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Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

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GST update /2026-27/0006

Avanti Feeds Limited v. Deputy Commissioner of State tax and Union of India
GST UPDATE
Writ Petition No.: 11760/2023
Court: HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
 
Case Title: Avanti Feeds Limited v. Deputy Commissioner of State tax and Union of India
Outcome:   Writ Petition was allowed
Judgement Date: 01.04.2026
 
BRIEF FACTS OF THE CASE:
M/s Avanti Feeds Ltd.,a registered entity under CGST Act, is engaged in the business of manufacturing and supplying aquatic feed. For the purposes of manufacturing the said aquatic feed, petitioner imports certain inputs such as fish meal, soya, algal oil. The petitioner had claimed exemption from payment of IGST in relation to import of these inputs during the period A.Y. 2017-18 to 2022-23. The Avanti feeds ltd. jurisdiction was assigned to Central Jurisdiction. On 11.11.2022, the Deputy Commissioner of State Tax conducted an inspection under the authorisation of Joint Commissioner, thereafter, an intimation of tax payable as ascertained was issued on 19.12.2022 under Section. 73(5) of the CGST Act, read with Rule 142(1A) in which it was mentioned that some of the exemptions claimed in respect of classification of goods was not correct and sought an explanation on the same. The petitioner gave a reply against the same dated 12.01.2023 which was followed by another intimation dated 10.04.2023 in the form of Show cause notice (SCN). Assessee challenged the SCN and circular no. 80/54/2018-GST dated 31.12.2018 which denied the benefit of exemption given by the Central Government under an Exemption Notification issued under Section 6(1) of IGST Act. Aggrieved, the petitioner approached the High Court.
QUESTION BEFORE HON’BLE COURT:
Whether GST authorities have jurisdiction to assess and recover IGST on imported goods?
Whether cross-empowerment under Section 6 permits State officers to act in cases assigned to Central authorities?
Whether Circular No. 80/54/2018-GST could be relied upon when already struck down by another High Court?
Whether issuance of a consolidated notice covering multiple years is permissible?
Brief Arguments by Petitioner (Registered Person): 
Petitioner submitted following contentions: -
Cross Empowerment between IGST and SGST officers not permissible:
Learned Legal Counsel of petitioner contended that petitioner has been allocated to the Central Jurisdiction. As such no State GST authority can initiate any proceedings against the petitioner. The IGST act does not gives power to state officials to initiate, continue or complete any proceedings under IGST act.
Section 2(3) and Section 28 of Customs Act:
 
Further, it was contended that Section 2(3) and Section 28 of Customs Act, 1962 read with proviso to Section  5(1) of IGST act makes it clear that the jurisdiction to assess the IGST payable, in the course of import of goods, into India, vests solely with the Customs Officials and no authority under any of the GST acts can undertake such an exercise.
Circular no. 80/54/2018-GST ultra vires the GST Exemption notification:
Petitioner contended that the circular no. 80/54/2018-GST restricting the exemption benefits cannot be relied upon as the said circular had already been set aside by the judgement dated 05.10.2021 given by Hon’ble High Court of Madras in Jenefa India v. Union of India (W.P(MP) 16770 to 16776 of 2019). 
Various issues which had not been raised in the previous intimation have been raised in the new intimation:
Petitioner contended that various issues which had not been raised in the intimation dated 19.12.2022 have been raised in the fresh intimation dated 10.04.2023. which is not permissible under law.
Therefore, the impugned notice is liable to be set aside
 
Brief Arguments by Revenue Department: 
Revenue Department contended that: 
Writ is not maintainable as there is alternate remedy available:
Revenue department contended that writ is not sustainable as it is filed directly against the SCN and the alternate remedy available to the petitioner was not exhausted.
 
Cross empowerment available:
Revenue by giving reference to Section 6 of the APGST act contended that the officers are authorized to issue any orders or proceedings under the CGST act and such cross empowerment has been discussed by the GST council in its 9th meeting on 16.01.2017 wherein it was decided that no separate notification is required for authorities under the State GST acts to exercise powers conferred on Central Tax officers. 
 
Action is not a parallel proceeding:
The Revenue argued that Section 6 of the APGST Act allows cross-empowerment. In support, reliance was placed on an office memorandum dated 30.06.2017 issued by the GST Council, which clarified that officers under one GST law can take action under the other GST laws as well. The Department also referred to the Allahabad High Court decision in Shree Maa Trading Company to support this view. Further, it was contended that there was no question of parallel proceedings since the State GST authorities had initiated action on 12.12.2022, much before the Customs authorities, who started proceedings only on 08.08.2025. Hence, according to the Department, the proceedings were valid and not overlapping.
Findings & Judgement: 
Following are the findings of the Hon’ble SC in the instant case:
Maintainability of Writ Petition:
 
Hon’ble Court discussed that in normal course, writ petition is not entertained at the stage of SCN unless it is demonstrated that SCN is wholly without jurisdiction as held in the landmark judgment given by Hon’ble SC in case of Whirlpool Corporation v. Registrar of Trade Marks, Mumbai and Ors. Accordingly, the Court proceeded to examine whether the impugned notice was issued by a competent authority.
 
Jurisdiction over IGST on Imports lies exclusively with Custom Authorities
The Court held that IGST on imported goods is governed by the proviso to Section 5(1) of the IGST Act, which clearly provides that such tax shall be levied and collected in accordance with the Customs Tariff Act and the Customs Act. It was further noted that the definition of “assessment” under the Customs Act includes determination of all duties, taxes, and exemptions relating to imported goods. Therefore, authority who can levy and collect integrated tax, on goods being imported into India, for supply of such goods can only be the customs officers under the Customs Act and not with GST officers. The court further clarified that the GST authorities continue to have jurisdiction in respect of inter-State and domestic transactions within India. 
 
State Officer to be given jurisdiction only if the taxpayer has been allotted administratively:
As per Section 6 and Section 4, empowerment of an officer under the APGST Act to enact under the CGST and IGST Acts exists only if the registered person has been allotted administratively, to the state of Andhra Pradesh and such officer is the proper officer for such tax payer. In the present case, petitioner has been administratively allotted to the Central Government. Therefore, the respondent cannot claim the benefit of cross empowerment, under Section 4 of the IGST act, to assume jurisdiction.
 
Circular already struck down by Madras High Court:
 
Hon’ble Court further held that circular no. 80/54/2018-GST dated 31.12.2018 had already struck down by Hon’ble Madras HC. Therefore reliance was placed on decision given by Hon’ble SC held in the case of Kusum Ingots and Alloys Ltd. v. Union of India and ors., a circular, notification, or legislation which has been struck down by any HC, would effectively result in the said legislation becoming inoperative across India. Therefore, there is no need to struck down the circular again. Therefore, restricting the exemption benefits based on the struck downed Circular was invalid.
 
Single Show Cause Notice issued for Multiple Years
The Court held that the impugned notice was also invalid as it covered multiple financial years in a single show cause notice. Such consolidated notices are not permissible in law, as held in S.J Constructions vs Assistant Commissioner. Accordingly, the notice was liable to be set aside on this ground as well.
Accordingly, the writ petition was allowed, and the notice was set aside.
 
Various Sections referred in the instant GST update
Sec. 73(5) of CGST Act, 2017 
Sec. 5, Sec.6 of SGST Act, 2017
Sec. 6(1), Sec. 5, Sec. 7, of IGST Act, 2017
Sec. 2(3), Sec. 3, Sec. 12, Sec. 28 of Customs Act, 1962
 
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