Walmart-owned e commerce company Flipkart is ‘very likely’ to move the High Court against a ruling by West Bengal’s Appellate Authority for Advance Ruling (WAAAR) on the issue of GST on delivery charges, say experts. Analysts believe the litigation in the High Court will be closely watched by the entire e-commerce and logistics sector. Also, High Court ruling will end confusion caused by contrary rulings by different Authority for Advance Ruing (AAR).

In its ruling, WBAAAR set aside the ruling by WBAAR and said that delivery activities undertaken by Flipkart include hub-based collection, sorting, transshipment, tracking, last-mile delivery and doorstep handover and these substantially resemble organised courier/logistics fulfilment service rather than conventional GTA (Goods Transport Agency) service. Accordingly, the respondent ‘s (Flipkart) activity cannot be classified as GTA services supplied to unregistered end customers; hence, no exemption is available. Further, 18 per cent GST will be levied.

The big question is will Flipkart move to a higher judicial forum. “Very likely as there is merit in the argument (by the company before WBAAAR),” person aware of the matter said. Adding to this, an industry executive from the logistics industry said, “With help from e commerce platforms, Indian small businesses get market access efficiently and cheaply (as PM said vocal for local) and customers get products cheaply.  It’s almost an essentials services and government needs to look at this more broadly in line with what the Prime Minister has been advocating for vocal for local.”

Another executive from logistics industry urged the government to rethink the role of logistics (efficient logistics) in digital commerce and formalisation-led growth.  Also, in this case there was an advance ruling to support this. “There have been differing advance rulings on the issue and the matter involves important questions around classification and interpretation under the GST framework,” he said.

As digital commerce continues to expand across India, there is perhaps a larger policy conversation around the role efficient logistics networks play in enabling market access, affordability, formalization and participation for smaller businesses and consumers across the country. Over time, “these ecosystems have become an important part of how regional businesses and consumers connect to the wider digital economy,” he said.

Commenting on the whole issue, Ikesh Nagpal, Lead-Indirect Tax at AKM Global said that while the AAAR ruling is technically binding only on the applicant and the concerned jurisdictional authorities, the issue is likely to be closely watched across the e-commerce and logistics sector, particularly as it has now taken a more significant turn. “If Flipkart decides to challenge the ruling before the High Court, it would be interesting to see how the Court approaches the issue, especially whether GST classification of GTA services should depend primarily on contractual documentation and issuance of a ‘consignment note’, or on the broader commercial substance and operational reality of modern e-commerce and last-mile delivery models,” he said.

A central issue is whether modern logistics with sorting hubs, tracking, and integrated delivery should be denied GTA treatment merely because it is more efficient or technologically advanced. “The High Court’s eventual view, if the matter is litigated, could have wider ramifications for the tax treatment of logistics and fulfilment models across the industry,” he said.

Published on May 17, 2026