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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 /2026-27/0011

Rajeev Kumar VS Directorate General of GST Intelligence and another
Petition No. & Citation:  WRIT PETITION No. - 256 of 2026
Hon’ble Judge(s) HON'BLE SIDDHARTH, J & HON'BLE VINAI KUMAR DWIVEDI, J.
Date of Order April 03, 2026
Outcome Petition allowed in favor of appellant

 Brief Facts of the Case

The petitioner was engaged in the business of importing, assembling and selling unbranded televisions since the year 2010 and was stated to have paid substantial GST amounting to approximately Rs. 57 crore over the years. During investigation conducted by DGGI, Meerut, the petitioner was informed that the department suspected tax evasion primarily on account of clandestine removal of goods involving tax implication of around Rs. 11 crore. In the course of investigation and with a view to avoid coercive action, the petitioner deposited Rs. 10 crore believing that the alleged offence would be considered for compounding. However, despite the petitioner’s cooperation and deposit, DGGI arrested him on 11.02.2026 under Section 132(1)(a) of the CGST Act. In the first remand application filed before the Magistrate, the department bifurcated the alleged tax evasion into two separate components, namely clandestine removal amounting to Rs. 11.83 crore and undervaluation amounting to Rs. 16.15 crore. however, in the subsequent remand application this distinction was intentionally removed and both allegations were merged together in an apparent attempt to justify criminal prosecution under Section 132. Aggreievd, the petitioner approached the High Court by way of Habeas Corpus petition seeking quashing of the arrest, detention, remand order.

Relevant Section / Rule / Notification

  • Section 138 of CGST Act
  • Section 132 (1)(a) of the CGST Act
  • Section 122 (1)(i) CGST Act
  • Section 35(3) of the BNSS

Question before Hon’ble Court / Authority

 
  • Whether the DGGI could club allegations of undervaluation covered under Section 122 and clandestine removal for purposes of arrest under Section 132?
  • Whether the arrest not complying with constitutional and procedural safeguards valid ?
 

Brief Arguments by Petitioner

  • Undervaluation and clandestine removal are distinct statutory violations and cannot be merged.
It was argued that clandestine removal may at best attract prosecution under Section 132(1)(a), whereas undervaluation is separately covered under Section 122(1)(i) and its tax implication can only be quantified through adjudication proceedings under Section 74. Therefore, without determination of undervaluation through statutory adjudication, the same could not have been imported into criminal arrest proceedings.
  • Department manipulated remand applications to overcome legal defects.
The petitioner specifically highlighted that in the first remand application, the department itself treated clandestine removal and undervaluation as two separate heads. Later, in the second remand application, this bifurcation was intentionally obliterated and both offences were mixed together merely to sustain the arrest under Section 132.
  • Mandatory notice under Section 35(3) BNSS was not issued prior to arrest.
Since the alleged offence was punishable up to seven years, the investigating agency was under obligation to issue notice of appearance before arrest in terms of the law laid down by the Supreme Court in Satender Kumar Antil. No such notice was ever served.
  • Grounds of arrest were not supplied in the legally prescribed manner.
The petitioner submitted that the grounds of arrest were handed over separately and not as an annexure to the arrest memo, contrary to CBIC Instruction No. 01/2025-GST and the Supreme Court mandate requiring communication of proper arrest grounds.
  • No proper procedures were followed regarding arrest.
Neither copy of arrest memo nor grounds of arrest was furnished to any family member or friend, violating settled arrest jurisprudence. In addition, Arrest memo did not even disclose the place of arrest. This was a direct infraction of the safeguards laid down in D.K. Basu. Grounds of arrest did not bear Document Identification Number (DIN). In terms of CBIC Circular No. 128/47/2019-GST, every communication is required to bear DIN. In absence thereof, the document is to be treated as non est in law.
 
 

Brief Arguments by Respondent

  • Undervaluation and clandestine removal were interconnected
According to the department, both allegations formed part of a single tax evasion design and hence could not be viewed separately. They both are interconnected and hence clubbing of both the allegations can not be taken as a ground.
 
  • Arrest Procedures were duly followed
It was contended that the grounds of arrest formed part of the arrest memo itself, and therefore separate DIN was not required. Further, the petitioner was permitted to speak to his son telephonically and thus arrest intimation requirement stood complied with.
 
  • Partial payment of Rs. 10 crore does not wipe out criminal liability
The department argued that total tax evasion was approximately Rs. 39.50 crore and therefore serious economic offence was made out. mere deposit during investigation does not mitigate the gravity of economic offences. The department submitted that offences affecting government revenue require stricter treatment and coercive action.
 

Cases Relied Upon

Case Law Citation
Satender Kumar Antil v. Central Bureau of Investigation (2026) SCC Online 162
Radhika Agarwal Vs. Union of India 2025 6 SCC 545
Vihaan Kumar Vs. State of Haryana and another (2025)5 Scc 799
D.K. Basu v. State of West Bengal (1997) 1 SCC 416

Findings and Judgement

 
Illegal Clubbing of Distinct Allegations Vitiated the Basis of Arrest
The High Court found that the respondents had failed to justify how the allegation of “undervaluation of goods” could be clubbed with “clandestine removal of goods” and treated as one composite offence for the purpose of invoking Section 132 of the CGST Act. The Court noted that in the first remand application both allegations were shown separately, whereas in the second remand application they were merged together without any legal basis. This contradictory stand clearly indicated that the department was attempting to artificially combine separate contraventions only to sustain the criminal proceedings, which the Court did not approve.  The Court accepted the petitioner’s contention that undervaluation is specifically covered under Section 122(1)(i) of the CGST Act and determination of its tax implication necessarily requires recourse to adjudication under Section 74. In absence of such statutory determination, the respondents could not directly import the allegation of undervaluation into prosecution proceedings under Section 132.
  • Mandatory Arrest Safeguards Were Not Followed by the Department
The High Court further observed that the respondents failed to comply with several mandatory safeguards governing arrest. The mandate of Satender Kumar Antil regarding arrest procedure was not shown to be inapplicable merely because the matter involved an economic offence. Further, the respondents could not satisfactorily explain non-compliance of CBIC instructions relating to proper communication of grounds of arrest and DIN requirements. Therefore, arrest had not been carried out in accordance with law.
  • Mechanical Remand by Magistrate Was Strongly Disapproved
The Court made serious observations against the remand proceedings and held that the magistrate had mechanically granted remand without examining the legal objections raised by the petitioner and without scrutinizing whether the arrest itself was sustainable in law. The High Court observed that remand orders were being passed without proper application of mind and in disregard of the settled legal principles governing arrest and detention, which further vitiated the continued custody of the petitioner.
In view of the above, the High Court held that the detention, arrest, remand and subsequent custody of the petitioner were wholly illegal. Consequently, the remand order and all consequential proceedings were quashed, while granting liberty to the department to proceed afresh in accordance with law.
 

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