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Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

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GST Update/ 2026-27/0064

Bidyut Autotech Private Limited & Anr. v. Assistant Commissioner of State Tax

No Wilful Evasion Where GSTR-3B Error Was Subsequently Corrected Through GSTR-9

Bidyut Autotech Private Limited & Anr. v. Assistant Commissioner of State Tax
Calcutta High Court | 26 November 2025 | WPA 12637 of 2025

Case Details

The petitioners were dealers in motor vehicles. During FY 2017-18, they purchased motor vehicles from suppliers and paid GST along with CESS. The CESS paid on their purchases was reflected in GSTR-2A. The petitioners also collected CESS from their customers on outward supplies. However, they believed that they had sufficient accumulated CESS on their inward supplies and therefore did not report the CESS collected from customers in their GSTR-3B returns.
Later, while finalising their books of accounts, the petitioners realised the mistake, which was pointed out by their Chartered Accountant. They then disclosed the entire CESS amount in their annual return in GSTR-9. The petitioners stated that the earlier non-disclosure was revenue neutral because they had CESS ITC available on their purchases.
The GST Department subsequently issued a notice under Section 74 alleging non-payment of CESS of Rs. 44,71,625. An order was passed determining tax liability of Rs. 41,31,946 along with interest and penalty, resulting in an aggregate amount of Rs. 1,28,26,999.

Arguments Before the Court

The petitioners argued that there was no fraud, wilful misstatement or suppression of facts. According to them, the mistake in GSTR-3B had already been corrected by reporting the CESS in GSTR-9. They also submitted that they had CESS ITC available on inward supplies and that the differential amount had been paid. Therefore, the initial non-disclosure did not cause any revenue loss.
The appellate authority accepted that there was no wilful misstatement, suppression or fraud and accordingly changed the proceedings from Section 74 to Section 73. However, it did not give effect to the GSTR-9 disclosure or the petitioners’ claim regarding the accumulated CESS ITC.
The petitioners relied upon various judicial decisions, including Ankit Kumar Agarwal v. Assistant Commissioner of State Tax, Sri Shanmuga Hardwares Electricals v. State Tax Officer, and Bisweswar Midhya v. Joint Commissioner. The State, on the other hand, argued that the GSTR-9 could not be relied upon because it was filed beyond the prescribed period and also pointed out that the decision in Ankit Kumar Agarwal had specifically stated that it should not be treated as a precedent.

Decision of the Calcutta High Court

The High Court held that the tax authorities could not completely ignore the GSTR-9 filed by the petitioners. The Court noted that the petitioners had claimed that they had not availed the CESS ITC available on their inward supplies. If such ITC was ignored and the entire CESS collected on outward supplies was demanded, it could result in taxation without properly considering the actual tax position. The Court referred to Article 265 of the Constitution, which provides that no tax can be levied or collected except by authority of law.
The Court also considered the issue of the delayed filing of GSTR-9. It held that the restriction introduced through the amendment to Section 44(2) by the Finance Act, 2023, effective from 1 October 2023, did not apply to the petitioners because their GSTR-9 had been filed on 28 August 2023. The Court further observed that, before the amendment, there was no complete prohibition against filing the annual return after the prescribed date.
Although the Court accepted that Ankit Kumar Agarwal could not be treated as a precedent, it held that its decision in the present case could independently be reached on the basis of the applicable law and Article 265. The Court directed that proper consideration must be given to the GSTR-9 disclosure and the differential amount claimed to have been paid by the petitioners. These factors could make the original non-disclosure revenue neutral.

Final Outcome

The Calcutta High Court set aside the appellate order dated 6 February 2025 and remanded the matter to the appellate authority for fresh consideration. The appellate authority was directed to reconsider the matter in accordance with law, particularly taking into account the GSTR-9 disclosure and the claimed differential payment.
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