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GST circular clarification governs pending excess input tax credit determinations where the statutory appeal period remains open.
GST Circular No. 183/15/2022-GST clarifies the determination of alleged excess input tax credit for FY 2017-18. Paragraph 6 applies its instructions to ongoing matters, including proceedings in which adjudication or appeal remains pending. The three-month appeal period under the Tamil Nadu GST Act had not expired, so the clarification remained applicable notwithstanding the availability of an alternative appellate remedy. Fresh determination of the alleged excess input tax credit liability must therefore apply the Circular clarification.
Circular No. PUBLIC NOTICE No. 25/2025 Dated:- 14-10-2025 Trade Notice Dated:- 14-10-2025 Trade Noti...
Single Unified Multi-Purpose Electronic Bonds permit importers and exporters to use one All-India electronic customs bond for selected obligations instead of separate transaction-specific bonds at different ports. Applications are created through ICEGATE, scrutinised by jurisdictional customs officers, and electronically stamped and signed through NeSL using Aadhaar-based authentication. e-Bank Guarantees issued by integrated banks may be validated and linked online to electronic or physical bonds. Manual bonds and guarantees for specified scenarios cease to be accepted from 31 October 2025, subject to exceptional prior approval; existing manual bonds continue until expiry.
Circular No. 216/10/2024-GST Dated:- 14-10-2025 Jharkhand SGST Dated:- 14-10-2025 Jharkhand SGST
Warranty replacement treatment extends to replacement of defective goods as well as parts. Where a distributor replaces goods or parts from its own stock under warranty on behalf of the manufacturer and receives replenishment through a delivery challan without separate consideration, no GST is payable on replenishment and the manufacturer need not reverse input tax credit. Extended warranty is part of a composite supply only when supplied with goods by the same supplier; warranties supplied by another person or after the original supply are separate taxable supplies of services.
Circular No. 238/32/2024-GST Dated:- 22-12-2025 Jharkhand SGST Dated:- 22-12-2025 Jharkhand SGST
Section 128A permits waiver of interest, penalty, or both for eligible section 73 demands for financial years 2017-18 to 2019-20, conditional on full payment of tax and filing the prescribed waiver application. FORM GST SPL-01 applies to unadjudicated notices or statements, and FORM GST SPL-02 applies to demand, appellate, revisional, and eligible redetermination orders. Pending appeals, writ petitions, or special leave petitions concerning the demand must be withdrawn. Full tax payment is required even where a demand includes non-covered periods or erroneous refunds, although waiver remains limited to eligible periods and issues. Eligible credit no longer payable under section 16(5) or section 16(6) may be deducted where it was denied solely under section 16(4).
Unabated Section 153A assessments require incriminating search material; additions based solely on regular records and profit estimates cannot stand.
Completed assessments that remain unabated under section 153A cannot support additions unless incriminating material is found during the search. Additions founded only on regular books, land-sale information, and estimated profit suppression, without reference to seized incriminating material, lack the required search nexus. Deletion of those additions was therefore justified in favour of the assessee.
Circular No. 228/22/2024-GST Dated:- 22-12-2025 Jharkhand SGST Dated:- 22-12-2025 Jharkhand SGST
GST exemptions apply to specified railway passenger-facing and inter-zonal services, qualifying railway special purpose vehicle infrastructure arrangements, statutory collections by the Real Estate Regulatory Authority, and qualifying long-term accommodation services. Incentives distributed within the prescribed digital-payment ecosystem are treated as non-taxable subsidies. Past GST liability is regularised on an as is where is basis for specified railway supplies, reinsurance of exempt insurance schemes, reinsurance of government-premium insurance schemes, and qualifying accommodation services. Reinsurance includes retrocession for the relevant exemption.
FEMA & RBI
Dated:- 23-10-2026
The five-year collaboration strengthens the Post Graduate Insolvency Programme through industry-oriented teaching, faculty support, joint research, data sharing subject to legal and confidentiality requirements, and opportunities for internships, placements and industry engagement. Asset Reconstruction Companies may participate as resolution applicants under the Insolvency and Bankruptcy Code, subject to prescribed regulatory conditions, contributing expertise in asset valuation, debt restructuring and stressed-asset management to insolvency resolution.
News and Press Release
Dated:- 23-10-2026
Competition Commission of India approval covers the proposed combination under which Integrace Private Limited will acquire share capital of Universal Nutriscience Private Limited from its existing shareholders, together with a related transaction. Integrace is a domestic formulations company focused on orthopaedics and gynaecology, while Universal Nutriscience operates in nutraceutical and lifestyle products and plans new products and novel drug-delivery systems.
News and Press Release
Dated:- 23-10-2026
The approved combination involves Maybach Asia Holdings II Pte. Ltd. acquiring 100% of the equity share capital of Sahrudaya Health Care Private Limited. The acquirer is a special purpose vehicle formed exclusively for the transaction and is indirectly owned by investment funds, vehicles and accounts managed through subsidiaries of KKR & Co. Inc. The target operates a multi-specialty hospital network across south and west India.
By: - DR.MARIAPPAN GOVINDARAJAN
Under the Insolvency and Bankruptcy Code, an appeal from the National Company Law Appellate Tribunal to the Supreme Court lies only on a question of law and must be filed within 45 days, with no more than 15 additional days on sufficient cause. The Code's special limitation regime overrides inconsistent mechanisms under the Companies Act and cannot be enlarged by Supreme Court Rules. A party cannot postpone limitation by delaying a certified-copy application; pre-application time counts, while time requisite for the registry to supply the copy is excluded, after which the remaining statutory time resumes.
By: - Bimal jain
Section 74 requires evidence that wrongful input tax credit availment resulted from fraud, wilful misstatement, or suppression of facts with intent to evade tax. Mere self-assessed availment of ineligible credit, an audit-related mismatch, or failure to reply to an audit enquiry or final audit report does not alone establish suppression. The Department must identify and prove the deliberate conduct relied upon. A show-cause notice confines the grounds of demand, and appellate or review proceedings cannot sustain a demand on a new ground absent from that notice.
Article By: - Jayaprakash Gopinathan Dated:- 23-10-2026
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Inter-Commissionerate transfer may affect an officer's seniority and consequential promotional prospects, without diminishing the value of actual service, acquired expertise, or professional integrity. The designation actually held remains a truthful professional description and should not be treated as the sole measure of professional worth. Central Excise service can provide practical legal training in statutory provisions, procedures, notices, and adjudication, informing subsequent advocacy.
By: - Raj Jaggi
GST appellate pre-deposit under Section 107(6) requires full payment of admitted tax, interest, fine, fee and penalty, while the prescribed percentage applies only to remaining disputed tax. The Karnataka High Court interpretation discussed treats the omission of interest, penalty, fine and fee from clause (b) as deliberate. Appellate authorities therefore cannot calculate the percentage-based deposit on the entire disputed demand or add financial conditions beyond the statutory language.
By: - Jayaprakash Gopinathan
Judicial discipline requires subordinate tax authorities to apply binding appellate orders in later matters involving materially identical facts, unless there is a relevant distinction, change in law, or operative stay. Repeating a demand already rejected by a higher forum causes avoidable litigation and expense. A reasoned decision dropping an unsustainable demand may properly protect Revenue interests, since demand value alone does not establish correctness. Officers should record the applicable precedent, factual correspondence, and any stay or legal change, while vigilance scrutiny must distinguish dishonest conduct from an honest legal error.
By: - Raj Jaggi
GST adjudication requires actual consideration of an electronically filed reply before tax liability is determined. Treating a DRC-06 response as absent and confirming a demand ex parte denies a meaningful opportunity to be heard. Fresh adjudication must assess the reply, supporting records and material departmental evidence, afford a personal hearing, and give reasons addressing submissions capable of affecting liability. Allegations of inadmissible input tax credit do not displace these safeguards, and a procedural defect does not itself establish credit eligibility or negate alleged contraventions.
Severability of arbitral awards permits removal of unclaimed interest while preserving bonus and conditional GST reimbursement.
Arbitral interest granted on an unclaimed claim exceeded the scope of the reference and was set aside as a severable award component, without disturbing the remaining award. Early-completion bonus remained payable because the contractual extension for force majeure-related delay adjusted the justified completion date but did not bar bonus; the tribunal's plausible contractual interpretation attracted no Section 34 interference absent patent illegality, public-policy breach, lack of evidence, or inadequate reasons. Reimbursement of GST actually payable or paid on awarded sums also remained operative, with taxability depending on whether each component represented consideration for work or compensation for breach, delay, loss, or damages.
Revenue-prejudice requirement limits revision of appellate remand orders; without a recorded adverse revenue impact, revision cannot stand.
Revisional jurisdiction under Section 32(1) of the Andhra Pradesh Value Added Tax Act, 2005 requires a recorded finding that the appellate order is prejudicial to the interests of revenue. An appellate remand for fresh adjudication under the applicable legal position does not, without an identified revenue prejudice, justify revision. A revisional order setting aside such remand without recording that prejudice is unsustainable.
First-point taxation keeps petroleum sales within the cess base despite exclusion from the ordinary multi-stage VAT regime.
Schedule II(d) petroleum products are excluded from the ordinary multi-stage VAT mechanism, not from the Tripura Value Added Tax Act, 2004. The proviso to section 3(1)(b) subjects specified goods, including petrol and diesel, to notified first-point tax without input tax credit. Petroleum-product sales turnover, including the sales price and tax levied under the VAT Act, remains within the base for road development cess. The cess regime allows deductions for turnover previously subjected to cess and prohibits a more-than-one-stage levy.
Section 74 Notices Require Fraud Allegations and Foundational Facts; Bare Tax Mismatches Cannot Sustain Extended Recovery Proceedings
Invocation of the extended recovery mechanism for tax short-payment requires a notice to allege fraud, wilful misrepresentation or suppression and disclose foundational facts supporting the assessing authority's satisfaction. Mere tax mismatch or short-payment is insufficient, and mechanical recitation-or complete omission-of those grounds cannot support recourse to that mechanism. A notice lacking those allegations and factual basis is legally invalid, leaving the resulting proceedings without jurisdiction.
MRP-Based Excise Valuation lacked legal support after GST, requiring transaction-value assessment and adjustment of duties.
MRP-based assessment of basic excise duty and National Calamity Contingent Duty under Section 4A lacked legal support from 1 July 2017 to 1 February 2022 because the relevant notification continued to refer to the repealed Central Excise Tariff Act, 1985, without a corresponding post-GST amendment or established continuing operation. Valuation of the excisable goods consequently remained governed by Section 4. Duties and applicable interest are payable on Section 4 valuation, with amounts already paid subject to adjustment. The Section 11AC(1)(a) penalty was set aside.