GST CASE LAWS 02.11.2026

By | November 3, 2026

GST CASE LAWS 02.11.2026   Case Law Summary SECTION CASE LAW TITLE BRIEF SUMMARY CITATION RELEVANT ACT Section 9 Ajit Kumar Minz v. Natasha Automobiles (P.) Ltd. Hyundai SUV models (Creta 1.6, Alcazar 2.0, Tucson 2.0) meeting engine, length, and ground clearance criteria were correctly subject to 22% Compensation Cess under Entry 52B. Click Here… Read More »

Show Cause Notice issued under omitted Rule 89(4B) without saving clause is void and non-est

By | November 3, 2026

Show Cause Notice issued under omitted Rule 89(4B) without saving clause is void and non-est Issue Whether a Show Cause Notice issued under Rule 89(4B) of the CGST Rules after its omission without a saving clause is legally valid and sustainable. Facts Issuance of SCN: The petitioner challenged a Show Cause Notice (SCN) dated 02.12.2025… Read More »

Portal-Only Service Post-Cancellation Without Alternative Delivery Violates Natural Justice, Remanding Ex-Parte Assessment

By | November 3, 2026

Portal-Only Service Post-Cancellation Without Alternative Delivery Violates Natural Justice, Remanding Ex-Parte Assessment Issue Whether uploading a Show Cause Notice (SCN) solely on the GST portal post-cancellation of registration, without resorting to alternative service modes like email or physical post, combined with the non-grant of a personal hearing, violates natural justice and invalidates an ex-parte assessment… Read More »

Deficient Show Cause Notice and Unsubstantiated ITC Recredit Demands Cannot Sustain Tax, Interest, and Penalty Under Section 73

By | November 3, 2026

Deficient Show Cause Notice and Unsubstantiated ITC Recredit Demands Cannot Sustain Tax, Interest, and Penalty Under Section 73 Issue Whether a show cause notice that fails to state material facts and legal grounds regarding an ITC recredit can sustain a demand for tax, interest, and penalty, and whether interest applies to misclassified intra-State supplies where… Read More »

Adjudication order quashed and ECL unblocked as ignoring portal reply and negative blocking violate law

By | November 3, 2026

Adjudication order quashed and ECL unblocked as ignoring portal reply and negative blocking violate law Issue Whether an ex-parte adjudication order passed without considering a reply uploaded on the GST portal violates natural justice, and whether negative blocking of the Electronic Credit Ledger (ECL) for alleged wrongful ITC availment is legally permissible under Rule 86A.… Read More »

Pre-amendment SUV Compensation Cess requires laden ground clearance measurement, invalidating differential cess demand on Hyundai variants.

By | November 3, 2026

Pre-amendment SUV Compensation Cess requires laden ground clearance measurement, invalidating differential cess demand on Hyundai variants. Issue Whether ground clearance for SUV classification under Entry 52B prior to 26.07.2023 must be measured on a laden or unladen basis, and whether statutory ARAI certificates override foreign/web portal data to negate differential Compensation Cess demands. Facts Assessee… Read More »

Outdoor playground equipment attracts 5% GST, gym equipment 18%, while bearings are classified separately under Heading 8482

By | November 3, 2026

Outdoor playground equipment attracts 5% GST, gym equipment 18%, while bearings are classified separately under Heading 8482 Issue Whether outdoor playground equipment, outdoor gym equipment, and their spare parts (including general-purpose bearings) fall under Heading 9506, and what are their respective HSN classifications and applicable GST rates under Notification No. 09/2025-Central Tax (Rate). Facts Applicant… Read More »

HDPE laminated woven Geomembrane pond liners are classifiable under Heading 5911 for technical textile uses, attracting 12% GST up to 21.09.2025 and 5% GST from 22.09.2025. **Issue** Whether HDPE laminated woven Geomembrane pond liners used for technical applications in agriculture and aquaculture are classifiable under Tariff Heading 5911 as textile products for technical uses, and what are the applicable GST rates for the periods up to 21.09.2025 and from 22.09.2025. **Facts** * **Product & Use:** The applicant manufactured HDPE laminated woven Geomembrane pond liners used for waterproof lining in agriculture and biofloc aquaculture ponds. * **Certifications:** The applicant held a Bureau of Indian Standards (BIS) licence under IS 15351:2015 specifically for agro-textile Geomembranes. * **Manufacturing Process:** * Extrusion of High-Density Polyethylene (HDPE) with carbon black into tapes/strips measuring under $5\text{ mm}$ in width. * Weaving of the HDPE strips into fabric. * Double-side lamination of the woven fabric using Low-Density Polyethylene (LDPE) or Linear Low-Density Polyethylene (LLDPE). * Cutting and sizing of the laminated fabric for specialized technical applications. * **Relief Sought:** The applicant sought an advance ruling on the correct tariff classification under Heading 5911 and the applicable GST rates for the period up to 21.09.2025 and with effect from 22.09.2025. **Decision** * **Classification Criteria:** * HDPE tapes/strips under $5\text{ mm}$ fall within Section XI as per Note 1(g) and are classified under Tariff Heading 5404 (sub-heading 5404 90 20) according to HSN Explanatory Notes. * Woven fabrics made from these strips fall under Tariff Heading 5407 20. * Coated, covered, or laminated fabrics used for technical purposes are covered by Chapter 59 Note 8(a)(1) [formerly Note 7], which includes plastics. * As the Geomembrane satisfies the criteria for textile products for technical uses, it is properly classifiable under Tariff Sub-heading 5911 10 00. * **Applicable Rate of Tax:** * **Up to 21.09.2025:** Covered under Entry 168 of Schedule II to Notification No. 01/2017-Central Tax (Rate), attracting 12% GST (6% CGST + 6% SGST). * **From 22.09.2025 onwards:** Covered under Entry 386 of Schedule I to Notification No. 09/2025-Central Tax (Rate), attracting 5% GST (2.5% CGST + 2.5% SGST). * The advance ruling was answered in favour of the assessee. **Key Takeaways** * **Strip Width Threshold for Section XI:** Synthetic strip materials measuring under $5\text{ mm}$ in width qualify as textile materials under Section XI (Heading 5404), governing downstream fabric classification. * **Evidentiary Weight of Technical Standards:** Possession of a BIS licence (such as IS 15351:2015 for agro-textiles) serves as strong corroborative evidence establishing technical application and commercial identity. * **Note 8 Chapter 59 Application:** Coated or laminated fabrics engineered for specialized industrial, agricultural, or aquacultural technical uses are rightly categorized under Heading 5911 rather than general plastic sheeting entries. * **Notification Transition Alignment:** Taxability for technical textiles under Heading 5911 transitions from the 12% rate slab to the 5% rate slab effective 22.09.2025 pursuant to rate notification amendments.

By | November 3, 2026

HDPE laminated woven Geomembrane pond liners are classifiable under Heading 5911 for technical textile uses, attracting 12% GST up to 21.09.2025 and 5% GST from 22.09.2025. Issue Whether HDPE laminated woven Geomembrane pond liners used for technical applications in agriculture and aquaculture are classifiable under Tariff Heading 5911 as textile products for technical uses, and… Read More »

Motor vehicle dealer liable for differential Compensation Cess and penalties on SUV supplies under Section 74

By | November 3, 2026

Motor vehicle dealer liable for differential Compensation Cess and penalties on SUV supplies under Section 74 Issue Whether Hyundai Creta 1.6, Alcazar 2.0, and Tucson 2.0 qualify as SUVs attracting 22% Compensation Cess under Entry 52B based on unladen ground clearance, and whether the invocation of extended period and penalties under Section 74 and Section… Read More »

INCOME TAX CASE LAWS 02.11.2026

By | November 3, 2026

INCOME TAX CASE LAWS 02.11.2026 Income-Tax Case Law Summary Relevant Act Section Case Law Title Citation Brief Summary Income-tax Act, 1961 Section 14A DCIT Circle 3(4) v. Asian Paints Ltd. Click Here Additional disallowance made by the AO under Rule 8D over and above the assessee’s suo motu disallowance without recording proper satisfaction was held… Read More »