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Gujarat High Court: Retrospective 70:30 GST Ratio Alone Cannot Establish Section 74 Fraud for Solar Projects

The Gujarat High Court reportedly quashed a Section 74 notice and order against Zodiac Energy, finding retrospective use of the 70:30 GST ratio alone insufficient to establish fraud or suppression.
From TheFinanceBase Team3 min to read
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According to a LawLens report, the Gujarat High Court quashed a GST show-cause notice and order against Zodiac Energy Ltd. because retrospective application of the 70:30 valuation ratio, by itself, could not establish the fraud, wilful misstatement or suppression required to invoke Section 74. The reported ruling is narrow: it did not decide whether the company’s invoices used the correct GST rates, and it left room for further proceedings where permitted by law.

What the reported ruling says

In Zodiac Energy Ltd. vs State of Gujarat, reportedly decided on 29 September 2026, the company challenged a Section 74 notice and a subsequent GST order concerning supplies and installation of solar power generating systems under composite contracts. LawLens reports that the notice alleged the company had paid tax at 5% without applying the 70:30 goods-and-services valuation ratio.

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The report says the High Court rejected the idea that applying the ratio retrospectively was, on its own, enough to establish fraud, wilful misstatement or suppression. Those are the grounds relied on for Section 74 proceedings; a later valuation treatment does not by itself establish the taxpayer’s conduct necessary to invoke them.

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LawLens identifies the challenged show-cause notice as dated 30 June 2025 and the Form GST DRC-07 order as dated 24 December 2025. The reported result was to quash both. The linked judgment text was not available in the material reviewed, so the case-specific account and result here are attributed to the LawLens report rather than presented as independently verified quotations from the judgment. LawLens case report

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What the 70:30 ratio means, and when it applied

The 70:30 ratio is a valuation split for GST treatment of renewable-energy projects: 70% of the contract value is treated as goods and 30% as services. It is not a finding that every solar contract has the same components or that every invoice is automatically compliant.

GST Council agenda material describes Notification No. 24/2018-Central Tax (Rate) as prescribing the method from 1 January 2019. The Council’s 45th-meeting agenda records a Fitment Committee recommendation that taxpayers could use the method for solar projects completed before that date, while refunds would not be provided where tax had already been paid on the full contract value at 18%. This is policy history, not the court’s finding about Zodiac Energy. GST Council 45th-meeting agenda note

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A separate 2019 GST Council agenda note says the Fitment Committee considered the ratio reasonable, drawing on industry data, benchmark capital-cost material from the Uttarakhand Electricity Regulatory Commission and a CERC pass-through order. The note reports EPC contractor data in which about 66% of solar plant capital-cost components attracted 5% GST and 34% attracted 18% or 28%; those figures describe the data considered by the committee, not a universal composition or a fact found by the court. GST Council 37th-meeting agenda note

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Why the date and the legal question matter

Issue Before 1 January 2019 From 1 January 2019
70:30 method The Council’s 45th-meeting agenda records a recommendation allowing use for earlier solar projects. The Council agenda describes the method as prescribed from this date.
Section 74 question in the reported case Whether retrospective treatment alone could establish fraud, wilful misstatement or suppression. The report says further proceedings for 1 January–31 March 2019 could be considered where law allowed.
Invoice-rate compliance Not resolved by the reported ruling. Not resolved by the reported ruling.

The distinction is between the valuation policy and the legal basis for a particular enforcement route. The reported decision concerns whether the retrospective ratio could, by itself, justify Section 74; it does not establish that no tax was due or that all solar-project assessments are barred.

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What the ruling leaves open

LawLens says the authorities remained free to examine whether invoice lines complied with the applicable rate notifications. It also reports that fresh proceedings for 1 January to 31 March 2019 could be considered where the law permitted. Those open issues mean quashing this notice and order did not settle the underlying rate treatment for every supply or period.

The available account does not provide a directly verified verbatim judicial statement or the signed judgment’s full reasoning. The precise case number, instruments and operative directions should therefore be checked against the signed judgment before relying on this as a case citation.

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