GSTPAM News Bulletin July 2025

GIST OF TRIBUNAL JUDGEMENTS (VAT)

Compiled By

CA Rupa Gami

M/s Panasonic Energy India Co. Ltd. in M.A. No. 321 of 2024 dated 20/01/2025

Second Appeal is filed after a delay of 600 days. The delay is caused due to the accountant who had received the order having left the job and the Head Office having been shifted from Baroda to Pithampur in Madhya Pradesh. Reliance was placed on the Tribunal judgements in the case of Crescent Valves Mfg. Co. (M.A. No. 58 of 1994 with S.A. No. 313 of 1994 dated 22.11.1996), Dex Vin Polymers Pvt. Ltd. (M.A. No. 187 of 2013 in V.A. No. 565 of 2013 dated 24.03.2014) and Detection Instruments (I) Pvt. Ltd.(M.A. No. 206 of 2018 dated 30.07.2018). Reliance was also placed on the judgement of Hon’ble Apex Court in the case of M.S.T. Katiji’s (66 STC 228) (SC) wherein the Apex Court has categorically held that delay condonation application is to be liberally construed.

Delay condoned after imposing costs of Rs.25000/-.

(Petitioner represented by Adv. C.B.Thakar)
M/s Black Box Ltd. in Vat S.A. No. 361 of 2024 dated 25/02/2025

The first appeal order is dismissed for non-prosecution. The appellant contended that the Company had changed its name and address. Since the Company had changed its name from M/s AGC Networks to M/s Black Box Ltd. and the address had also changed, none of the notices were served on the new address. The appellant came to know when its consultant received a call from the department informing him of the order having passed. It was urged that the Department could have called upon the consultant for giving hearing, however, that exercise was not done. The Hon’ble Tribunal found that no opportunity was given to the appellant and that the principle of audi alteram partem was not followed. The case was remanded to the first appellate authority for fresh adjudication in light of invoices to be produced by the appellant. The order of the first appellate authority and assessing officer was set aside.

(Petitioner represented by Adv. Shreyas Srivastava)
M/s Amba River Coke Ltd. in Vat S.A. No. 405 of 2021 dated 24/02/2025

The first appellate authority had assessed tax towards sales suppression by the appellant on the basis of Annexure J2 filed by certain parties. It was contended by the appellant that these parties were not customers of the appellant and they had no dealings with these parties. An affidavit was filed confirming the same. The Hon’ble Tribunal observed that apart from mismatch of J1 and J2 there was nothing on record to show whether there were any efforts made to confirm the facts as the burden was on the state to show that the goods were in fact delivered and received by the other party. The appellant had appeared before the lower authorities and produced all documents and details of sales and purchase ledgers which were closed and adjusted and it showed that no sales were made to these parties. The Tribunal also observed that as the charge of levy of tax is created by the state, the burden to prove the charge is on the state. The state was required to additional confirmatory proof like delivery of goods, payment and receipt of money or any other evidence in the form of assessment of the party

who has claimed to have made purchases from the appellant. The appeal was allowed and matter remanded. (Petitioner represented by CA Sundaram Sheshan)
M/s Sandoz Pvt. Ltd. in Vat S.A. No. 404 of 2022 dated 25/03/2025

Disallowances were made in assessment of Input Tax Credit on purchases made for repairs and maintenance of company premises under Rule 54(g) and (h) of MVAT Rules. Also, the Input Tax Credit was disallowed based on mismatch of Annexure J1 and J2. These were confirmed by the first appellate authority. The appellant contended that purchases have been made for the purpose of maintaining high standard of manufacturing and high standard of quality for foreign markets in Europe, USA, Australia as the norms set up by International Drug Administration Authorities. The Tribunal however supported the stand of the Revenue that the purchases made for repairs and maintenance of the factory building merged into immovable property and that it should be disallowed under Rule 54(g) and 54(h). Regarding the Input Tax Credit not allowed due to mismatch, the Tribunal observed that the Revenue should not merely rely on the electronic data and that where ledger confirmations are not produced by the appellant, the revenue should make enquiries about the deposit of tax paid by the supplier in the government treasury. No such exercise was taken by the revenue and by virtue of the Bombay High Court judgment in the case of Sandoz India Pvt. Ltd. in MVAT Appeal No. 20 of 2022 dated 7th October, 2023, a fair chance must be given to the appellant to produce the ledger confirmations. Appeal partly allowed.

(Petitioner represented by Shri Sudhir Ghatge, Indirect Tax Head of the Company)
M/s Starlog Enterprises Ltd. in Vat S.A. No. 308 of 2023 dated 25/02/2025 The appellant was engaged in the business of providing cranes on hire basis to its clients across the country. M/s

Essar Projects Ltd. was one such client. While the cranes were being used, Essar proposed to purchase the cranes on ‘as is where is basis’ at the location where they were situated. The Department conducted an investigation and sought ‘C’ Forms for the transaction. While it was stated that since there was no movement of goods, there was no interstate sale and no ‘C’ Forms required, the Department passed an order raising heavy demand for non-production of ‘C’ Forms. The First Appellate authority confirmed the demand. Since it was mentioned in the appeal order that the appellant could not produce the invoices, delivery notes and challans duly signed by parties, and the appellant is now in possession of original invoices and other corroborative

evidence, the Tribunal remanded the matter to the first appellate authority. (Petitioner represented by Adv B.B. Raichandani)
M/s Shakambari Logistics LLP in Vat S.A. No. 587 of 2024 dated 21/03/2025 ITC was disallowed in assessment on account of mismatch of Annexure J1 and J2. The appellant had requested for additional time to submit ledger confirmations but the same was denied. The first appeal order was passed ex-parte. It was urged by the appellant that they are in possession of Electronic Ledger confirmation and that the matter be remanded for consideration of additional evidence. The DR submitted that the appellant had placed 4 ledger confirmations and for pending confirmations had paid the tax. That the case is required to be verified by remanding the matter. The appeal was allowed and matter remanded. (Petitioner represented by CA Pravin Gehlot)

The hardest prison to escape is your own mind.

INCOME TAX UPDATES

Copiled by

By Adv. Ajay Talreja

Validity of Reassessment Under Section 148 Based on AIS Mismatch

Introduction: In recent years, the Indian tax system has undergone a technological transformation aimed at improving compliance and enhancing transparency. One of the most significant developments in this context is the introduction and widespread adoption of the Annual Information Statement (AIS) by the Income Tax Department. The AIS is a comprehensive statement that collates various financial transactions of taxpayers from a wide range of third-party sources, banks, mutual funds, registrar and transfer agents, stock exchanges, and other financial institutions. Its intent is to ensure that taxpayers are aware of the information the tax department already possesses and to nudge voluntary compliance. However, the increasing use of AIS has also given rise to a new wave of reassessment notices under Section 148 of the Income Tax Act, 1961. These notices are often based solely on mismatches between the income or transactions reported by the taxpayer in their return and those reflected in the AIS. This development has triggered a host of legal and procedural questions, particularly with respect to the

legitimacy and constitutional validity of such reassessment actions.

One central question this article explores is: Can a reassessment proceeding under Section 148 be validly initiated solely on the basis of an AIS mismatch, without any independent enquiry or verification by the Assessing Officer (AO)? The concern is not only about the reliance on technological tools for enforcement but also about the possible erosion of taxpayer rights due to mechanical and non-judicious use of third-party data. Background: The Income Tax Department increasingly uses AIS data to detect discrepancies. Reassessment notices under Section 148 are often triggered where the AIS reflects additional income not disclosed in the return. The key legal question is whether such reliance on AIS data, without further enquiry, satisfies the requirement of “reason to believe” that income has escaped assessment. Relevant Legal Provisions under the Income Tax Act, 1961:

Section 147: empowers the Assessing Officer to reassess income if there is a “reason to believe” that income has escaped assessment. Such reassessment must comply with procedural safeguards under Sections 148 and 148A.
Section 148: deals with the issuance of a notice to the assessee when the Assessing Officer has reason to believe that income has escaped assessment.
Section 148A: (introduced by the Finance Act, 2021), mandates preliminary enquiry and opportunity of hearing before issuing notice under 148.

Judicial Precedents: Courts have repeatedly emphasized that reassessment must be based on independent application of mind, not mechanical reliance on third-party data. Union of India v. Ashish Agarwal (Supreme Court) In this case the Supreme Court addressed the validity of reassessment notices issued under the old provisions of the Income Tax Act, 1961, after the introduction of the new reassessment regime by the Finance Act, 2021. Although the notices issued without following the newly mandated Section 148A procedure were technically

invalid, the Court chose a balanced approach to protect both taxpayer rights and public revenue. It “deemed” these notices as show-cause notices under Section 148A(b), thus saving over 90,000 reassessment cases from being quashed entirely. The judgment reinforced that reassessment after April 1, 2021, must comply strictly with the new procedural safeguards, particularly the requirement of independent enquiry and opportunity of hearing under Section 148A.

PCIT Vs Agfa India Pvt. Ltd. (Bombay High Court) The Hon’ble Bombay High Court highlighted that it is mandatory for the AO to independently apply his mind to the materials on record. Non application of mind on the part of AO to the information received can vitiate the initiation of reassessment proceedings.

Kavya Satija Vs DCIT (ITAT Delhi) The Delhi ITAT observed that the reasons recorded make it evidentially clear that the AO has acted in a mechanical manner based on so-called Investigation Wing Report and without own application of mind and without objectively ascertaining the facts before recording reasons towards alleged escapement. Essentially, the assessment has been re-opened on the basis of borrowed satisfaction of the Investigation Wing without his own independent application of mind and thus consequential action and proceedings under s. 147 are illegal and bad in law.

Conclusion: While AIS mismatch may trigger an initial enquiry, it cannot alone justify reassessment under Section

148. The AO must independently verify the information and provide the assessee with a reasonable opportunity to explain discrepancies through the Section 148A(b) process. Failure to do so renders the reassessment notice procedurally defective and open to challenge. Taxpayers facing reassessment purely on AIS grounds should scrutinize the notice process and challenge mechanical actions where necessary.

CBDT notifies Cost Inflation Index for F.Y. 2025-26

The Ministry of Finance, through the Central Board of Direct Taxes, has issued Notification No. 70/2025 – Income-Tax on July 1, 2025. This notification amends Section 48 of the Income-tax Act, 1961, by inserting a new entry into the table of a previous notification dated June 5, 2017. Specifically, it adds serial number “25” with the corresponding entry “2025-26” and “376” to the table. This amendment will become effective on April 1, 2026, and will apply to the Assessment Year 2026-27 and subsequent years. The notification was signed by Samuel Pitta, Deputy Secretary (Tax Policy and Legislation). This update modifies existing tax regulations as per the powers granted by the Income-tax Act.

Reassessment Notice to Dissolved Firm Invalid: ITAT Delhi

Ganesh Commodity Brokers Vs ITO (ITAT Delhi) Summary: The Income Tax Appellate Tribunal (ITAT) Delhi, in the case of Ganesh Commodity Brokers vs. ITO, has ruled that reassessment proceedings initiated against a dissolved firm are invalid if the notice under Section 148 of the Income Tax Act, 1961, is not properly served on the erstwhile partners. The firm, represented by its former partner, challenged the reassessment orders for Assessment Years 2013-14 and 2014-15, arguing that the notice was issued to a non-existing entity. The firm had been dissolved and its dissolution, along with a request for PAN cancellation, was communicated to the tax department on November 28, 2014. Despite this, the Assessing Officer (AO) issued reassessment notices in 2021 in the name and address of the dissolved firm, and not to the former partners, leading to the firm not receiving these communications. The ITAT acknowledged that Section 189 of the Income Tax Act allows for the assessment of a dissolved firm as if it were still in existence to ensure tax liability is not escaped. However, it highlighted the crucial aspect of notice service as per Section 283(2) of the Act, which explicitly states that where a firm is dissolved, notices should be served on any person who was a partner immediately before its dissolution. Since the AO was aware of the dissolution and failed to serve the notices on the former partners, the ITAT concluded that the notices were not issued in compliance with the law. Relying on High Court judgments, including one from the Gujarat High Court, the ITAT quashed the reassessment orders for both assessment years. Additionally, the Tribunal noted that the additions made under Section 68 of the Act, treating certain business losses as unexplained cash credits, were also not sustainable on merits, as the losses represented an outflow of funds, not credits.

CBDT notifies NABARD Zero Coupon Bond for Tax Exemption

The Ministry of Finance, via Notification No. 56/2025-Income Tax on June 12, 2025, has officially designated a specific bond issued by the National Bank for Agriculture and Rural Development (NABARD) as a zero coupon bond under clause (48) of section 2 of the Income-tax Act, 1961. This designation grants tax exemptions for this particular bond. The bond has a life of ten years, eleven months, and thirteen days, with an issue deadline of March 31, 2027. Upon maturity or redemption, the total payout will be Rs. 19,500 crores. The discount offered on these bonds is Rs. 10,349.625 crores, with 19.50 lakh bonds slated for issuance. This notification outlines the specific characteristics that qualify the NABARD bond for its zero coupon bond status under the tax act.

Percival Joseph Pereira v. ITO (ITAT Mumbai)

S.45: Capital gains Interim order-Year of taxability of capital gains on compensation-Interest on compensation-Income from other sources – Delay of 404 days-Delay is condoned-The compensation and interest received by in pursuance of an interim order of the Bombay High Court cannot be taxed in the year of receipt-Addition is deleted -Compensation and interest can be taxed only when the final order is passed by the High Court. [S. 45(5)(b), 45(5)(c), 56(2)(viii), Land Acquisition Act, 1894, S. 11, 18] The land was acquired by the Special Land Acquisition Officer (SLAO ) and an order was passed under section 11 of the Land Acquisition Act, 1894, awarding compensation at Rs. 14,59,531/-. Aggrieved by the order a reference was made under Section 18 of the Land Acquisition Act, 1894 to the Court of Civil, Judge, Senior Division, Raigad at Alibaug. The Additional judge has awarded the additional compensation by revising the market value of land to Rs. 500 per sq mtr. The Court also directed the SLAO to interest at the rate of 9% for the first year from the date of possession and thereafter, at the rate of 15% p.a. till the realisation of the amount .The State of Maharashtra did not accept any portion of the Award passed by the Civil Court and filed an appeal before the High Court. High Court by an interim order stayed the order of Civil Court and directed the Government to deposit with the Court. As per the interim order the appellant was permitted to withdraw the amount subject to Bank Guarantee of 60% and indemnity Bond 40%. The appellant has received certain amount on which the tax was deducted at source. The appellant filed the return of income claiming the refund of tax deducted at source. The AO assessed the amount received as per interim order as capital gains. On appeal the CIT(A) affirmed the addition made by the AO and also dismissed the appeal on account of delay. On appeal the Tribunal condoned the delay of 404 days. On merit the Tribunal held that the compensation received by the appellant in pursuance of an interim order of the Bombay High Court as per proviso to section 45(5)(b) shall be deemed to be income chargeable under the head capital gains of the previous year in which the final order of the Bombay High Court is passed. Accordingly the appeal of the assessee is allowed and the order of CIT(A) confirming the order of AO taxing long term capital gain amounting to Rs.22.49,01,802/- being compensation on acquisition of land and the interest of Rs. 44,29,98,502/- u/s 56(2)(viii) of the Act is set aside. The Tribunal also deleted the penalty of Rs.20,10,01.733/- u/s. 271(1)(c) of the Act. (ITA No. 4661 & 4662/Mum/2024 dt. 19-5-2025 )( AY. 2016-17)

Manish Manohardas v. ITO (IT) (ITAT Mumbai)

S. 270A : Penalty for under-reporting and misreporting of income- Penalty notice was only regarding underreporting of income-Penalty levied u for misreporting of income and under reporting-Not specifying the specific charge-Salary received is shown in the return -Penalty of Rs. 44,90,048/- levied under section 270A(8) of the Act is deleted. [S. 139(9), 192, 270A(8), 270A(9)(e), 274, Form No. 26AS]

The assessee filed the return of income and claimed the refund of tax deducted at source, though the salary income was not offered to tax. The Assessing Officer issued notice under section 139(9) to rectify the mistake however the return was not rectified. In the course of assessment proceedings the Assessing Officer issued the notice u/s 143 (2) and made addition of Rs. 62 ,93, 742 to the total income of the assessee. In the course of penalty proceedings the assessee contended that by inadvertently gross salary was not shown in the return. The Assessing Officer levied the penalty of Rs.44,90,048/- under section 270A(8) of the Act. The penalty order is affirmed by the CIT(A). On appeal the assessee raised the additional grounds on jurisdictional issue. The Tribunal admitted the additional ground. After analysing the provisions the Tribunal held that in the assessment order, the Assessing Officer initiated the penalty under section 270A of the Act, without mentioning any sub -clause of the section 270A of the Act or specifying the any limb of the penalty proposed to be levied. In the penalty notice issued mentioned under reporting of income. Subsequently during penalty proceedings another notice without specifying any limb or sub clause of section270A of the Act. The penalty was levied for misreporting of the income as well as under reporting of the income as per section 270A(8) of the Act, with the aid of section 270A(9)(e) of the Act. The Tribunal held that there was no whisper at all in the notice issue under 270A read with section 274 of the Act, about misreporting of income, where as penalty has been levied for both under reporting of and misreporting of income @ 200 % in terms of section 270A(9 of the Act , for which show cause notice was never issued to the Assessee. Accordingly the penalty is deleted. Referred Saltwater Studio LLF v. NFAC (Delhi)(ITA No. 13/Mum/2023 dt. 22-5-2023, Jain Marketing & Associates v. DCIT (2024) 162 taxmann.com 439 (Delhi)(Trib.) (AY. 2019 -20)( ITA No. 4134/M/2023 dt 15-10-2024)

The strongest are gentle. The smartest are quiet. The wealthiest are simple.

The happiest are private. Real power doesn’t need to prove itself.

Do you know what 1095 is?

Copiled by

By Mr. Tushar P. Joshi

You must be wondering what is the meaning of 1095? I will explain the same.

1095 = 365 days X 3times, if your average daily meal cost is 100 1, 09, 500/- is the annual cost for your food alone.

Are you prepared for your life after Retirement? Is your pension adequate?

Facts from a recent India Today Survey is as below.

90% – Do not have pension

50% – Widows are living alone without steady income

71% – Senior Citizens own just a house as an asset

68% – Repent that did not save enough for Retirement.

Will you be one of them?

5- False Assumptions people have

My kids will look after me in my retirement years.
My savings are enough for my retirement.
I have plenty of wealth
I won’t live long enough to go through agony
I don’t have to really save for my retirement now

Few Facts

Interest on savings and deposits have been reducing each year. Recently RBI has reduced the repo rate. In India interest rates are still highest but as we grow more, soon it will be like other countries as low as 1% or even – 75% as in countries like Switzerland. PPF, Senior citizen schemes, postal savings are negatively revised each year.

So how do I plan my retirement?

Plan Jeevan Akshay or Jeevan Shanti Plans today from your advisor & get Lifetime guaranteed returns for secured retirement.

Eg. RBI v/s LIC’s Jeevan Akshay

Year	RBI	LIC’s Jeevan Akshay
1990	14%	12% (Lifetime, Even today)
1995	13%	12% (Lifetime, Even today)
2000	12%	10% (Lifetime, Even today)
2006	10%	9% (Lifetime, Even today)
2015	6.7%	8% (Lifetime, Even today)
2025	6%	8 to 10% (Lifetime, if planned now)
2030	2%	8 to 10% (Lifetime, if planned now)
2040	1%	8 to 10% (Lifetime, if planned now)
2050	0%	8 to 10% (Lifetime, if planned now)

From the above table you can see the LIC is giving guaranteed returns for the life. So one can plan their retirement as per their need.

You have three currencies – Knowledge, Time and Money. When you need one, use the other two to get it.

CIRCULAR FOR RENEWAL OF MEMBERSHIP/SUBSCRIPTION CHARGES FOR THE F.Y. 2025-26

Dear Members,

RENEWAL OF MEMBERSHIP FOR F.Y. 2025-26

The Membership Fees for the year 2025-26 are due for renewal on 01.04.2025. We appreciate your Continuing support and participation in the activities of our Association.

The timely Renewal of Membership will enable the members to continuously receive the updates on various activities of GSTPAM along with the GSTReview, News Bulletin, Circulars, Messages, Webinars and online access to the website www.gstpam.org. The Life Members only need to renew the subscription charges for the GST Review. The members can also avail the benefit of discount by paying advance for subsequent two years membership fees /subscriptioncharges.

The Membership Renewal Fees received after 30thApril, 2025 will be subject to approval of the Managing Committee. If the Renewal fees for a particular year are not paid, then the member is liable to pay Admission Fees again for Renewal in the subsequent year.

Delayed Renewal Members will be provided Pre Renewal GST Review subject to availability upon payment of such additional courier charges.

The details of Membership/Subscription Fees are given below for your ready reference

Type of Membership	Membership Fees incl. GST	Admission Fees Incl.GST	Subscription Charges for GST Review	Total
New Membership Application
Donor Member	2,36,000.00		800.00	2,36,800.00
Patron Member	1,77000.00		800.00	1,77,800.00
Life Member	11,800.00	1180.00	800.00	13,780.00
Life Member (Conversion from Ordinary)	11,800.00	590.00	800.00	13,190.00
Ordinary Local Member	2,006.00	590.00		2,596.00
Ordinary Outstation Member	1,711.00	590.00		2,301.00
Student Member	590.00	590.00		1,180.00

New Membership Application (Firm/LLP)

Ordinary Local Member	2,006.00	944.00	0	2,950.00
Ordinary Outstation Member	1,711.00	944.00	0	2,655.00

Advance Membership/ Subscription charges for subsequent Three years 2026-27 & 2028-29 (Non-Refundable)

Ordinary Local Member	5,428.00		5,428.00
Ordinary Outstation Member	4,602.00		4,602.00
Life Member (Individual/Firm/LLP)	0	2,400.00	2,400.00
Patron Member	0	2,400.00	2,400.00
Donor Member	0	2,400.00	2,400.00

Advance Membership/ Subscription charges for subsequent Five years (Non-Refundable)

Ordinary Local Member	8,968.00			8,968.00
Ordinary Outstation Member	7,670.00			7,670.00

Subscription for GST Review for F.Y. 2025-26 by Non-Members (Non-Refundable)

Subscription fees for GSTR

1,200.00

Advance subscription charges for GST Review by non-members for subsequent two years (Non-Refundable)

Subscription Fees -GSTR

2,400.00 2,400.00

Advance subscription charges for GST Review by non-members for subsequent Three years (Non-Refundable)

Subscription Fees -GSTR

3,600.00 3,600.00

Notes: –

Membership Fees are inclusive of GST.
The Subscription Charges are payable by only those life members, who wish to subscribe to the “GST Review”.
No subscription charges are payable by Ordinary Local/Outstation Member

Modes of Payment:-

Cheque	A/c Payee Cheque drawn in favor of “The Goods & Services Tax Practitioners’ Association of Maharashtra” payable at Mumbai.
NEFT Details	The Goods & Services Tax Practitioners’ Association of Maharashtra Bank of India, Mazgaon Branch Current Account No. 007020100001816, IFSC Code – BKID0000070.Online generated transaction Acknowledgement should be sent by email on [email protected] along with membership and payment details Members are requested to send their physical form to the association for Approval, Issuance and Office record.
Cash	Renewal form along with requisite amount will be accepted between 10.30 a.m. and 5.30 p.m. on all working days except Saturday at our Office at Mazgaon Library – Mazgoan: 1stFloor, 104, GST Bhavan, Mazgaon, Mumbai – 400 010 Or Bandra Library – GST Bhavan, Ground Floor, A Wing, Bandra Kurla Complex, Bandra (East), Mumbai – 400 051. Or Mazgaon Tower-8 & 9, Mazgaon Tower, 21, Mhatar Pakhadi Road, Mazgaon, Mumbai – 400 010.
Identity (New Members)	New Members should provide the following as Identity Proof : PAN, Aadhar Card, Constitution Document. Address Proof(any one) : Electricity Bill / Passport/ Aadhar Card / Driving License/ Voter id/ Ration Card along with Membership Form
Identity Card (For Renewals)	Ordinary Local/Outstation Members should provide Two Photographs along with the Renewal Form for issue of I- cards.
Online Payment Link	Members can make online payment on our website www.gstpam.org. Members are requested to download Members Renewal form from website. Update the latest details in the form, scan it and mail at email [email protected] Payment Link: https://www.gstpam.org/online/renew-membership.php If you are login first time? Click here for create your password

We value your continuation of the membership and look forward to your renewal to this effect.

Dated:- 10.03.2025

Jatin Chheda

Rahul Thakar

Hon. Jt.Secretary

Guidance Cell Email ID for queries

Members can send their queries at [email protected]

ORDER FORM FOR GSTPAM REFERENCER 2025-26

(Members are requested to take out the photocopy of the Order Form for booking)

The Convenor,

GSTPAM Referencer Committee

The Goods & Services Tax Practitioners’ Association of Maharashtra Room No. 8 & 9, Mazgaon Tower, Mhatar Pakhadi Road,

Mazgaon, Mumbai – 400 010

Dear Sir,

Please book my/our order of GSTPAM Referencer for the year 2025-26 as given below.

The Convenor,

GSTPAM Referencer Committee

The Goods & Services Tax Practitioners’ Association of Maharashtra Room No. 8 & 9, Mazgaon Tower, Mhatar Pakhadi Road,

Mazgaon, Mumbai – 400 010

Dear Sir,

Please book my/our order of GSTPAM Referencer for the year 2025-26 as given below.

Sr.	Particulars	Price per copy if booked prior to 15th July 2025	Price per copy if booked after to 15th July 2025	Qty	Total RS.
1	GSTPAM Referencer 2025-26 Part I & II (GST, VAT & Allied Law Referencer & Updated GST Rate schedules).	700	750
2	Courier Charges (For Outstation members only) (per set)	130	130
3	Courier Charges (For Local members only) (per set)	110	110

Note:

Referencer will be published in Part I & II (for GST, VAT & Allied Laws Referencer & Updated GST rate schedules).
Applicants requiring more than 5 copies of the Referencer are required to give a request on their letter head along with the order form. Tax Practitioner’s Associations can place order in bulk quantity by making request on their letterhead signed by the Association’s President and Secretary.
Applicants will be issued receipt at the time of placing of their order. Applicants are requested to bring receipt at the time of taking the delivery of the Referencer. No delivery of the Referencer shall be given, unless the receipt for payment is submitted at the counter. If the receipt for payment is lost, than no delivery of the Referencer shall be given.

The payment for the above order of………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………… (Rupees in words) is made

herewith by Cash /Card /Cheque /Demand Draft No. ………….…………… dated ……….………………………………………………………

drawn on……………………………………………… Bank Branch, Mumbai.

Signature …………………………….

Membership Number…………………………………………….. Address.……………………………………………………………………

Name ……………………………………………………………………………………………………………..

………………………………………………………………………………………………………..

Office Tel No…………………………………… Residence Tel No……………………………………………

E-mail: …………………………………………. Mobile No.…………………………………………………

PROVISIONAL RECEIPT

Received with thanks payment of. …………………………………………………………… from ……………………………………………………vide

Cash /Card /Cheque /NEFT/Demand Draft No. …………………………. Date …………………………………………………………………drawn

on…………………………………………………………………………………… Bank ………………………………………………………………… Branch, Mumbai.

Signature ……………………………

Date…………………………………. Name of staff of GSTPAM……………………

Note:

*Please fill in all the details in the above form and send the same to the GSTPAM’s office at Tower or at Mazgaon library along with requisite payment.

*For Direct Deposit / NEFT payment – Bank of India, Mazgaon – Account No. 007020100001817, IFSC Code – BKID0000070. Acknowledgement of the same should be sent by email: [email protected] along with duly filled form.

*Online Payment Link : https://www.gstpam.org/online/purchase-publication.php

*Please mention your name and membership number on the reverse side of the Cheque / Demand Draft.

*The counter timings are from 10.30 a.m. to 5.30 p.m. on Monday to Friday.

*The Cheque / DD should be drawn in the name of “THE GOODS AND SERVICES TAX PRACTITIONERS’ ASSOCIATION OF MAHARASHTRA

74th ANNUAL GENERAL MEETING

NOTICE TO MEMBERS

NOTICE is hereby given to all the members of the Association that the 74thANNUAL GENERAL MEETING of the Association will be held on Friday, 18th July, 2025 at 1.30 p.m. at the GSTPAM Association Library Hall, Room. No. 104, 1st Floor, GST Bhavan, Mazgaon, Mumbai– 400010, to consider the following agenda:—

To read and confirm the minutes of the last Annual General Meeting held on 19thJuly,2024.
To receive and adopt the Audited Statement of Accounts of the Association, ‘Sales Tax /GST Review’ and ‘Books and Bulletin’ for the year ended 31.03.2025 and the Balance Sheet as on that date and to receive and adopt the Annual Report of the Managing Committee for the year 2024-25 (A copy of the report and accounts would be sent separately)
To appoint an Auditor for the year ending 31.03.2026 and fix his honorarium.
To receive the report of the Chief Election Officer and declare the result of the Election.
To transact any other business that may be brought with the permission of the Chair.

Place: Mumbai

Dated: 11th April, 2025

Jatin Chheda / Rahul Thakar

Hon.Jt.Secretaries

Notes:

In case there is any change the same would be communicated to all the members.
As per Article 13 of the Constitution of the GSTPAM, if the required quorum i.e. 40 members present in person is not there, the meeting shall stand adjourned and the adjourned meeting shall be held after lapse of half an hour from the appointed time at the same venue only to consider the items on the agenda circulated in the notice convening the meeting. Such adjourned meeting shall be deemed to be valid meeting with the members present forming the quorum and no other business than the one circulated shall be transacted at such adjourned meeting.
Any member desiring to seek any information on the Accounts may do so at least 3 days in advance in writing so as to enable the committee to reply to the same to the satisfaction of the member concerned.
Resolution: Any member desiring to move any resolution, other than alterations in the Articles of the Constitution of The Goods & Services Tax Practitioners’ Association of Maharashtra, in the General Meeting, should send the same duly proposed by a member and seconded by another member so as to reach the office of Association, latest by 13th June, 2025.

Contents Vol. 7 No. 10 | Mumbai |June, 2025

Topic	Writer	Page No.
Part – I
Editorial	Mayur R. Parekh	5
From the President	Mahesh Madkholkar	9
Roving Eye	D. H. Joshi	13
GST Updates	Deepali Mehta	18
Towards 75th Year – Glorious Journey of GSTPAM
Down the Memory Lane	C. B. Thakar	22
Taxability of Real Estate Transaction – Part-2
GST on Leasehold Land and Builder & Developers	Rajat Talati & Umang Talati	25
Implication of GST on construction on units under Slum Rehabilitation Authority Project	Ashit Shah	33
RCM Applicability in the case of Real Estate Sector including Applicability of Rule 80:20 in the case of Real Estate	Vikram Mehta & Vasudev Mehta	40
Life’s Uncertainties and the Importance of Preparedness	Kishor Lulla and Anil Vakharia	49
GST Implications for Clubs and Associations	Kishor Lulla	50
Is Section 75(12) a Tool for Arbitrary Recovery? Legal Analysis and Court Verdicts	Zalak Sohil Dalal	51
Section 75(7) Violation in GST: High Court Rules in Favour of Taxpayer	Pranav Mehta	56
जुन्या / वापरलेल्या वस्तूंच्या विक्रीवरील जीएसटी	Amit Lulla	58
चुकीला माफी असतेच	Kishor Lulla	62
सुप्रिम कोर्टाचा रिट्रिट्स खटल्यातील एतिहासिक निर्णय : व्यवसायासाठी बांधलेल्या मालमत्तेवर आता ITC मिळणार का ?	Kishor Lulla	64
जीएसटी अॅपिलेट ऑथोरीटीला चार महिन्यानंतर विलंब माफ करण्याचा अधिकार नाही.	Vinayak Agashe	67
Updates on Real Estate (Regulations & Development) Act, 2016	Ashwin Shah	69
Service Tax Updates	Vasudev Mehta	71
Income Tax Update – Highlights on Recent Amendments	Sonakshi Jhunjhunwala & Sunil Jhunjhunwala	74
Do You Know?	Moti B. Totlani	76
Replies to Queries	C. B. Thakar	78
Association News	Jatiin N. Chheda & Rahul Thakar	80
Part – II
From the Courts	Dhaval Talati	80
Gist of Advance Rulings	Ashit Shah	87
Part – III
Recent Amendments – Notifications/Trade Circulars
Circular No. 249/06/2025-GST New Delhi, Dated – 09-06-2025. F. No. GST/INV/DIN-Utility/2022-23		95
Filing of SPL-01/ SPL-02 where payment made through GSTR 3B and other cases		96
Advisory on filing of Amnesty applications under Section 128A of the CGST Act		96
System Validation for Filing of Refund Applications on GST Portal for QRMP Taxpayers		96
Barring of GST Return on expiry of three years		97
Advisory regarding non-editable of auto-populated liability in GSTR-3B		98
Obituary
Shri Suresh Lunawat		17
Announcements
Announcement For New Membership, Renewal of Membership & Subscription For Year 2025-26		Page 84
74th Annual General Meeting		Page 85
Prize Distribution to the children of the Members of our Association who have obtained Highest Percentage for the Academic Year 2024-25		Page 86

Your greatest weapon is your mind. Train it to see opportunities, not obstacles.

“Wishing our members a very HAPPY BIRTHDAY!!”

Members Name	Date of Birth
Latkar Abhay Vidyahdar	11- July
Bansal Jagdish Prasad	11- July
Bhagat Harishchandra Raghunath	11- July
Makwana Mukesh Narayandas	11- July
Bora Abhay Harsuklal	11- July
Visariya Ketki Damji	11- July
Goswami Umesh Bechan	11- July
Purohit Ashok Tagaram	11- July
Sharma Pankajkumar Bhikamchand	11- July
Devi Jayesh Purshottamdas	11- July
Shirawale Sagar Laxman	11- July
Datrange Sanjay Sadashiv	12- July
Salgia Atul Rajendra	12- July
Shah Atul Champaklal	12- July
Kewalramani Vijay Narayan	12- July
Pathare Ramakant Chandrakant	12- July
Darekar Sharad Sundar	12- July
Mahajan Hemant Prabhakar	12- July
Bakshi Makarand Mohan	12- July
Agrawal Pavan R	12- July
Batra Preetam Radheshyam	12- July
Ushir Prashant Parashram	12- July
Loni Shivsharanappa S	12- July
Shirude Kaustubh M	12- July
Khairnar Ajinkya Sanjay	12- July
Shintre Dattatray Vitthal	13- July
Sanghvi Yogesh Meghji	13- July
Doshi Mayur Sumatilal	13- July
Vishwakarma Umesh Ramdular	13- July
Jadhwani Khushiram Devidas	13- July
Agrawal Vishvaskumar Bajranglal	13- July
Kamble Manoj Arvind	13- July
Sontakke Shraddha Sanjeev	13- July

Members Name	Date of Birth
Ebrahim Shabbir Kaderbhoy	14- July
Bhatia D. M.	14- July
Chheda Tansukh K	14- July
Narula Gawesh Bishan	14- July
Divekar Priti Gopal	14- July
Ramani Arvind Narayan	14- July
Gothi Deepak Naran	14- July
Sutaria Anil Kumar	15- July
Jain Indermal Ganeshmal	15- July
Panwar Dhoolsingh Kesar Singh	15- July
Phalguna Kumar E	15- July
Shah Shailesh Ramniklal	15- July
Sheth Hareshkumar K	15- July
Varghese P P	15- July
Barnwal Santosh Harishankar	15- July
Mulye Bhushan Shriram	15- July
Sharma Santosh Jagat	15- July
Mishra Rakesh Narmdeshwar	15- July
Rajbhar Akhilesh Lalsoo	15- July
Yadav Sunil S.	15- July
Shende Suresh Ambarji	15- July
Wangikar Sagar Suresh	15- July
Suryawanshi Sharad D.	16- July
Chauhan Alpesh N	16- July
Kallianpur Sadanand Annappayya	17- July
Gandhi Tushar Nayansukh	17- July
Patwardhan Prakash S.	17- July
Doshi Neha Niranjan	17- July
Harale Prasad Ashok	17- July
Dand Nirmal Virachand	17- July
Sumaria Dipen Suresh	17- July
Gadhave Sandeep Harishchandra	17- July
Kenia Nitin D.	18- July

Members Name	Date of Birth
Ketkar Aditya Shreeram	18- July
Ranpise Jayesh Sitaram	18- July
Gowda Manjunath Kalappa	18- July
Abhyankar Mukund B.	18- July
Parekh Tejas Pankaj	18- July
Parikh Deepak Gunvantlal	19- July
Patne Nageshwar Mahaling	19- July
Gandhi Manish Rajnikant	19- July
Chandratre Archana Shailesh	19- July
Dave Kandarp Narhari	19- July
Radheshwar Bhavna Mohit	19- July
Choudhary Ashok	20- July
Bhatia Rajeev Nandkishore	20- July
Joshi Deepakkumar Amrutlal	20- July
Jain Vivekanand Vijaykumar	20- July
Shaikh Mohammed Ali Jafar Ali	20- July
Agrawal Amul Shankarlal	20- July
Nikam Shankar Kisan	20- July
Mody Tanmay Rajendraprasad	20- July
Ashar C. P.	21- July
Bapna Kailash C.	21- July
Mahadevan Subramanyam	21- July
Sail Vikas G.	21- July
Kamble Nitin Tulsiram	21- July
Mundada Rahul Pruthviraj	21- July
Bhat Sadanand V.	22- July
Mehta Kamlesh Navnitlal	22- July
Modi Rajendra Harkisondas	22- July
Mehta Atul Gunvatrai	22- July
Chhugani Haresh Thakur	22- July
Shukla Sanjay Abhay	22- July
Sawant Vishwas Vijay	22- July
Thakur Prashant K.	22- July
Deshmukh Sunil Jagannath	22- July
Baisane Rajesh Sitaram	22- July

Members Name	Date of Birth
Kulkarni Rahul P	23- July
Rajshekhar Veerendra Prasad	23- July
Bajaj Rajesh Ratanlal	23- July
Potdar Gaurav Ajit	23- July
Agrawal Ganesh Suresh	23- July
Dhand Mohit Kumar	23- July
Acharya Ashvin Amritlal	24- July
Chari Venktesh N.	24- July
Jakhotia Bharatbhushan Shivchandra	24- July
Manduri Krishna Satyanarayan	24- July
Yadav Darasing Badriprasad	24- July
Jain Mohit Sushil	24- July
Shah Mukesh A.	25- July
Shah Anil L	25- July
Joshi Jayant R	25- July
Agarwal Harish S	25- July
Badjate Sushilkumar S	25- July
Patel Ashish Shyamjibhai	25- July
Hasmani Vasim Abdul	25- July
Patodia Suyash Sunil	25- July
Jain Kamlesh Indramal	26- July
Khairnar S. A.	26- July
Dayma Yogesh Gokulchandra	26- July
Nandu Dheeraj Padamshi	26- July
Gala Dilip Shamji	27- July
Puranik Yogendra Ramesh	27- July
Kharde Vaishali Bhausaheb	27- July
Morale Subhash Gopinath	28- July
Prabhu Ramesh Shankar	28- July
Shaikh Mohammed Ashfaque Mohamed Husain	28- July
Samant Sadanand Prabhakar	28- July
Desai Sudhanshu H.	29- July
Mulla Javed Jafar	29- July
Sudke Prasanna G.	29- July
Jain Aashish Ashok	29- July

Members Name	Date of Birth
Deshmukh Sachin Sambhaji	29- July
Shetty Dinesh Keshav	30- July
Kadam Suresh Manohar	30- July
Pandey Ramesh Shrinath	30- July
Patil Sachin Murlidhar	30- July
Somaiya Vipul M	30- July
Sharma Dhiraj Satyanarayan	30- July
Acharya Sanjay Ramesh	31- July
Jain Rekha Kantilal	31- July
Selia Bilal Khalid	31- July
Shah Arun H.	01- Aug
Parikh Tushar Madhuvandas	01- Aug
Nalawade Eknath Dnyandeo	01- Aug
Singh Durgvijay Rikhai	01- Aug
Manoj Kumar G	01- Aug
Chandak Rajesh R.	02- Aug
Shah Rahul Rasiklal	02- Aug
Narkar Kiran Yashwant	02- Aug
Bora Trupti Anand	02- Aug
Hinge Sumedh	02- Aug
Tendulkar Sachin Vijay	03- Aug
Damle Kiran S.	03- Aug
Khasgiwala A. F.	04- Aug
Lotankar Ashok Govind	04- Aug
Bhavsar K. H.	04- Aug
Pathak Girish M	04- Aug
Tankarwala Hakimuddin Abid	04- Aug
Mehta Jay Shailesh	04- Aug
Parekh Gaurav Mayur	04- Aug

Members Name	Date of Birth
Jain Hukamichand N	05- Aug
Sheth Vijay B.	05- Aug
Yadav Ramasare Shivshankar	05- Aug
Nawal Suyog Naresh	05- Aug
Sheth Pranav Pravin	05- Aug
Deodhar Mangesh Prakash	05- Aug
Punmiya Rahul Ashok	05- Aug
Pal Anupam Hans	06- Aug
Relekar Sanjay Sharad	07- Aug
Bhatt Dushyant Kishor	07- Aug
Dedhia Hitesh V.	07- Aug
Trivedi Jaimin Shailesh	07- Aug
Nakade Ramnath Dhanaji	07- Aug
Agrawal P R	08- Aug
Kala S. M.	08- Aug
Mishra Devamani Chandrama	08- Aug
Baig Kaiser Kousar	08- Aug
Mehta Bhaven D.	08- Aug
Solanki Ashok Manilal	09- Aug
Bhonde Milind M	09- Aug
Malde Tara Ashwin	09- Aug
Chhanang Pradeep Kanayalal	09- Aug
Dhokiya Girish Dahyabhai	09- Aug
Pirankar Shashikant Krishna	10- Aug
Dias Lawrence Joaquim	10- Aug
Tiwari Vishnunand D.	10- Aug
Dedhia Viren Manilal	10- Aug
Gimonkar Prashant Uttam	10- Aug

Becoming less reactive is a huge part of growth and decreasing stress. If you let everything get you worked up, you’re damaging your mind, body and spirit.

Sr. No.	Name	Price
1	FMCG & Pharmaceutical Industry – GST Issues & Challenges	150/-
2	Mega Full Day Seminar Booklet 6.5.2023	120/-
3	Short Publication GST practical guides (5 Book Series)	555/-
4	47th RRC Lucknow Booklet	250/-
5	Mega Full Day Seminar Booklet 9.2.2024	150/-
6	48th RRC Book	250/-
7	Mega Full Day Seminar Booklet 6. 7.2024	130/-
8	Half Day Seminar Booklet 22.11.2024	100/-
9	Writ Remedies Under Indian Constitution	150/-

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