GST
Uttarakhand High Court Says Taxpayer Seeking GST Installment Over Poor Finances Can Approach Commissioner
The Uttarakhand High Court has declined to entertain a writ petition filed by a GST-registered taxpayer seeking permission to pay tax dues in installments, citing the availability of a statutory remedy under the GST law. A division bench of Justice Manoj Kumar Tiwari and Justice Subhash Upadhyay was hearing a challenge to an order dated January 22, 2025, passed by the Assistant Commissioner, State Tax, Gopeshwar, Chamoli, by which a GST liability of over Rs 7.5 lakhs was fastened on the...
Calcutta High Court Halts GST Recovery From Trader's Electronic Credit Ledger Pending Rectification Plea
The Calcutta High Court has stepped in to stop GST recovery from a trader's electronic credit ledger, saying the department must first decide a pending rectification plea that could wipe out the entire demand. Justice Om Narayan Rai passed the order on December 22, 2025, while hearing a writ petition filed by Tirupati Traders. In a brief but clear order, the court said that if the rectification application is allowed, “the demand raised by the order in original may not survive,” and...
GSTAT Seeks Proof Of Applicable Pre-GST Service Tax Rate In LIC HFL Care Homes Case
The Goods and Services Tax Appellate Tribunal (GSTAT) at Delhi has narrowed a profiteering dispute involving LIC HFL Care Homes Limited to a single question: what rate of service tax was applicable in the pre-GST regime, and how much tax was actually paid?A division bench of President Justice (Retd.) Dr. Sanjaya Kumar Mishra and Technical Member A. Venu Prasad, while hearing an appeal by the Director General of Anti-Profiteering, said the disagreement between the parties now centres on the...
GST Exemption On Health Insurance Applies Only To Individual, Not Group Policies: Kerala High Court
The Kerala High Court has dismissed pleas by retired bank employees seeking GST exemption on group health insurance premiums, holding that a 2025 Central government notification limits the benefit to individual health insurance policies. A single-judge bench of Justice Ziyad Rahman A.A. said, “It is further clarified in the Explanation in the said notification that the said exemption shall apply to a contract of insurance where the insured is an individual or an individual and family of the...
No Statutory Mechanism To Revise GST Return For ITC: HP High Court Allows Manual Filing Of Monthly Return
In the absence of any statutory mechanism under the GST law to revise or correct GSTR-3B, the monthly GST return used to declare tax liability and claim Input Tax Credit, a taxpayer cannot be left without a remedy for a bona fide mistake, the Himachal Pradesh High Court has held. A division bench of Justices Vivek Singh Thakur and Romesh Verma allowed a registered taxpayer to file the GSTR-3B return manually for the quarter ending March 2021 so that its unclaimed Input Tax Credit (ITC) could be...
Dermatological Treatments For Psoriasis And Skin Disorders Exempt from GST: Kerala AAR Clarifies
The Kerala Authority for Advance Ruling (AAR) ruled that healthcare services provided for the treatment of psoriasis, dandruff, dermatitis, fungal infections and folliculitis are exempt from GST. The ruling was delivered by a coram comprising Jomy Jacob, IRS (Additional Commissioner of Central Tax) and Mansur M. I. (Joint Commissioner of State Tax). The applicant, a board, engaged in providing dermatological treatments through qualified medical practitioners at licensed clinics. It sought...
Himachal Pradesh High Court Quashes ₹16.72 Lakh GST Input Tax Credit Demand After Tax Is Paid
The Himachal Pradesh High Court has quashed a tax demand of Rs 16.72 lakh raised against Shivalik Containers Pvt. Ltd. for the alleged wrongful availment of Input Tax Credit (ITC).The court held that the subsequent payment of tax along with interest by the supplier cannot be ignored while examining the sustainability of a demand raised against the recipient, even if such compliance takes place after a delay of more than five years. A Division Bench of Justice Vivek Singh Thakur and Justice Jiya...
Judiciary Fixing GST Rate On Air Purifiers Would Disrupt Constitutional Framework: Centre Tells Delhi High Court
The Central Government has opposed before the Delhi High Court a public interest litigation (PIL) to declare air-purifiers as “medical devices” and for removing imposition of 18% GST on them.In its affidavit, the Government has said that the GST Council is the sole Constitutionally designated body for making recommendations on matters pertaining to GST, and judicial interference in such matters would necessarily bypass the constitutionally mandated process. The affidavit says that such an...
CGST |Tripura High Court Reads Down Section 16(2)(c), Shields Bona Fide Buyers From ITC Denial
The Tripura High Court has read down Section 16(2)(c) of the Central Goods and Services Tax Act, 2017, holding that while Input Tax Credit can be claimed only if the tax charged by the supplier is paid to the Government, the provision cannot be applied to deny credit to a bona fide purchaser for the supplier's default.A Division Bench of Chief Justice M S Ramachandra Rao and Justice S Datta Purkayastha observed that while Parliament is competent to impose conditions on the availment of ITC,...
Madras High Court Sets Aside GST Demand For Not Considering CBIC Circulars Cited By Taxpayer
The Madras High Court has set aside a GST demand on a corporate guarantee after finding that the tax department failed to consider CBIC circulars relied upon by the taxpayer while raising the assessment.Allowing the writ petition, Justice G R Swaminathan held that an assessment order cannot survive if the tax department fails to consider the defence raised by the taxpayer. The court held, “When a defense raised by the noticee is not considered in the final order, the order is vulnerable on...
Hotels Can Now File Specified Premises Opt-In Online On GST Portal: GSTN
The Goods and Services Tax Network has enabled online filing of opt-in declarations for hotel accommodation service providers to declare their properties as “specified premises” on the GST Portal. This shifts the process from manual filing before jurisdictional officers to an electronic system on the portal. The facility follows Notification No. 05/2025 Central Tax (Rate) and is available from January 1, 2026. “Specified premises” is a classification used to determine the GST treatment of...