Monthly Archives: May 2026

THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU REGISTRATION OF SOCIETIES REGULATION, 2026

By | May 16, 2026

THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU REGISTRATION OF SOCIETIES REGULATION, 2026 The Gazette of India CG-DL-E-15052026-272607 EXTRAORDINARY PART II — Section 1 PUBLISHED BY AUTHORITY No. 17] NEW DELHI, FRIDAY, MAY 15, 2026/VAISAKHA 25, 1948 (Saka) MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 15th May, 2026/Vaisakha 25, 1948 (Saka)… Read More »

GST DAILY DIGEST 15.05.2026

By | May 16, 2026

GST DAILY DIGEST 15.05.2026 Relevant Act Section(s) Case Law Title / Authority Brief Summary Citation / Notification No. CGST / APGST Act Sec. 160 / 169 Subbaiah Gas Agency vs. Assistant Commissioner of Central Tax An assessment order lacking the Assessing Officer’s signature is invalid. Mere service via uploading it on the GST portal does… Read More »

An Assessment Order Passed Against a Non-Filer Stands Deemed Withdrawn Upon Filing a Valid Return

By | May 16, 2026

An Assessment Order Passed Against a Non-Filer Stands Deemed Withdrawn Upon Filing a Valid Return Issue Whether a best-judgment assessment order passed under Section 62(1) against a non-filer of GST returns, along with its recovery and garnishee proceedings, stands automatically withdrawn by virtue of the deeming clause in Section 62(2) if the taxpayer subsequently files… Read More »

Category: GST

Advance Ruling Denied for Failure to Examine Whether Land Conversion Fee Constitutes a Supply.

By | May 16, 2026

Advance Ruling Denied for Failure to Examine Whether Land Conversion Fee Constitutes a Supply. Issue Whether the AAR and AAAR were justified in rejecting an advance ruling application by only deciding the exclusion under Section 7(2) of the CGST Act without first determining whether the payment of land conversion fees constitutes a “supply” under Section… Read More »

Category: GST

Adjudication Orders Passed Under Section 74 Without Granting a Mandatory Personal Hearing Are Legally Void

By | May 16, 2026

Adjudication Orders Passed Under Section 74 Without Granting a Mandatory Personal Hearing Are Legally Void Issue Whether the Revenue authorities can pass an adverse assessment order under Section 74 without providing a personal hearing, and whether the taxpayer’s failure to file a written reply waives the statutory requirement of a mandatory hearing. Facts The petitioner… Read More »

Category: GST

Section 79 Recovery Notices Do Not Require Separate Authorization or Fresh Adjudication Post Final Assessment

By | May 16, 2026

Section 79 Recovery Notices Do Not Require Separate Authorization or Fresh Adjudication Post Final Assessment Issue Whether a recovery notice issued to a bank under Section 79(1)(c) is legally valid if it was issued without a separate administrative authorization and without initiating fresh adjudication proceedings under Section 73 or 74, despite a prior assessment order… Read More »

Category: GST

Consolidated Show Cause Notice Clubbing Multiple Financial Years Under Section 74 Is Legally Impermissible

By | May 16, 2026

Consolidated Show Cause Notice Clubbing Multiple Financial Years Under Section 74 Is Legally Impermissible Issue Whether the Revenue authorities can issue a single, consolidated Show Cause Notice (SCN) clubbing multiple financial years or tax periods under Section 74, or if they are mandatorily required to issue separate, year-wise notices. Facts The petitioner challenged a consolidated… Read More »

Category: GST

Admitting Liability and Making Voluntary Payments Estops a Taxpayer From Challenging Fraud-Based Demand Orders in Writ Petitions

By | May 16, 2026

Admitting Liability and Making Voluntary Payments Estops a Taxpayer From Challenging Fraud-Based Demand Orders in Writ Petitions Issue Whether a taxpayer, who failed to reply to a Show Cause Notice alleging fraud/willful suppression, voluntarily deposited tax and partial interest/penalty, and admitted liability during the personal hearing, can subsequently challenge the invocation of Section 74 (fraud… Read More »

Category: GST

Interim Protection Granted and GST Recovery Stayed on Transfer of Leasehold Rights Awaiting Supreme Court Judgment.

By | May 16, 2026

Interim Protection Granted and GST Recovery Stayed on Transfer of Leasehold Rights Awaiting Supreme Court Judgment. Issue Whether the assignment or transfer of leasehold rights in land and buildings to third-party assignees constitutes a taxable supply under Section 7 of the CGST/MGST Act, and whether interim protection should be granted to taxpayers pending the final… Read More »

Category: GST

Concessional IGST Rate Denied for Goods Diverted to Third-Party Manufacturer Instead of Direct Port/Warehouse Export Delivery.

By | May 16, 2026

Concessional IGST Rate Denied for Goods Diverted to Third-Party Manufacturer Instead of Direct Port/Warehouse Export Delivery. Issue Whether the petitioner is entitled to the concessional IGST rate of 0.1% under Notification No. 41/2017-Integrated Tax (Rate) when the manufactured packaging goods were delivered to a third-party manufacturer for filling rather than being moved directly to a… Read More »

Category: GST