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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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GST Update on Industry wants to know-Part-I

Daily Dose of GST update on FAQ in seminar with Industries

Daily Dose of GST update on FAQ in seminar with Industries:-


These FAQs are a step forward in the series of updates on GST prepared by us on this page. These have been prepared on the basis of questions asked from us in the seminars conducted by us with various industries and feedback received by us. Various queries and questions have been raised by the industries which may or may not be thoroughly answered in the model GST law and the rules. Presenting the 1st part of the series:

Question 1: it was asked constantly that whether dual system of taxation is a necessity of the new regime and is there any way to have a single GST system throughout the country?

Answer: GST is an imported concept and it is a well known fact that India is a federal system. In such a scenario, it seems a distant probability to have a single taxation all over the country. Dual taxation is a necessity which can’t be avoided. Moreover the constitutional amendments have been carried out incorporating dual taxation and to undo it, another constitutional amendment will have to be introduced which would only take the whole process back to square one.

Question 2: Isn’t the dual jurisdiction concept only a repetition of the current system and isn’t it against the motive of GST?

Answer: yet again the current system of taxation is the major reason of dual jurisdiction. Currently the excise and service tax are under the control of the centre and the VAT is being controlled by the state government. Even now there is conflict evident on the distribution of assessees between state and centre. Even the trade associations have represented against the dual control. In the first meeting of the GST council also, it was decided that the traders below the limit of Rs. 1.5 crore will be controlled by state authorities only whereas the service tax assessees will be managed by Centre only as they are already doing it. But the conflicts arose between the centre and state over the same in the next GST council meeting. Even the associations of central Government employees and state government employees respectively have represented against the same. Hence the dual control is indispensable in current situation and so is provided in GST law also.

Question 3: What will be the rate of tax under GST?

Answer: It has not been decided yet and GST council will take a decision on the same. In the third GST council meeting, after a lot of conflict and discussion, indication were that there will not be a single GST rate but there will be multiple GST rates. The slab would comprise of 0, 6, 12, 18 and 26% as rates and 18% would be the merit rate wherein most of the items will fall. Probably the agricultural and food items will be kept exempted and majority of the goods will fall under the rate slab of 18%. However, consensus cannot be reached between state and centre and they will decide about the same in next meeting. However, multiple tax rates goes against the very principle of GST of "ONE TAX, ONE NATION."

Question 4: Will import at concessional rate of duty rules and procedure continue under the new regime?

Answer: There is no specific mention of these rules under the new regime. As the procedure is covered under the custom laws, it may remain intact but predicting anything on the new procedure and its applicability may prove to be a far-fetched imagination at this time.

Question 5: Will there be any change in the tax structure on imports of goods?

Answer: The custom duties will be applicable as it is because the customs will not be covered by the GST. Although with introduction of IGST, the excise duties and cess may get subsume in it. In place of CVD and SAD, the IGST will be applicable. There may also be a new levy in form of cess by which the centre intends to compensate the states. Hence, all existing cess like educaiton cess and Secondary and Higher education cess will go away. But a new cess will come in its place.

Question 6: What will be the treatment of difference of rates of tax on input goods and finished goods?

Answer: As of now under Central Excise and service tax, no mechanism of refund or adjustment of excess cenvat has been prescribed in cases where the rate of duty on finished goods is less than the rate of duty on inputs. But this has been prescribed in GST which is welcome step for the trade and industry. Now the refund will be granted when the rate of tax on finished goods is less than rate of tax on inputs. The refund of CGST and SGST will be granted by respective authorities.

Question 7: What will happen of the cenvat availed on the common inputs and services under the new regime and used in taxable and exempted goods.

Answer: The regime disallows the cenvat of the goods and services used in exclusively exempted goods and services. Although there is yet no prescription of the treatment of common input goods and services. It is written in draft GST law that mechanism will be prescribed for the same. It is highly probable that such mechanism will be provided in the final law.

Question 8: Will the export of goods under bond and LUT will continue under the GST?

Answer: Yes, the export under bond and LUT will continue under the new regime also. Even the refund of unutilised credit will be allowed under GST law.

Question 9: Will the rates of duty drawback be re-declared under GST?

Answer: Although there is no such statement in the model law, but it is highly probable and in a way necessary too because currently the rates comprise only excise and service tax portion but does not comprise any VAT component. To attain relevance in the changing law, the rates must be revised to keep them up to date.

Question 10: what are the new provisions regarding payment of GST on receipt of advance and its taxation?

Answer: Two most asked questions on advance are that will the asseessee have to raise the invoice on receipt of advance and whether cenvat of the tax paid on such advance will be admissible to the recipient of invoice. It is clear that tax has to be paid on the receipt of the advance but the rest two questions are yet to be answered. However, as per our opinion, the invoice can be raised when goods are supplied. For advance, no goods are supplied, hence the invoice cannot be raised. Secondly, the credit is admissible when the goods are received. But credit of GST paid on advance payment cannot be taken by recipient as he has not received the goods. Hence, there will be tax paid on advance but the credit of the same will be allowed when the goods are received by buyer.

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