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Corporate News *  Paver that reaches 9 metres only with bolt-on extensions can’t claim customs duty exemption: CESTAT. *  Profit from resale of  airline cargo space is not taxable as business auxiliary service: CESTAT. *  CENVAT credit reversal on trading activity can’t be calculated using entire sale price: CESTAT.     *  GST refund can’t be rejected on grounds beyond show cause notice: Calcutta High Court quashes ITC refund rejection. *  GSTR-2A entry alone can’t decide whether ITC was available for use: Sikkim High Court. *  Punjab & Haryana High Court quashes SVLDRS rejection, directs fresh consideration of interest waiver claim. *  GSTN introduces EmSigner version 3.3 for new DSC tokens issued from September 21. *  TDS paid from own funds not part of taxable value: CESTAT upholds service tax demand on wrong rate. *  Second E-way bill was fraudulently generated with intent to evade tax: GSTAT upholds penalty. *  Rs. 20 Lakh monetary limit bars admission without proven exception: GSTAT. *  Sec. 110(5) Customs Act: Patna High Court mandates pre-decisional hearing before attachment extension. *  Arrest not necessary in every investigation: Telangana High Court grants anticipatory bail in GST ITC fraud case. *  CBDT Removes Arrest Provision for Tax Recovery. *  Bagasse is agricultural waste, Rule 6 CENVAT demand unsustainable: CESTAT. *  Refund of accumulated ITC allowed under inverted duty structure for fabric processing: GSTAT. *  GSTAT dismisses departmental appeal over Rs. 6.16 lakh IGST penalty for failing to meet Rs. 20 lakh monetary threshold. *  GST portal constraint can’t block IGST appeal pre-deposit adjustment from amount deposited under protest: Allahabad High Court. *  Small export consignments up to Rs. 3 lakh exempted from RCMC requirement: DGFT. *  CBIC cuts EMI scheme paperwork from 10 documents to 3 to boost MSME participation.         *  DGFT to launch Central Processing Dept. for faceless, jurisdiction-free trade applications by 2nd October 2026. *  Omission of GST refund restriction applies to pending proceedings in absence of saving clause: CBIC accepts Supreme Court ruling. *  Small export consignments up to Rs. 3 lakh exempted from RCMC requirement: DGFT.   *  GST summary assessment remedy must be meaningful; application u/s 64(2) should be decided promptly: Karnataka High Court. *  Rs. 1,800 shortfall in GST appeal pre-deposit can’t defeat appellate remedy: Karnataka High Court. *  GST notice merely uploaded on common portal can’t be treated As properly served: Rajasthan High Court. *  GSTAT dismisses department’s appeal for violating Rs. 20 lakhs litigation threshold. *  GST payment without tax ascertainment and DRC-04 acknowledgment not voluntary: Karnataka High Court orders refund with interest. *  10% penalty pre-deposit not required when GST order also confirms tax demand: Madras High Court. *  Subsequent deposit of full 10% meets mandatory pre-deposit requirement: CESTAT. *  DGGI Gawahati | GST bank account attachment automatically lapses after 1 year: Gauhati High Court.
Subject News *  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. *  Expired E-way bill and wrong vehicle number: GSTAT upholds ?3.50 lakh penalty on goods in transit. *  GST assessment order quashed for failure to prove service of show cause notice: Patna High Court. *  GST registration cancellation can’t be based on unquantified ITC mismatch before verification of suppliers: Calcutta High Court. *  Supreme Court reserves verdict on State’s power to levy additional sales tax, surcharge or cess. *  Customs can’t use residual penalty provision after confiscation grounds fail: Bombay High Court. *  Insurance premium collected and remitted to insurer not taxable as part of microfinance company’s service value: CESTAT. *  Sec. 62 GST assessment orders deemed withdrawn after delayed return filing: Andhra Pradesh High Court. *  CESTAT allows CENVAT credit on rent-a-cab and staff  welfare expenses. *  Sec. 110(5) Customs Act: Patna High Court mandates pre-decisional hearing before attachment extension. *  Entire GSTR-3B vs GSTR-2A difference can’t be disallowed without invoice-wise verification: GSTAT remands ITC mismatch case. *  GST audit has to be only conducted by “Proper Officer”: Uttarakhand High Court. *  Ignored taxpayer replies can’t be considered through second ex-parte GST order under section 161: Allahabad High Court. *  Whether transitional credit can be denied on technical grounds: GSTAT questions legality of sec. 74 penalty. *  No GST on assignment of GIDC leasehold rights: Gujarat High Court orders refund of ITC reversal with interest. *  SGST assignment doesn’t bar DGGI’s nationwide enforcement powers: Delhi High Court. *  DRI | 3 years custody and slow trial alone can’t override NDPS bail bar in commercial quantity case: Delhi High Court. *  Customs refund can’t be adjusted against disputed demand that has not attained finality: CESTAT. *  Calcutta High Court quashes GST proceedings based solely on omitted rule 96(10). *  Unreliable panchnama, unproduced private ledger can’t prove clandestine removal: CESTAT.   *  Only amortised value of customer-owned tools and dies can be included in assessable value of auto parts: CESTAT. *  Mere recital of ‘fraud’ or ‘suppression’ can’t justify GST extended limitation: Chhattisgarh High Court quashes notices. *  GST Appellate Authority can’t remand case for document verification; must decide appeal itself: GSTAT. *  Supreme Court stays High Court’s ruling allowing Deputy Commissioner to issue GST penalty notice exceeding Rs. 1 crore. *  Sec. 74 GST can’t be invoked to question CENVAT credit availed under pre-gst regime: Punjab & Haryana High Court. *  Service Tax refund or adjustment can’t be decided before classifying contract as works or service contract: Kerala High Court. *  Service Tax order passed 8.5 Years after SCN quashed: Meghalaya High Court.  

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PJ case law/2026-27/06

Kwal Pro Exports
AUTHOR’s COMMENT : 
The judgement is a very welcoming judgement as it reinforces the principle that where there is no wilful misstatement or suppression of facts or fraud conducted then in such cases Section 74 cannot be imposed. Mere wrong availment or non-payment does not necessarily indicate collusion, wilful misstatement, or suppression of facts specially in those cases where invoice value has been paid along with tax to the suppliers. Therefore, tendency of the department to invoke Section 74 in routine cases is not justified. In the present case, the adjudicating authority itself has concluded that the essential ingredients of Section 74 were not established and has accordingly shifted the proceedings to Section 73. This finding is of considerable significance as it enables the appellant to avail the benefit of the amnesty scheme introduced under Section 128A of the CGST Act, subject to fulfilment of the prescribed conditions, thereby becoming eligible for waiver of the applicable interest and penalty.
Further, General Penalty under Section 125 cannot be invoked by Revenue department in every case as this penalty is specifically only for those cases where the facts are not covered by any specific penalty. Department officials should first look into the facts of the case carefully, before invoking any provisions of the act randomly. 

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