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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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COMPLIANCE ON CANCELLATION OF REGISTRATION UNDER REVISED GST LAW

COMPLIANCE ON CANCELLATION OF REGISTRATION UNDER REVISED GST LAW

GST DAILY DOSE OF UPDATION

COMPLIANCE ON CANCELLATION OF REGISTRATION UNDER REVISED GST LAW:-

At present, the manufacturers/dealers registered under the Central Excise Act, 1944 have the option to surrender their registration if they intend to close their operations but there is no liability or legal compliance to be discharged on cancellation of the registration. However, the situation is not same in the proposed GST regime as the assessee is required to discharge tax and is also required to file final return under section 40 of the Revised GST Law.

According to section 26(7) of the Revised GST Law, every registered taxable person whose registration is cancelled shall pay an amount equivalent to credit of input tax credit held in stock of goods (including inputs, semi-finished goods and finished goods) immediately preceding the date of cancellation or the output tax payable on such goods whichever is higher. Moreover, the assessee will also be required to pay an amount equal to input tax credit taken on capital goods reduced by prescribed percentage points or tax on transaction value, whichever is higher. Apart from making the payment of tax, the assessee is also required to file final return within three months from the date of cancellation or date of cancellation order, whichever is later.

It is also worth noting that if the draft format of Final Return released in GSTR-10 is observed, it is found that payment of amount as discussed above is required to be made for inputs as such, inputs contained in semi-finished goods, inputs contained in finished goods, capital goods and even input services. The assessee can compute the value of inputs contained in the stock of goods as on the date of cancellation but it is extremely difficult to compute the input tax credit of input services contained in the stock of goods. Moreover, there might be dispute as regards whether reversal of credit of input services directly related to the stock of goods is required like transportation services for bringing inputs in the premises or whether input service credit indirectly pertaining to the stock of goods such as telephone services, security services etc. is also required to be reversed. Furthermore, there will be immense litigation as regards the quantum of input tax credit to be reversed in case of input services. At present, there is no such provision as there is no requirement to pay any amount on stock of goods held on the date of surrender of registration. The incorporation of above provision will lead to more litigation, even on exit by the assessees. It is also submitted that determination of transaction value may also be a point of dispute as assessee may treat the value of goods held in stock as of lower value but the revenue department may argue that the said goods will fetch the same value as before. This will make the exit procedure also cumbersome for the assessees.

If the old draft of GST law is pursued, it is found that Schedule-I of the Old GST Law prescribed matters to be treated as supply without consideration which also mentioned the assets retained after deregistration which meant that assets on which no credit was taken were also treated as supply on deregistration. Not only this, permanent transfer or disposal of business assets was also considered as supply without consideration so as to levy tax irrespective of fact whether input tax credit was availed on such assets or not. However, this provision has been dispensed with in the revised GST law and now, only permanent transfer or disposal of business assets where input tax credit has been availed has been mentioned in Schedule-I thereby meaning that tax would be leviable by treating such assets as supply without consideration only if input tax credit has been availed. This provision is welcomed and appreciated by the assessees.

 

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