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Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

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COMPILATIONS OF ALL THE NOTIFICATIONS ISSUED ON 15.11.2017

COMPILATIONS OF ALL THE NOTIFICATIONS ISSUED ON 15.11.2017

Recently 23rd GST council meeting has been held in which various decisions were declared. All the notifications were issued recently in this respect. Lets summarise this with the help of this update-

• Notification 66/2017 CT dated 15.11.2017 has been notified stating that all registered person other than person registered under composition scheme is not required to pay tax on advance received on supply of goods. The notification exempts all taxpayers from payment of tax on advances received in case of supply of goods. This notification has superseded the earlier notification no. 40/2017 CT dated 13.10.2017.
This mean that the composition scheme dealer has to pay the taxes on advances. All other assessee need not to pay the tax on advances. We are failed to understand why this provision has been kept for composition scheme?
Secondly, this is applicable on supply of goods only and not supply of services. Hence, there is no need to pay the GST on advance received for supply of goods. But service providers will continue to pay GST on advance received.

Lastly, there is no limit for non-payment of GST on advance received. Earlier it was contended that the exemption is available to assessee of turnover of Rs. 1.5 crore. But this notification has clarified that it is applicable to all except those who has opted for composition scheme.

• Notification 65/2017 CT dated 15.11.2017 exempt suppliers of services through an e-commerce platform from obtaining compulsory registration. As a result, all service providers, whether supplying intra-State, inter-State or through e-commerce operator, will be exempt from obtaining GST registration, provided their aggregate turnover is below the twenty lacs. Earlier there was compulsory registration under such persons.
• Notification 64/2017 CT dated 15.11.2017 specifies that from October 2017 onwards, if the total amount of central tax payable is nil;says that there will be less liability the late fees will be paid as Rs. 10/- per day under CGST Act. The interpretation of this says that this less late fee will be payable if the liability of CGST is nil. If there is liability of IGST Act but no liability in CGST then also the less amount will be payable. Although it seems to be very absurd interpretation but notification reads like that only.
In case there is tax to be paid then late fees is increased to Rs.25/- per day. This late fees reduction is in respect of GSTR 3B. For the other returns, the normal late fee of Rs. 200/- per day will be payable.
• Due dates of many returns have been extended as follows vide notification-

S. No. Notification No. FORM and Details Previous due date Revised due date
1 63/2017-Central Tax, dt. 15-11-2017 GST ITC-04 for the quarter July-September, 2017 25.10.2017 31.12.2017
2 62/2017-Central Tax, dt. 15-11-2017 GSTR-6 for July, 2017 for Input Service Distributor 13.08.2017 31.12.2017
3 61/2017-Central Tax ,dt. 15-11-2017 GSTR-5A for the month of July, 2017, August, 2017, September, 2017 and October, 2017 by a person supplying online information and database access or retrieval services from a place outside India to a non-taxable online recipient 20.11.2017 15.12.2017
4 60/2017-Central Tax ,dt. 15-11-2017 GSTR-5 to be filed by non resident taxable person for the month of July, 2017, August, 2017, September, 2017 and October, 2017 11.12.2017
5 59/2017-Central Tax ,dt. 15-11-2017 GSTR-4 for composition supplier for quarter July-Sept, 2017 15.11.2017 24.12.2017

• Notification 58/2017-Central Tax ,dt. 15-11-2017 prescribes the due date for filing of GSTR 1 for assesses having turnover above 1.5 crores. GSTR-1 to be filed on monthly basis

Tax period Due date
July-Oct 31st Dec 2017
Nov 10th Jan 2018
Dec 10th Feb 2018
Jan 10th Mar 2018
Feb 10th April 2018
Mar 10th May 2018
Time limit of filing GSTR-2 and GSTR-3 for the months of July, 2017 to March 2018 will be decided soon. Although the press conference by FM said that the GSTR-2 and GSTR-3 are deferred upto March 31, 2018 but the press release say that time limit will be decided soon.
Meanwhile GSTR-1 can be continue to be filed without compulsion of filing GSTR-2 and GSTR-3 of previous month.

• Notification 57/2017-Central Tax ,dt. 15-11-2017 prescribes the due date for filing of GSTR 1 for assesses having turnover upto Rs. 1.5 crores on quarterly basis. Due dates of FORM GSTR-1 are prescribed as follows:-

Tax period Due date
Jul- Sep 31st Dec 2017
Oct- Dec 15th Feb 2018
Jan- Mar 30th April 2018
Time limit of filing GSTR-2 and GSTR-3 for the months of July, 2017 to March 2018 will be decided soon. Again there is dispute in press conference and press release.
• Notification 56/2017- CT, dt. 15-11-2017 states that FORM GSTR-3B along with payment of tax has been continued till March, 2018. It has to be filed by all the tax payers by 20th of the succeeding month.
Although it was said earlier that the person having turnover below Rs. 1.5 crore need to file quarterly return and pay tax on quarterly basis. But the notification is going contrary to the same. It says only GSTR-1 is to be filed on quarterly basis but the GSTR-3B to be filed monthly basis. Hence the tax is to be paid on monthly basis.

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