Cross-State transfer of Input Tax Credit permitted where statutory merger rights exist; portal limitations cannot deny legal entitlement.
The court held that the statutory mechanism for transfer of Input Tax Credit on merger or amalgamation does not impose a State to State territorial restriction and that technological limitations of the GSTN portal cannot defeat statutory entitlements. It directed manual adjustment to allow transfer of central credits and urged amendment of portal architecture so administrative code aligns with the law. (AI Summary)

GST enforcement should shift from presuming fraud to facilitating compliance to reduce disputes and economic friction.
GST enforcement practices are producing frequent show cause notices and audits based on return mismatches, documentation errors, or vendor mistakes rather than clear evidence, causing allegations of fraudulent activity. Administrative actions include blocking of Input Tax Credit, delayed refunds, and registration rejections despite taxpayer replies. The article stresses the need for administrative sensitivity and accountability, and for technology to facilitate compliance instead of presuming malfeasance, to reduce litigation and support economic growth. (AI Summary)

Service of tax notices via portal may not satisfy natural justice unless alternative communication ensures actual notice.
Portal-only publication of tax notices does not by itself satisfy the sequential service requirement under Section 169; primary modes such as personal delivery, registered post or electronic communication must be attempted and portal upload is supplementary. Authorities and taxpayers must ensure notices appear in the designated portal section and that contact details and practitioner authorisations enable actual receipt to preserve the taxpayer's right to an adequate opportunity to respond. (AI Summary)

Cross-empowerment in GST: lack of notifications limits authority to adjudicate across central and state assignments.
The absence of comprehensive notifications under Section 6(1) to implement cross-empowerment means officers may initiate intelligence-based enforcement across assignments, but adjudication, recurring show cause notices and other consequential proceedings remain subject to jurisdictional limits tied to administrative assignment; only refund processing has been specifically notified for cross-empowerment, creating legal uncertainty about joint investigations and authority to continue proceedings by the investigating agency. (AI Summary)

Right to carry on business protects against arbitrary GST registration cancellation, mandating reasoned orders and fair hearings.
Arbitrary cancellation of GST registration engages the constitutional protection of the right to carry on any occupation, trade or business and therefore requires tax authorities to act with proportionality, provide clear recorded reasons, and observe principles of natural justice. Courts have set aside cancellations imposed as disproportionate penalties, lacking specific findings, or issued without meaningful notice and hearing, emphasizing that cancellation is an extreme regulatory measure that must be justified and subject to judicial scrutiny. (AI Summary)

Order against deceased taxable person treated as nullity; revenue may pursue legal representatives under Section 93 after fresh notice.
An order issued in the name of a deceased taxable person is a nullity; tax liability must be determined by initiating fresh proceedings against the deceased's legal representatives or estate under the CGST framework, by issuing a valid show cause notice and providing an opportunity of hearing in accordance with principles of natural justice, and prior attachments or orders in the name of the deceased lack legal validity. (AI Summary)

Mandatory video conferencing for personal hearings: denying a requested VC breaches natural justice and compels reassessment.
The Standard Operating Procedure for faceless assessments mandates that when an assessee requests a personal hearing via the e-filing portal the Assessment Unit must accord a video conference hearing within two to three days; the SOP also requires centralized communication, speed-post of physical letters and specific show-cause drafting and timeline safeguards. Issuing an assessment after a portal request for VC without granting the requested hearing or ensuring effective alternative communication constitutes procedural non-compliance with the SOP and implicates breach of natural justice, necessitating reconsideration by the faceless assessment authority. (AI Summary)

Input Tax Credit entitlement: ITC reversed for township electricity; Duty Credit Scrip exclusion applies only from the amendment date.
The court treated electricity supplied to an employee township as a welfare activity incidental to business, not part of manufacturing, and held that ITC on coal attributable to township consumption must be reversed under Rule 42. The court also held that the amendment excluding Duty Credit Scrips from the exempt supply base is substantive and prospective, so its benefit applies only from the amendment's operative date and not to prior periods. (AI Summary)

Unit specific Budgetary Support Scheme preserves location based benefits despite ownership changes, subject to GST registration requirements.
The BSS entitlement is unit specific, tied to the manufacturing premises and continuity of activity at the same geographic location rather than to corporate ownership; legal persons that change identity must obtain fresh GST registration and cannot automatically assume a predecessor unit's budgetary support entitlement unless statutory registration and application conditions are met. (AI Summary)

E-way bill validity determines whether movement must stop and documentation be corrected to avoid detention and penalties.
Expired e way bills require stopping movement and corrective documentation tailored to whether goods are at origin or already in transit. If goods have not moved, cancel within the portal window and re generate an e way bill, or issue a fresh invoice or delivery challan and then generate a new e way bill; retain proof of non movement. If goods are in transit, attempt extension via the transporter's login; if extension is unavailable, stop, prepare a delivery challan from the current location, generate a new e way bill, and preserve the expired bill, challan, new bill and transit evidence. (AI Summary)

Service of notice by portal may not suffice; officers must use alternative statutory modes and afford a hearing.
Section 169 prescribes multiple modes for serving show cause notices, including portal upload, post, courier, e-mail, publication and affixation; upload alone may be insufficient if it produces no response. Where portal notices go unanswered, the issuing officer must explore and attempt other prescribed modes-preferably speed post-and afford the taxpayer a real opportunity to reply with supporting documents and a personal hearing to satisfy the principle of natural justice. (AI Summary)

Reasoned orders ensure fair, transparent GST adjudication and enable effective challenge and review.
The requirement of passing reasoned orders is a constitutional and procedural imperative in GST adjudication: orders affecting taxpayer rights must explain relevant facts, legal reasoning and conclusions to enable understanding, challenge and review. Reasoned orders prevent mechanical or extraneous discretion, ensure decisions rest on relevant evidence and law, create auditable records for review, and are necessary across assessments, registration cancellations, detention and penalty decisions within the GST framework. (AI Summary)

Tax treatment of M&A: NCLT-approved mergers enable capital gains exemptions and carry forward of losses, improving tax efficiency.
Tax structuring of M&A in India requires choosing among share purchase, slump sale, NCLT approved merger, share swap and asset purchase based on distinct tax rules and regulatory consequences. NCLT sanctioned amalgamations provide statutory mechanisms for capital gains exemptions and preservation of tax attributes such as carry forward of losses, enabling tax neutral transfers of licences and assets. By contrast, slump sales attract special net worth capital gains treatment and possible higher tax burdens, while asset purchases and share acquisitions have asset wise or share wise capital gains and differing indirect tax and regulatory implications. (AI Summary)

Cross-examination rights may be denied where adjudication rests solely on documentary evidence, preserving appeal remedies.
The Gujarat High Court found that departmental officers who issued summonses or an arrest memo need not be cross-examined where adjudication is based solely on documentary material made available to the assessee; the co-noticee's cross-examination opportunity was not availed; reliance on precedent supports denying oral testing when no testimonial evidence underpins the decision; and the assessee may pursue statutory and appellate remedies under the GST framework to challenge documentary conclusions. (AI Summary)

Reversal of Input Tax Credit required if supplier fails to file GSTR-3B; re-availment allowed after supplier files.
Rule 37A requires recipients to reverse Input Tax Credit if the supplier has not filed the related GSTR-3B by 30th September following the financial year; reversal must be reflected in the recipient's GSTR-3B filed on or before 30th November, and failure to reverse makes the ITC amount payable with interest. If the supplier later files the pending GSTR-3B, the recipient may re-avail the reversed ITC in any future GSTR-3B return. (AI Summary)

GSTR-1A correction mechanism restores pre-filing amendments to reconcile GSTR-1 with GSTR-3B and strengthen GST reporting.
Form GSTR-1 requires registered taxpayers (except composition scheme registrants) to report invoice-wise and consolidated outward-supply details, including invoices, debit/credit notes, exports, and B2B/B2C distinctions, with prescribed monthly or quarterly filing frequencies; recent amendments lower the invoice-value reporting threshold for specified interstate B2C supplies, altering GSTR-1 tables. Form GSTR-1A is reintroduced as an optional correction mechanism to add or amend GSTR-1 entries before filing the corresponding GSTR-3B, aiming to reconcile discrepancies and enhance transparency, supported by GST Council recommendations, CBIC notification, and GST portal implementations. (AI Summary)

Personal jewellery protection affirmed-confiscation must not rest solely on purity; warehousing charges for Customs detention barred.
Protection of personal jewellery under the Baggage Rules, 2016 limits arbitrary confiscation: purity, weight or value alone do not render used personal ornaments smuggled, and procedural safeguards like show cause notices and personal hearings are required. Parliamentary amendments and CBIC directions remove Customs' authority to levy warehousing charges or demurrage for periods attributable to Customs detention; any storage costs for Customs attributable detention are barred, while independent custodians may charge only for periods not covered by Customs detention immunity. (AI Summary)

Export of services: contractual recipient abroad and convertible foreign exchange receipt determine non taxability under export rules.
Export character depends on contractual privity with a foreign recipient and receipt of payment in convertible foreign exchange; preparatory or incidental use in India does not negate export status. For services classified as provided to recipients abroad, the recipient's location and foreign exchange payment are the determinative tests rather than place of performance. Intermediary status is factual and principal to principal supplies remain exportable; inputs and input services used for such exports qualify for credit under the relevant rules. (AI Summary)

Prescribed forms under GSTAT Procedure Rules define document categories and registry responsibilities for tribunal and parties.
The Rules prescribe two categories of forms under the GSTAT (Procedure) Rules, 2025: forms for parties and for Tribunal benches and registry staff, listing specific forms, their procedural functions, and the responsible actors. Registry duties include maintaining registers and diaries for appeals, interlocutory matters and provisional appeals, preparing cause lists and indexes, issuing summons and certificates, and handling inspection, affidavits and depositions to ensure standardized case management and appeal tracking. (AI Summary)

Procedural fairness in GST assessments: fresh adjudication required with opportunity to be heard and time bound disposal.
The authority must re examine GST assessment and recovery notices where statutory notice requirements and procedural safeguards are disputed: prior scrutiny and show cause notices were alleged not to have been issued, and applicability of GST to unbilled revenue was contested. The impugned assessment and recovery notices were set aside and the matter remitted for fresh consideration on both factual and legal issues, with an opportunity for the taxpayer to file replies and supporting documents and with a direction for expeditious completion. (AI Summary)