Delhi High Court sets aside GST order for denial of hearing; directs fresh adjudication. Validity of GST time extension notifications left to Supreme Court.
Madras HC set aside rejection of refund under Section 54(3) of the CGST Act for a cotton yarn manufacturer, holding that CBIC Circular No.135/05/2020-GST cannot override statutory provisions. The court relied on rulings of other High Courts that had struck down the circular as ultra vires.
Karnataka HC ruled that refund of unutilised Input Tax Credit under Section 54(3)(ii) of CGST Act is permissible even if input and output goods are identical, holding that restriction in earlier circulars was deleted and revised circular applies retrospectively.
Tamil Nadu GST AAAR upholds AAR ruling that TR-6 challans, even with Customs letters or SVB orders, do not qualify as eligible documents for Input Tax Credit on import IGST. Only re-assessed Bills of Entry allow ITC, subject to Section 16(4) time limits.
Tamil Nadu AAR permitted withdrawal of an advance ruling application after 56th GST Council meeting rationalised tax rates, rendering applicant’s query on effluent removal charges unnecessary.
Tamil Nadu AAR rules on GST liability for K L N Sourashtra College providing hostel and food services to another higher education institution under a B2B contract, concluding the supplies are taxable at 18%.
AAR rejected applicant’s plea on classification and exemption for bio-mining services, citing Section 98(2) which bars admission when proceedings on same issue are already underway.
Tamil Nadu AAR ruled that refined rice bran oil, even if marketed as ‘lamp oil,’ retains its classification under HSN 1515 90 40 and attracts the applicable GST rate, as classification depends on essential character.
Tamil Nadu AAR ruled that ONGC’s Minimum Guaranteed Off-take (MGO) charges, levied on GAIL for short-lifting gas, are liquidated damages for breach, not liable to GST.
CAAR Delhi held that Nuclease-Free Water, being of similar purity as distilled water, is classifiable under CTH 28539010. It rejected earlier classification as certified reference material under 3822, terming it a bona fide error.
