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    <title>2026 (5) TMI 500 - BOMBAY HIGH COURT</title>
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    <description>Corporate guarantees executed without any fee, commission or other consideration were treated as outside the scope of taxable supply under the CGST regime, because a taxable service requires both a supply and consideration. The Court also upheld the validity of Rule 28(2) of the CGST Rules, 2017 and the connected circulars, holding that fiscal delegated legislation carries a strong presumption of constitutionality and will not be struck down absent clear constitutional or statutory transgression. As the foundational premise of taxability failed on the facts, the show cause notice and summons issued against the petitioner were quashed.</description>
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    <pubDate>Wed, 06 May 2026 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=791298</link>
      <description>Corporate guarantees executed without any fee, commission or other consideration were treated as outside the scope of taxable supply under the CGST regime, because a taxable service requires both a supply and consideration. The Court also upheld the validity of Rule 28(2) of the CGST Rules, 2017 and the connected circulars, holding that fiscal delegated legislation carries a strong presumption of constitutionality and will not be struck down absent clear constitutional or statutory transgression. As the foundational premise of taxability failed on the facts, the show cause notice and summons issued against the petitioner were quashed.</description>
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