuance of the notice and expiry of the statutory limitation period for passing the order. Justice Senthilkumar Ramamoorthy partly allowed writ petitions filed by Raj Machine Tools challenging two GST assessment orders for the financial year...

Patna High Court Quashes Mechanical GST Registration Cancellation, Imposes ₹15,000 Costs On Department

The Patna High Court on 17 July held that GST authorities cannot cancel GST registration or reject a revocation application without complying with the statutory safeguards mandated under law, ruling that orders passed mechanically in violation of the principles of natural justice are unsustainable. A Division Bench of Justices Rajeev Ranjan Prasad and Sunil Dutta Mishra allowed the writ petition filed by Munna Chaudhary, set aside the GST registration cancellation order, the order rejecting the...

Karnataka High Court Strikes Down Health Security Se National Security Cess Act On Pan Masala Manufacturers

While holding that Parliament was competent to enact the law, the court ruled that a cess based on production capacity instead of actual manufacture is unconstitutional.

GST Refund Interest Must Run From Original Application Date After Illegal Rejection: Gujarat High Court

The Gujarat High Court on 2 July held that GST authorities cannot deny interest on refunds by treating a refund application filed pursuant to a Court order as a fresh application, ruling that where the original rejection of a refund claim is set aside as illegal, interest under Section 56 of the Central Goods and Services Tax (CGST) Act (which provides for interest on delayed refunds) must be calculated from the date of the original refund application. A Division Bench of Justices A.S. Supehia...

CBIC Forms Working Group To Examine PAN-Based Centralised GST Administration For Multi-GSTIN Taxpayers

The Central Board of Indirect Taxes and Customs (CBIC) has constituted a Working Group to examine a proposal for centralised administration of taxpayers holding multiple Goods and Services Tax (GST) registrations under the same Permanent Account Number (PAN). The proposal covers taxpayers whose GST registrations fall under different Central Tax jurisdictions.The move is aimed at promoting ease of doing business and improving administrative efficiency. It seeks to streamline GST administration...

Right To Cross-Examination Cannot Be Denied Over Unretracted GST Statements: Kerala High Court

The Kerala High Court on 8 July held that GST authorities cannot reject a taxpayer's request to cross-examine witnesses merely because the witnesses have not retracted their earlier statements, observing that cross-examination is necessary to test the truthfulness of evidence relied upon during adjudication. Justice A.A. Ziyad Rahman passed the order while allowing the writ petition filed by Emas Gold and Diamonds LLP against a GST adjudication order passed following an investigation by the...

Madras High Court Grants ITC Refund To Vindhya Spinning Mills, Says Same Input Rate Can't Deny Relief

The Madras High Court on 14 July held that Goods and Services Tax (GST) authorities cannot deny a refund of unutilised input tax credit (ITC) under the inverted duty structure merely because the principal input and the finished product attract the same rate of tax, if other inputs used in manufacturing are taxed at higher rates, leading to accumulation of ITC. Justice D. Bharatha Chakravarthy allowed two writ petitions filed by Vindhya Spinning Mills Private Limited, quashed the refund...

Delhi High Court Refuses To Examine GST Liability On Diagnostic Services, Directs Petitioner To AAR

The Delhi High Court has recently refused to examine a challenge to the levy of 18% Goods and Services Tax (GST) on diagnostic services rendered by a private lab, observing that the issue falls within the jurisdiction of the Authority for Advance Ruling (AAR) under the GST Act, 2017.A division bench of Justices Anil Kshetrapal and Amit Mahajan disposed of two writ petitions filed by a company after being informed that the vacancy in the Delhi Authority for Advance Ruling had been filled, thereby...

AI Tool Has No Sanction In Law To Prepare And Issue GST Show Cause Notice: Punjab & Haryana High Court

The Punjab and Haryana High Court has recently quashed a GST show cause notice after holding that it had been issued primarily by relying upon an Artificial Intelligence (AI) tool, the use of which was not shown to have statutory sanction. The challenge was founded on a document annexed to the show cause notice and uploaded on the department's portal. The document referred to various AI-based aids and included suggestions to "Tighten this further with case-law citation paragraph-wise", convert...

Madras High Court Directs Chennai Corporation To Reimburse Contractor's GST Burden After VAT Change

The Madras High Court on 7 July held that government contractors are entitled to reimbursement of additional GST paid due to the transition from the VAT regime to the GST regime if the change in tax law occurred after the award of contracts. A Bench of Justice C. Saravanan directed the Greater Chennai Corporation to reimburse the GST burden incurred by Sakthi Constructions for the remaining works under government contracts that were awarded before the introduction of GST on 1 July 2017. He...

GST Seller's Failure To File Returns Cannot Deny ITC To Bona Fide Purchaser: Gauhati High Court

The Gauhati High Court on 16 July held that a bona fide purchaser cannot be denied Input Tax Credit (ITC) merely because the selling dealer failed to file GST returns after collecting tax from the purchaser, and that the department must proceed against the defaulting seller. Justice Devashis Baruah allowed a writ petition by Advance Engineering Farms and Equipments challenging the rejection of ITC on generators bought in FY 2017-18, holding that treating the claim as excess ITC went against the...