Negative Blocking of Electronic Credit Ledger Beyond Available ITC Held Impermissible Under Rule 86A: Punjab & Haryana High Court

The Punjab & Haryana High Court, in Mannat Steels v. Union of India, examined the legality of blocking Input Tax Credit (ITC) under Rule 86A of the CGST Rules when the taxpayer’s Electronic Credit Ledger (ECL) had little or no balance. The petitioner …

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ITC Cannot Be Denied Solely Due to Retrospective Cancellation of Supplier’s GST Registration: Calcutta High Court

The Calcutta High Court, in a significant ruling dated 4 November 2025 in [2025] 180 taxmann 415, held that retrospective cancellation of a supplier’s GST registration cannot, by itself, be a valid ground for denying input tax credit (ITC) to a bona fide purchaser. The Court …

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AAR Rejects Advance Ruling Application as Classification and Exemption Issues Were Already Under Departmental Examination

The advance ruling mechanism under GST is designed to provide taxpayers with clarity and predictability on critical issues such as classification, tax rates, and exemptions. However, this remedy is subject to strict limitations to prevent conflicting decisions and parallel adjudication. …

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Section 73 Proceedings Not Time-Barred Due to COVID-19 Limitation Exclusion; Matter Remanded for Fresh Consideration: Madras High Court

In a significant ruling on GST limitation issues, the Madras High Court held that proceedings initiated under Section 73 of the CGST Act cannot be treated as time-barred when the timeline stands extended by the Supreme Court’s COVID-19 limitation orders. The Court …

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Refund Claims Time-Barred Despite Non-Obstante Clause Under Section 142(5) CGST Act: CESTAT Rejects Mahindra Holidays’ Appeal

In a significant ruling, the Chennai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the non-obstante clause in Section 142(5) of the CGST Act, 2017 cannot override the limitation period prescribed under Section 11B of the Central Excise Act, …

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Education Consultancy Treated as Intermediary When Commission Is Linked to Student Enrolment: Kerala AAR

In a recent ruling, the Kerala Authority for Advance Ruling (AAR) has clarified that education consultancy firms earning commission based on student enrolments for foreign universities will be treated as “intermediaries” under GST law, and not as providers of independent export services. …

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HC Set-Aside Order Passed Under Section 73 as SCN Was Uploaded on GSTN Portal After Cancellation of Registration

In a significant ruling on the procedural validity of GST adjudication, the Allahabad High Court held that uploading a show cause notice (SCN) under Section 73 of the CGST Act, 2017 on the GSTN portal after cancellation of registration does not amount to valid service of notice. The …

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Time Limitation Not Applicable When Article 265 Is Invoked: Andhra Pradesh High Court Rules in Favour of GST Refund on Exempt Residential Rent

In a landmark ruling, the Andhra Pradesh High Court has reaffirmed the supremacy of Article 265 of the Constitution of India, declaring that the limitation period prescribed under the GST laws does not apply to refunds of amounts collected without authority of law. The Court, in Nspira …

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