Section 128A's waiver framework covers self-assessed tax where determination proceedings are initiated under Section 73. Direct recovery provisions for unpaid self-assessed tax do not exclude such demands, and an administrative circular cannot narrow the statutory waiver where the provision contains no express exclusion. Rule 164 imposes mandatory deadlines for filing applications and making required payments; deemed approval applies only to timely, substantively eligible applications not disposed of within the prescribed period. Waiver approvals in Form GST SPL-05 or SPL-06 become void only upon the specified failures to make additional payments, and cannot be separately invalidated on other grounds.

Duplicate assessment orders based on the same GSTR-3B and GSTR-1 return mismatch for the same assessment period cannot stand. Where the amounts assessed under both orders tally, the absence of a separate SGST and CGST bifurcation in the later order does not alter its duplicative nature. The later assessment order was therefore quashed, preventing duplicate assessment for the same return discrepancy.

Jurisdiction over a GST waiver application under Section 128A(1)(b) should follow the proper officer for recovery under Section 79. Where tax was paid before the notified date, the application was timely, and a combined Section 73 order covered operations in Tamil Nadu and Maharashtra, neither Section 79 nor Chapter XVIII provided a basis to split jurisdiction for the Maharashtra component. Explanation (b) to Rule 164, the requirement of a single waiver application, and the use of "the proper officer" supported consideration by the officer who issued the combined order. Rejection solely for lack of jurisdiction was therefore unsustainable and required fresh consideration after hearing the assessee.

GST registration cancellation and rejection of revocation were unsustainable because rental agreements, GPS-map photographs and electricity-payment receipts bearing the taxpayer's trading name supported business operations at the registered principal place of business. The evidence related to relevant periods and showed substantial electricity usage, but the impugned orders relied only on an intelligence-wing report without addressing that material. The cancellation and revocation-rejection orders were set aside, with liberty to commence fresh proceedings in accordance with law.

Inherent criminal jurisdiction cannot be invoked to restrain alleged harassment by tax officials during inspection or seizure proceedings merely because the governing tax law requires criminal-procedure safeguards. Such proceedings do not thereby fall within inherent criminal jurisdiction. An aggrieved person may challenge a specific unlawful action before the competent forum, approach superior tax authorities, file a criminal complaint where an offence is disclosed, or seek constitutional remedies. Restraint against tax officials through inherent criminal jurisdiction is therefore unavailable; relief must be pursued through the appropriate legal remedy.

Fresh proceedings under Section 74 remained permissible within two years of communication of the earlier writ order because the final direction expressly allowed renewed action where fraud, wilful misstatement, or suppression to evade tax existed. Section 75(3) preserved the consequential period, preventing a construction that would defeat that direction. However, the notice was unsustainable because the issuing adjudicating authority made unnecessary allegations that the assessee had misled the High Court, revealing prejudgment rather than neutral application of mind. Any fresh Section 74 action must be initiated by a different officer, based on jurisdictional facts, with the prescribed opportunity to respond and access relevant documents.

GST registration cancellation appeals should be examined on merits where delay results from genuine inability to comply with online GST requirements and lack of notice of cancellation proceedings. The proprietor's technical limitations, reliance on an accountant or local advocate, the representative's failure to file returns or communicate proceedings, and unawareness of the show-cause notice and original order were treated as genuine circumstances. The time-bar dismissal was set aside, with merits consideration directed subject to payment of admissible late fee, penalty and statutory deposits.

Writ jurisdiction against GST registration cancellation should not ordinarily be exercised where allegations of wrongful input tax credit and breach of registration conditions require factual examination. In the absence of an inherent jurisdictional defect in the show-cause proceedings, revocation of cancellation and statutory appeal remain the appropriate remedies for factual adjudication. Interference under Article 226 was declined, while permitting pursuit of revocation and requiring expeditious, reasoned consideration of a timely application.

Errors or omissions in framing or signing criminal charges invalidate a trial only where the accused was misled and a failure of justice resulted. Substantial compliance exists where charges were recorded and acted upon, the accused had notice of the allegations and their roles, and they effectively defended themselves through cross-examination. An unsigned charge is a curable procedural irregularity under Sections 215 and 464 Cr.P.C. absent demonstrated prejudice. A de novo trial remains an exceptional remedy, limited to serious illegality, jurisdictional defect, denial of material evidence, or real failure of justice. Where proceedings substantially progressed and evidence was recorded, a fresh trial is unwarranted for a curable charge defect; prior evidence remains available for completion of the trial.

Due issuance and service of a tax determination require proper execution, dispatch and service on the taxpayer; portal upload before the signing date, coupled with absent service records, rendered the determination invalid. Turnover from works executed in Punjab also required factual verification, including the alleged payment of Punjab VAT, before it could be included in the demand. Telangana's territorial jurisdiction to tax those transactions required determination. Without verification of the out-of-state turnover and examination of territorial jurisdiction, the demand could not be sustained; fresh proceedings could be undertaken in accordance with law.

Penalty under Section 54(1)(14) for non-accompaniment of Form 38 could not be sustained where imported sugar was exempt from VAT and no VAT liability arose on assessment. Entry tax levied under a separate regime did not establish VAT liability. Although classification or tax-rate concerns could justify transit seizure, imposition of a VAT penalty required a legal basis linked to VAT payable on the goods. Disclosure of the goods at import and their exempt status meant that Form 38 was not required, rendering the VAT penalty legally unsustainable.

Differential Cenvat credit reversal on coal removed as such was unsustainable because purchase orders, sale invoices and ER-1 returns identified the cleared coal as imported South African-origin coal and supported reversal at the applicable rate. Treating all such clearances as domestically procured coal requiring a higher reversal lacked corroborative evidence. The extended limitation period was also unavailable because clearance and reversal details had been disclosed in ER-1 and ER-6 returns and furnished to departmental authorities; no material established suppression. Consequently, recovery of differential credit, interest and penalty could not survive, with consequential relief available in accordance with law.

Interest on refund of a pre-deposit made under Section 35F of the Central Excise Act is payable at 6% per annum from the date of payment until refund. Section 35FF, read with Notification No. 24/2014-C.E. (N.T.), prescribes that rate and does not permit interest at 12% per annum. Accordingly, a claim for interest at the higher rate is not sustainable, and refund interest remains limited to the notified statutory rate.

Concessional treatment for Nitrous Oxide I.P. under Sl. No. 17 of Notification No. 2/2011-CE depends on the product's character as a pharmacopoeial-grade medical anaesthetic, not on the purchaser's identity or subsequent use. The entry covers anaesthetics under the specified chapters without an express end-use, purchaser-specific, or certification condition; no such limitation can be implied into the product-specific exemption. Alleged non-medical diversion to traders lacked evidentiary support, and declarations of medical sales remained unrebutted. Accordingly, clearances to traders qualify for the concessional rate, and consequential duty, interest and penalty demands fail.

Photography contracts involving separately identifiable transfers of positive films, consumables and other goods comprise segregable goods and service elements. Where invoices separately record the sale of goods, VAT is paid on that portion, and service tax is paid on printing services, the goods value is excluded from the taxable value of photography services, including under Notification No. 12/2003-ST. Service-tax demand on the goods component is therefore unsustainable. The extended limitation period is also unavailable where the registered assessee filed ST-3 returns, disclosed the bifurcation, paid applicable VAT and service tax, and provided audit records, with no evidence of suppression or intent to evade tax.

Adjournments in Tribunal appeals may be granted only on sufficient cause, with no more than three adjournments to a party during hearing. Rule 20 of the CESTAT Procedure Rules permits the Tribunal, where an appellant does not appear, either to dismiss the appeal for default or hear and decide it on merits; a dismissal for default may be set aside on proof of sufficient cause for non-appearance. Repeated mechanical adjournments and dilatory conduct undermine timely justice, litigant confidence, and the rule of law. Counsel must attend proceedings diligently after accepting a brief.

Statutory appellate remedy before CESTAT remained available after withdrawal of the writ petition. The petitioner received liberty to pursue that appeal with an application for condonation of delay. Limited protection from coercive action applied subject to the stated conditions.

Classification and taxability of services are treated as questions directly and proximately related to the rate of duty. Section 35G(1) excludes High Court jurisdiction over Tribunal orders determining such matters, while Section 35L(2) declaratorily includes taxability and excisability within questions relating to the rate of duty. Where proposed questions concern classification and taxability of secondment arrangements, the appeal lies before the Supreme Court under Section 35L rather than before the High Court under Section 35G(1).

Service tax collected on the supply and operation of floating rigs under Mining Service, before Supply of Tangible Goods Service became taxable, lacked legal authority where the activity was incorrectly classified. A recipient that bore the tax incidence may seek refund even if the service provider did not separately challenge the assessment. Tax paid through a mistake of law is not subject to the ordinary one-year refund limitation where no lawful levy applied, consistent with Article 265. Refund is not barred by unjust enrichment when evidence establishes that the recipient bore the burden and did not pass it on further. Appellate authorities and the Tribunal may rectify the classification error and grant refund on established facts.

Default bail is not triggered merely because a supplementary complaint filed within the prescribed period is returned for procedural compliance. A precedent concerning incomplete charge-sheets filed to defeat default-bail rights remains distinguishable where the complaint was timely filed. Regular bail in a money-laundering offence requires satisfaction of the statutory twin conditions: reasonable grounds to believe that the accused is not guilty and unlikely to commit an offence while on bail. Prima facie involvement with proceeds of crime, alleged interference with investigation, and dealings concerning attached properties may prevent satisfaction of those conditions.