High Court of Karnataka
Sadashiv S. Bennali v. Assistant Commissioner of Commercial Taxes
WRIT PETITION NOS. 100867 & 100887 OF 2026 (T-RES)
High Court of Karnataka
WRIT PETITION NOS. 100867 & 100887 OF 2026 (T-RES)
Where contractors executing government works spanning pre-GST and post- GST periods faced disputes on segregation of supplies, GST computation and supplementary agreements, writ petitions were to be allowed in terms of specific and operative directions laid down in Chandrashekaraiah v. State of Karnataka [2024] 158 appropriate proceedings
Section 9 of Central Goods and Services Tax Act, 2017/Karnataka Goods and Services Tax Act, 2017
This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.
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Jammu & Kashmir and Ladakh High Court
Where petitioner-taxi union was permitted to operate on public land under temporary allotment and rental terms, respondents could not demand GST on rentals for period prior to 08.07.2017 since GST came into force only thereafter, and petitioner was liable for dues with GST only for period commencing from 08.07.2017
GSTAT Hyderabad
Where outsourced caterer supplied food to in-patients within a hospital under contract, and only one supply, namely food, was made to hospital and not as part of composite healthcare supply, GST was leviable on such supply, as composite supply test failed and CBIC Circular supporting exemption applied only to supplies directly by healthcare provider and not outsourced caterer GST: Where caterer did not pay tax on in-patient food supplies based on an incorrect understanding of a Board Circular and no deliberate non-payment was established, invocation of section 74 was unsustainable, and dropping of penalty further negated mala fide intent, thus proceedings were to be treated under section 73 with proper re-determination of tax, interest and penalties GST: Where caterer supplied food to in-patients as per agreement with invoices showing no separate GST tax and department did not allege collection of tax above invoice value, invoice value was to be treated inclusive of tax, requiring application of cum-tax valuation under Rule 35, and tax liability was to be recomputed accordingly, ensuring no excess collection beyond statutory due
Calcutta High Court
Where electrical line repair and maintenance services had been completed in 2015 before introduction of GST, subsequent approval and billing in 2019 could not alter date of supply or bring completed services within GST regime, consequently payment withheld for want of GST registration was directed to be released with interest after deducting tax, if any, applicable under pre-GST regime