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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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GST Update on Industry wants to know-Part-II

Daily Dose of GST update on FAQ in seminar with Industries

INDUSTRY WANTS TO KNOW – PART 2

Here is the 2nd installment to the series where we try to find answers to the unanswered questions and queries coming from the trade and industry.

Question: How will the transitional provisions operate in the new regime? Whether credit will be available on finished goods which were exempted earlier but taxable under GST?

Answer: Transitional provisions have been prescribed in section 141 to section 162E of Model GST law. In brief, it facilitates availment of cenvat credit which will be carried forward from the old regime to the new regime. Primarily the cenvat reflecting as closing balance in the last excise/service tax/VAT returns will be carried forward as opening balance of cenvat under GST. Simultaneously, stock of such goods which were earlier exempted under old regime but are taxable in the new law shall also be considered for availing cenvat. The credit on stock of inputs for such finished goods will be allowed under GST. One important thing to note here is that the cenvat on exempted goods shall be eligible only if the goods are chargeable to GST under the new regime of GST. In cases where they are still exempted goods in the new regime then no credit will be admissible. Even if after a certain period they are declared as taxable goods, no enabling provision is there to avail cenvat of stock of such goods.

Question: Can a particular factory practice different transitional provision for different goods manufactured in that same factory? It means that if a factory has taxable final product as well as exempted taxable goods under old regime and these are both chargeable to duty under the new era of GST then credit on both of them will be available under transitional provisions?

Answer: This is a question which is subject to a lot of interpretation. Suppose a factory manufactures both taxable and exempted goods. In the transitional phase, section 143(Amount of CENVAT credit carried forward in a return to be allowed as input tax credit) will be applicable on taxable goods and section 145(Credit of eligible duties and taxes in respect of inputs held in stock to be allowed in certain situations) will be applicable on exempted goods. Now the question is that whether both the sections can be applicable simultaneously for a single factory on both type of products. Going by a logical view and looking at the assessee friendly intention of the law, there should not be any bar on simultaneous application of these provisions but still it will be open to interpretation of the law.

Question: How the new registration norms for business verticals will have to be implemented? To be specific, even if an assessee having two factories with two separate registration number is operating within a state and he is required to obtain only one registration under new GST law then how his registration will be migrated under the new law?

Answer: It is proposed that business verticals within a state can opt for single registration based on individual discretion. Although it is a choice given to the assessees but still it should be noted that if a person opts for single registration then it is to be seen how the GSTN allows him to migrate under the new GST law as a single registration. No procedure has been prescribed but we hope that the GSTN will come with a solution and it is not difficult also becuase registration is PAN based.

Question: How the different units of same person having same registration will operate under GST? How they will maintain accounts as well as issue invoices?

Answer: No procedure is prescribed for units having single registration will have to issue a common invoice or can maintain different set of invoices. If the start same serial number of invoices for both the units then they will face difficulty in filing of return. Such problem will also arise for keeping records of stock. Whether there will be consolidated books of accounts which will be very difficult unless and until they have a software which allows such maintenance. If they maintain the separate invoice, separate inventory then how to file the returns. If the audit or anti evasion comes, how they will reconcile the things. These questions are to be answered and the GST authorities will prescribe the procedure for the same.

Question: How the transitional provisions will apply when an assessee had two different registration under earlier law but now have a single registration under GST. On the contrary, if he had single VAT registration and now decides to have separate registration then how he will distribute the credit of VAT under separate units.

Answer:- No provision has been prescribed for the same. Logically we can say that the credit of units registered separately should be clubbed together. Even there is no procedure for separation of VAT. Such practical problems should be represented before the appropriate authorities so that timely solution can be obtained in this regard.

Question:-what are the consequences of an invalid return and are there any remedies to it?

Answer: If a supplier fails to pay the taxes due then the return filed by him will be deemed to be invalid and the grave consequence of it will be that the buyer/receiver of the goods and services will not be able to avail the cenvat of the taxes paid by him on procurement of such goods and services. The credit paid by supplier will be added in his liability and buyer has to pay the tax.

The only remedy provided in the law is that if the supplier pays his dues then the return will again gain validity but this not without its own ifs and buts. A whole lot of communications will have to be gone through to rectify the mismatch and then only such cenvat will be eligible. The new law in this regards seems regressive rather than being progressive as it puts the burden of default of supplier on the buyer which is actually unjust enrichment.

Question: If to avail the cenvat, the buyer pays the dues of the supplier, what will be the consequences of the same? To be more specific, can a buyer pay the amount of GST directly in Government account in the name of supplier? In that case, whether the credit passed on by the supplier will not be added to buyer?

Answer: As such there is no provision facilitating this kind of arrangement. It would need a well designed mechanism to track these kinds of adjustments. But overall, resorting to this kind of mechanism will prove to be non-practical in the long run. This is because the supplier must have supplied material to other buyers. Even if a single buyer pays his amount then also he will be defaulter for other buyers. In that case also, the amount will be added in the liability of buyer and credit will be disallowed to him.

Question:- Whether the buyer withhold the amount of supplier till the time valid return is filed by him and credit is passed on to him?

Answer:- There is no such provision in draft GST law. But it seems to be more practical solution to this problem. But it will not operate when supplier is in commanding position. Sometimes we have to make advance payment for procurement of inputs. The most feasible position is that we should represent to the government to bring a much more practical mechanism.

Question: Whether reverse charge mechanism will continue on the good transport agents? What will the treatment of cenvat? Whether the credit will be available of GST paid on freight outward?

Answer: Another question being constantly raised is that if the GTA will continue to be taxed under RCM scheme. If we look at the draft law there is provision of RCM but the goods or services covered under the same is not specifically mentioned. However draft procedure for the invoice format, the situation may look contradictory. The invoice format has separate column to mention if the tax is to be paid by the consignor or the consignee which implies that reverse charge is applicable on transporter under GST also.

Another big question is that of the cenvat credit of GST paid on the GTA outward. Currently it has been under a lot of litigation with decisions flowing in both in favor and against. Will its cenvat be eligible under the new regime or not is also subject to interpretation but as of now, there is no restraining provision in the new law to bar such cenvat. The current definition of input services uses terms like place of removal in Cenvat credit Rules that has generated a lot of litigation. But the new definition is free from use of such terms. Still it has to be waited and seen that what the new provisions will have to offer.

We will carry some other questions in our next update.

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