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2026 (9) TMI 1261
Case Laws Income Tax
Continuing necessity for search records and witness recall preserved procedural orders in the criminal prosecution.
Production of income-tax search records under Section 91 CrPC requires a continuing showing that the documents are necessary or desirable at the relevant stage; prior judicial scrutiny of the authorisation and search does not create a general right to repeated disclosure of confidential foundational material. Further production was therefore declined. Recall of a witness under Section 311 CrPC likewise requires that additional examination be essential to a just decision. Where the proposed confrontation depended solely on an unavailable document and the witness had already been substantially cross-examined on the search and recovery, recall was not essential. The procedural orders remained undisturbed, without determining the criminal charges.

2026 (9) TMI 1262
Case Laws Income Tax
Statutory finality of settlement orders bars reassessment of settled deductions, leaving fraud or misrepresentation to the prescribed settlement mechanism.
Final settlement orders under the income-tax settlement scheme attain statutory finality for matters they cover, including deductions reflected in total income. Once a settlement application proceeds, exclusive jurisdiction over the relevant return and assessment year lies with the Settlement Commission. The Assessing Officer cannot reopen such settled matters through reassessment provisions. Allegations of fraud or misrepresentation must be pursued through the settlement scheme's prescribed mechanism rather than reassessment; rejection of that remedy leaves the final settlement order effective. Revenue authorities may participate in settlement proceedings and place relevant material before the Settlement Commission.

2026 (9) TMI 1263
Case Laws GST
Works-contract classification for water pipelines treats installation and network revamping as taxable civil engineering and repair services.
Works-contract services for installing a new main water pipeline and revamping a distribution network involve goods incorporated into immovable property and are treated as supplies of services. New pipeline installation falls under SAC 995422 as civil engineering waterworks, while network revamping falls under SAC 995429 as repair and maintenance, rather than SAC 995479. Exemption for pure or composite supplies is unavailable where the goods component exceeds the permitted limit. Although the recipient is a Governmental Authority, civil engineering and repair work merely connected with water infrastructure is not supplied "by way of" water supply. The services are taxable under the applicable works-contract entry at 9 per cent CGST and 9 per cent SGST.

2026 (9) TMI 1264
Case Laws GST
Related-party imported IT services attract reverse-charge IGST, while self-invoice value qualifies as open market value with full input tax credit.
Imported IT support services received by an Indian recipient from a related foreign entity constitute an import of services where the supplier is outside India, the recipient is in India, and the place of supply is India. IGST is payable by the recipient under reverse charge. For related-party imported services, the invoice-value deeming principle treats the value declared in the recipient's self-invoice as open market value where the recipient is eligible for full input tax credit. This valuation mechanism applies to reverse-charge imports of services.

2026 (9) TMI 1265
Case Laws GST
Electric vehicle classification retains concessional GST treatment despite battery-free supply, while inverted-duty input tax credit refunds remain outside advance rulings.
Electrically operated three-wheeled e-rickshaws, e-carts and hydraulic e-carts are classifiable under tariff heading 8703, while e-scooters fall under heading 8711. Where the vehicle's motor, inverter, control module, drivetrain and body are fitted, supplying it without a battery does not change its essential character as a vehicle propelled solely by electrical energy. The specified two- and three-wheeled vehicles therefore qualify for 5% GST. Refund entitlement for accumulated input tax credit arising from an inverted duty structure falls outside the categories permitted for advance rulings and is not admitted.

2026 (9) TMI 1266
Case Laws GST
Going-concern business transfers are treated as services, while GST exemption depends on establishing the business's continuing operational status.
Transfer of an entire proprietorship business to an LLP without consideration constitutes a supply under GST where the arrangement transfers assets, liabilities, employees, rights and customer relationships for uninterrupted continuation of the business. A transfer of the business as a whole, when made as a going concern, is classified as a supply of services rather than goods. Nil-rate exemption for transfer of a going concern depends on establishing that the business satisfies applicable going-concern standards. If that status is not established, stock and business assets transferred on cessation are deemed supplies of goods and attract GST at the rates applicable to those goods.

2026 (9) TMI 1267
Case Laws GST
Advance-ruling jurisdiction excludes questions about faculty supplies to an institute when the applicant does not undertake the supply.
Advance-ruling questions must relate to a supply of goods or services undertaken or proposed to be undertaken by the applicant under the CGST Act. Questions concerning an alleged supply by a faculty member to an institute, including the individual's GST registration and invoicing obligations, do not concern a supply made or proposed by the applicant. Such questions therefore fall outside the statutory scope of an advance-ruling application by the institute and are not maintainable.

2026 (9) TMI 1268
Case Laws GST
GST reimbursement for works is payable separately when accepted tender rates expressly exclude taxes and payment is proven.
GST paid on balance works is separately reimbursable where the accepted Bill of Quantities expressly requires rates "without taxes," notwithstanding a PWD Manual clause contemplating tax-inclusive quoted rates. The tender terms governing the accepted bid prevent the quoted amount from being treated as inclusive of GST. As the Bill of Quantities referred to the sales-tax regime, while the liability arose under GST, and the original tender pre-dated GST for continuation of abandoned works, GST inclusion was not within the parties' contemplation. Reimbursement requires proof of GST payment through relevant GST returns.

2026 (9) TMI 1269
Case Laws GST
Revival of cancelled GST registration requires pending returns and cash payment before input tax credit may be used.
Cancelled GST registration may be restored under the applicable revival framework only upon filing all pending pre- and post-cancellation returns and paying tax, interest, penalty, fine and fees in cash. Input tax credit cannot be used for these payments and may be utilised only after departmental scrutiny and approval. Restoration remains subject to compliance with these conditions and consideration of the taxpayer's representation.

2026 (9) TMI 1270
Case Laws GST
GST transition reimbursement permits verified recovery of incremental works-contract tax paid by contractors from government recipients.
Government works contractors that paid the incremental GST liability arising when GST replaced VAT during an ongoing works contract may seek reimbursement from the State as recipient of the service. The reimbursement right covers only the differential tax attributable solely to the GST transition, rather than other contract liabilities. Where the contractor has discharged that incremental liability, mandamus may compel reimbursement, subject to verification of underlying records and calculations. The reimbursable amount is therefore confined to the verified differential GST liability.

2026 (9) TMI 1271
Case Laws GST
GST refund limitation: writ jurisdiction may condone delay caused by a later-discovered duplicate reversal of transitional credit.
GST refund claims are subject to a mandatory two-year limitation period, but writ jurisdiction may permit condonation where sufficient cause justifies departure from that period. A duplicate reversal of transitional credit, discovered only during a later review of records, may constitute sufficient cause for restoring a delayed refund application. Following restoration, the statutory authority must examine supporting documents and determine the claimant's substantive refund entitlement afresh.

2026 (9) TMI 1272
Case Laws GST
Composition levy threshold enhancement applied only from April 2019, leaving the 2018-19 tax period outside its scope.
The enhanced turnover threshold for composition levy under the CGST Act applied from 1 April 2019 through the implementing notification. It did not extend to the 2018-19 tax period because the earlier notification did not make the increased threshold available for that period. Taxpayers for 2018-19 therefore remained subject to the pre-enhancement composition-levy threshold.

2026 (9) TMI 1273
Case Laws GST
Verification of pre-adjudication discrepancy proceedings required before determining whether subsequent tax demand proceedings can continue lawfully.
Verification of the asserted completion of the Rule 88C process was necessary before adjudicating liability under Section 73. The response containing relevant details required examination to determine whether Rule 88C had concluded in the petitioner's favour and, if so, whether that conclusion affected the sustainability of the Section 73 proceedings. The adjudication order was quashed and remanded for reconsideration.

2026 (9) TMI 1274
Case Laws GST
Parallel GST adjudication for the same tax period was quashed, preserving the earlier proceeding with hearing and evidence rights.
Parallel GST proceedings under Sections 73 and 74 for the same tax period cannot continue while an earlier proceeding remains unresolved, as this would create simultaneous adjudication. Later notices, adjudication orders and consequential recovery action were quashed. The earlier proceeding must be determined after allowing the taxpayer to submit documents supporting the exemption claim and granting a personal hearing. Its consideration cannot be denied on limitation where intervening parallel proceedings had been initiated.

2026 (9) TMI 1275
Case Laws GST
Regular bail for alleged input tax credit misuse considered absence of antecedents, custody period, and delayed trial.
Regular bail was granted in proceedings alleging wrongful availment and utilisation of input tax credit. Relevant considerations included the filing of the complaint, absence of criminal antecedents, continued custody, and the likelihood that trial would take time. The bail determination rested on custody status and personal circumstances in the pending GST-related offence.

2026 (9) TMI 1276
Case Laws GST
Interim protection against coercive tax recovery permits normal business while alleged supplier input tax credit liability is examined.
Interim protection permits the petitioner to continue normal business activities and restrains coercive recovery or pressure to discharge an allegedly defaulting supplier's input tax credit liability until the next listing. The issue concerns whether search proceedings may continue after expiry of the stated authorisation validity where the search began within that period. The authorities' position supporting continuation was recorded, while allegations that the petitioner was pressured to pay the supplier's purported tax liability were to be addressed after obtaining instructions.

2026 (9) TMI 1277
Case Laws GST
Binding appellate orders prevent refund authorities from reopening input tax credit disputes or withholding refunds without statutory safeguards.
Operative appellate orders setting aside tax demands remain binding unless modified, stayed, or set aside through the prescribed process. Refund authorities cannot revisit the underlying input tax credit dispute when processing a consequential refund. Refund withholding requires the specified statutory conditions, including pending proceedings, the Commissioner's requisite opinion, and a hearing; a proposed challenge alone is insufficient. Writ jurisdiction may remain available despite an alternative appeal where action disregards a binding appellate order, is arbitrary, or breaches mandatory safeguards.

2026 (9) TMI 1278
Case Laws GST
Statutory GST appellate remedy governs disputed notice-service and hearing objections; lack of remand power does not justify writ bypass.
Article 226 writ jurisdiction ordinarily should not displace the statutory GST appellate remedy where alleged non-service of a show-cause notice or denial of personal hearing requires verification of service records, receipt, and related facts. Such fact-dependent and curable procedural objections should be examined in the statutory appeal rather than through writ proceedings. Lack of remand power does not curtail the Appellate Authority's jurisdiction to conduct a fresh, independent appraisal of the record and determine objections on merits. Notice-service and hearing objections therefore remain for adjudication in the statutory appellate process.

2026 (9) TMI 1279
Case Laws GST
Personal hearing denial invalidates GST adjudication when no fresh hearing date follows a missed original hearing.
Personal hearing requirements under the Uttar Pradesh GST law require a fresh opportunity where no hearing occurs on the originally fixed date. Where no subsequent hearing date is intimated and an adjudication order is issued later without an adjournment sought by the assessee, the statutory requirement under section 75(4) and principles of natural justice are breached. Section 75(5) governs adjournments but does not dispense with a renewed hearing opportunity. Denial of a reasonable opportunity of personal hearing renders the adjudication invalid.

Binding GST appellate orders remain operative unless modified, stayed or set aside through statutory remedies; departmental review, an intended challenge, or a later appeal does not suspend them. Refund authorities must process a consequential refund arising from annulment of the underlying demand and cannot revisit adjudicated input tax credit entitlement during refund processing. Withholding pending proceedings requires compliance with statutory safeguards, including the prescribed opinion based on malfeasance or fraud and an opportunity of hearing; a proposed challenge to the appellate order is insufficient. Writ jurisdiction may be invoked despite an alternative appeal where refund rejection disregards a binding order and the appellate remedy is ineffective. The refund rejection was quashed and remanded for fresh consideration.

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