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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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TRANSITION OF ASSESSEES PAYING SERVICE TAX ON RECEIPT BASIS IN GST

GST DAILY DOSE OF UPDATION

 
TRANSITION OF ASSESSEES PAYING SERVICE TAX ON RECEIPT BASIS IN GST:
 
 
In the current service tax regime, the rate of service tax is determined by the Point of Taxation Rules, 2011. However, to provide relief to specified professionals working on small scale, special provision was introduced for individuals, partnership firms, LLPs wherein specified professionals having total receipts of Rs. 50 Lakhs or less in the previous financial year from all premises. The point of taxation for such specified professionals was stated to be date of receipt of payment in order to enable them to pay service tax on receipt basis rather than accrual basis. It is pertinent to mention that prior to 01.04.2012, the provision was contained in Rule 7(c) of the Point of Taxation Rules, 2011 but the same has been omitted w.e.f. 1.4.2012. However, the benefit has been continued to be provided to the assessee and only the position of the benefit has been changed. The provision has been shifted to fourth proviso to Rule 6(1) of the Service Tax Rules, 1994 containing the provisions pertaining to payment of service tax. It has been provided that the individuals, partnership firm and one man companies whose aggregate value of taxable services provided from one or more premises is 50 lakh rupees or less in the previous financial year, the service provider has the option to pay tax on taxable services provided or agreed to be provided by the specified dates in which payment is received. The effect of shifting the provision is that prior to 01.04.2012, the point of taxation for specified assessees was date of receipt of payment but now, the benefit has been extended by way of facility to pay service tax on receipt of consideration. Hence, the point of taxation for such specified assessees is governed by general rule and only the benefit of payment of service tax is given on receipt of consideration.  
 
 
The present update is concerned with the difficulties that the specified assessees would be facing while switching to the new GST regime because there is no such benefit under the proposed GST regime. Now, a big question stands in front of the assessees that have opted for payment of service tax on receipt basis that how they will be discharging their service tax liability in the GST regime for the payments received relating to prior periods. The answer probably lies in section 188 of the revised GST draft law pertaining to transitional provisions which states that:
 
Taxability of supply of services in certain cases
 
Notwithstanding anything contained in section 13 or 14, the tax in respect of the taxable services shall be payable under the earlier law to the extent the point of taxation in respect of such services arose before the appointed day.
 
Explanation: Where the portion of the supply of services is not covered by this
Section, such portion shall be liable to tax under this Act.
 
This section probably resolves the problem that the specified assessees would face on implementation of GST. This is for the reason that the general rules of point of taxation would apply for specified assessees also according to which if the invoice has been issued and service has been provided prior to implementation of GST, the point of taxation would be in the present service tax law and the tax shall be payable as per the present service tax laws. However, no mechanism of payment has been prescribed as to whether the amount would be payable as service tax or GST and how will it be reflected in the returns by the assessee is also question that remains unanswered. Moreover, if the tax is required to be paid as GST, whether the possible GST rate of 18% would be payable ? In our opinion, since the point of taxation has arose prior to GST, the service tax applicable during the relevant period will only be payable but the government is very unpredictable as similar problem was faced by such specified assessees when the rate of service tax was increased from 10.3% to 12.36%. It is pertinent to mention that during that time, clarification was issued vide Circular No. 154/5/2012-ST dated 28.03.2012 and Circular No. 158/9/2012-ST dated 08.05.2012 wherein it was stated that such specified assessees were required to pay increased service tax. However, these two circulars were challenged and quashed by the Hon’ble Delhi High Court in the case of DELHI CHARTERED ACCOUNTANTS SOCIETY VERSUS UNION OF INDIA [2013 (29) S.T.R. 461 (DEL)]. It is submitted that although, as per provisions it is understood that the service tax applicable during the material time will be payable by specified assessees but government is free to issue clarifications as mentioned above. Moreover, if the assessee is compelled to pay GST at the rate of 18%, what will be the fate of extra 3% payable by him? Whether the extra 3% can be recovered from the service recipients and whether credit will be passed on is also not clear. Well, the true colours of the proposed law and the difficulties faced by the assessees on transition will be revealed only after implementation of the revolutionary taxation reform.
 
 
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PRADEEP JAIN, F.C.A.

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