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Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

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Clarification regarding amendment made during the 28th meeting of GST council

Clarification regarding amendment made during the 28th meeting of GST council
Clarification regarding amendment made during the 28th meeting of GST council
 
We have prepared a number of updates on decisions taken in 28th GST council meeting. Some of them are already amended by way of notification while for others, CGST (Amendment) bill, 2018, IGST (Amendment ) bill, 2018, UTGST (Amendment) bill, 2018 and GST (Compensation to States) bill, 2018 were presented before Lokh Sabha. This has been passed by both houses and president assent has been granted and it has been published in official gazette on 29/08/2018. All three CGST Act, IGST act and UGST Act has been amended. But SGST act is to be amended and it has to be passed by state assemblies. This means that amendment made for CGST and IGST act is applicable but these amendments are not applicable for SGST. It will create confusions. A clarification from the department should come in this regard.
 
Today’s GST update deals with the recommendation made in 28th meeting of GST council. In this meeting many points were put forward, among those there was a point of recovery of dues by the government from the registered taxpayer. It enumerates that recovery can be made from distinct persons, even if present in different state/union territory.
 
Presently, Section 25(4) of CGST Act,2017 reads as follows:-
“A person who has obtained or is required to obtain more than one registration, whether in one state or union territory or more than one state or union territory shall, in respect of each such registration, be treated as distinct persons.”
 
Hence, a person having same PAN number but having different registration is termed as distinct person. The returns are to be filed separately. Even the transfer of goods or services from one registration to another is termed as supply and GST is to be paid on the same.
 
But amendment is Section 79 is done by clasue 24 of GST (Amendment) Bill, 2018 which adds a explanation which reads as follows:-
 
Explanation.––For the purposes of this section, the word person shall include “distinct persons” as referred to in sub-section (4) or, as the case may be, sub-section (5) of section 25.
 
Section 79 relates to recovery proceedings and this explanation has clearly held that person will include “distinct person”. Hence, recovery of a unit can be made from other registered unit having same PAN number. This means now at the time of recovery of tax, the authorities can collect the tax from the other entities of the registered person operating in same state or different states of India.
 
With this amendment though the government had tried to widen the scope of recovery of amount due but such step would also now bring in certain hurdles. One such problem faced can be recovery can now be made from refund due to distinct person. But supposing this demand has been set aside by appellate authority or Courts then the refund will be granted to registration person from whom the amount is due or it will be refunded again to the distinct person from the recovery was made. 
 
Further, we would also like to throw some light on the fact that excess credit lying in one unit cannot be used by other unit having different registration but same PAN. But it can be done when the recovery is made by officer under Section 79 of CGST Act. Hence, the officer can do it but the person at its own cannot do it. This is very absurd position. This can be understood with the help of an example.  A person having registration in one state has the liability of Rs. 1 crore and the credit lying with him is Rs. 80 lakh. But he is not able to pay the balance amount in cash. As such, he cannot file the return. The same assessee has another unit registered separately and excess credit is lying with him in this registration. He himself cannot pay the amount due in unit-I from excess credit lying in unit-II. Now if the recovery proceeding is started by officer under Section 79 for unit-I  then the officer can recover the same from unit-II.  This clarifies that although credit amount is lying with unit-II then also Unit-I of same person cannot adjust suo motto but it can be done by officer in recovery proceedings.  But starting of recovery proceedings takes much time. This will lead to unnecessary interest liability on the person. One and same person is having balance but not able to adjust it due to lacuna created by law.  Hence, the adjustment should be allowed to assessee at its own.
 
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