GST Registration Can’t Be Cancelled on Investigator’s Dictation: Gauhati High Court

The Gauhati High Court held that GST registration cancellation under Section 29 read with Rule 21(e) must be independent and reasoned. Justice Arun Dev Choudhury ruled it cannot serve as coercion during investigation or rely solely on interim reports.

Leasehold Rights Aren’t Construction, ITC Cannot Be Blocked Under Section 17(5) of the CGST Act: Gujarat High Court

The Gujarat High Court held that GST input tax credit on leasehold rights is admissible, ruling it is not barred under Section 17(5) of the CGST Act, 2017. The Court clarified the transaction was not construction and found Section 17(5)(d) misinterpreted.

Appellate Authority Cannot Remand Cases in GST Refund Appeals: Allahabad HC

The Allahabad High Court held that the Appellate Authority under Section 107(11) of the CGST Act lacks power to remand matters, annulling refund-related remand orders and relying on its earlier ruling in Anand & Anand vs. Principal Commissioner of CGST prohibiting such action.

GST Dispute| Expat Remuneration Not Subject to IGST Under RCM: Karnataka HC

The Karnataka High Court ruled in Huawei Technologies India Private Limited vs. State of Karnataka that salaries paid to expatriate employees are not liable to IGST under reverse charge when a genuine employer-employee relationship exists, rejecting the revenue’s manpower supply service classification claim.

Cannot Issue a Single Show Cause Notice Covering Several Assessment Years: Kerala High Court Grants Relief to Honey Rose in GST Case

The Kerala High Court quashed composite GST show cause notices issued across multiple financial years, including to actress Honey Rose, holding that authorities cannot club different assessment years in a single notice under the CGST and SGST Acts, 2017.

Separate Billing Does Not Determine Tax Characterization: Andhra Pradesh High Court on Composite Supply

The Andhra Pradesh High Court ruled that inseparable goods essential to services form a composite supply, and billing methods cannot alter tax classification under GST law. Judges said chemicals and mud engineering were naturally bundled for safe drilling operations.

Rajasthan High Court Quashes GST Appeal After Same Officer Acted as Inspector and Appellate Authority

The Rajasthan High Court set aside a GST appeal after finding that the same Additional Commissioner acted as both inspecting and appellate authority, holding such dual roles under Section 107 of the GST Act violated principles of fairness and natural justice.

Time-Barred GST Appeals Cannot be Condoned Even Under Article 226: Gujarat High Court

The Gujarat High Court ruled that delays in filing GST appeals cannot be condoned beyond the statutory time limit, even under Article 226 writ jurisdiction. Justices A.S. Supehia and Pranav Trivedi dismissed the petition, citing excessive and impermissible delay.

Rs.57.29 Crore GST Demand: Mad Over Donuts Gets Interim Stay from Bombay High Court

The Bombay High Court granted interim relief to Himesh Foods Pvt Ltd, staying a Rs 57.29 crore GST demand and penalties. The Division Bench noted a coordinate bench had earlier extended similar protection to Hindustan Coca-Cola in a comparable GST dispute.