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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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GST Update on Industry wants to know-Part III

Daily Dose of GST update on FAQ in seminar with Industries

INDUSTRY WANTS TO KNOW: PART 3


Question: What will be the taxation policy on agricultural goods which are primarily used in industries?
Answer: As the GST council meetings are progressing, indications are coming that agricultural goods will be taxed at 0% or they will be termed as zero rated goods. But this will be applicable only for those goods which are basically of public utility. Industry specific agricultural goods may be taxed on merit rate. It is to be noted that goods will be covered under the reverse charge mechanism and thus there is a high probability that RCM is made applicable to the agricultural goods. It will be clear only when the list is declared of goods and services.

Question: What will be the status of procedures like removal of goods at concessional rate of duty for export goods under the new regime?
Answer: The model GST law does not prescribe any such procedure for procurement of inputs. In current regime, such procedure is available for procurement under Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001. Notification43/2001-C.E. (N.T.) issued under Rule 19 of Central Excise Rules prescribes such procedure for bringing inputs under bond for manufacture of export goods. But since no such procedure is prescribed and hence the inputs for export goods are to be procured after payment of duty. The exporter can take credit of the same and apply for rebate of duty payment on final product or refund of unutilised credit. This will adversely affect the working capital requirement of export unit. They have to pay GST on their inputs and use it for manufacture of export goods. Then export them and file the refund claim with the Central Excise and state department. The time taken from payment to supplier to the time of refund, their fund will block and consequently the demand of working capital will increase.

Question: Will the Cenvat credit of SGST will be allowed if drawback is taken without cenvat credit as being allowed under current regime?
Answer: Currently the drawback rates comprise component of excise, custom and service tax only. There are two ways of claiming drawback. One is to claim the rate with cenvat credit and the other is to claim the rate without cenvat credit. After GST, VAT will also be merged and hopefully the Government will reconsider the rates of drawback and incorporate the component of SGST also. If the rates are not revised then logically the credit of SGST should be allowed as it is not considered with granting drawback rates. It will be interesting to see if the cenvat of SGST which is the new form of VAT will be allowed or not.

Question: Will the cenvat of excise of goods in stock be allowed to traders after implementation of GST?
Answer: It is a big question embroiling the minds of the assessees especially the traders. The transitional provisions facilitate the availment of cenvat of goods in stock where the earlier exempted goods become taxable under the new regime. They also facilitate the carry forward of cenvat lying in balance of the previous return. Following the same, the credit of VAT balance with traders will be allowed to carry forward as SGST credit. But there is no provision for traders to avail the cenvat credit of excise on the goods lying in the stock. Currently the VAT rates vary between 2-14% and most likely the new rates under GST will be 18% (subject to contradictory provisions). In such a scenario, traders will be forced to pay the duty in cash for the initial period till the old stock lasts. Clarification is a must on this special case.

Question: What will be the status of DFIA scheme under the new regime?
Answer: Currently DFIA scheme is operational on exports where the benefit of scheme is availed with a condition of cenvat not being availed. In the new regime, if an assessee wants to avail the cenvat in case where scheme becomes non operational, the question raises whether he will be entitled to the cenvat on the stock lying. Also if he is a manufacturer of exempted goods which post GST becomes taxable, whether he will be eligible to the cenvat of the stock lying with him. All these questions are unanswered as of now and we will have to wait till these are answered.

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