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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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EXTENSION OF DUE DATES AND SOME PRECAUTIONS TO BE TAKEN IN THE AMID OF CORONA IN GST

EXTENSION OF DUE DATES AND SOME PRECAUTIONS TO BE TAKEN IN THE AMID OF CORONA IN GST

Union Finance Minister Nirmala Sitharaman yesterday announced various statutory and regulatory compliance relief measures amid a complete shutdown almost all over the country to control the spread of the highly contagious coronavirus or Covid-19 infection. All the due date for issue of notice, notification, approval order, sanction order, filing of appeal, furnishing of return, statements, applications, reports, any other documents, time limit for any compliance under the GST laws where the time limit is expiring between 20th March 2020 to 29th June 2020 shall be extended to 30th June 2020.

 Let’s discuss the compliances that need mandatorily to be done by 30th June, 2020.

1.      Application of LUT for export of goods or services without payment of IGST for the FY 2020-21-In terms of rule 96A of CGST Rules, 2017 , any registered person availing the option to supply goods or services for export without payment of IGST shall furnish, prior to export, a bond or a LUT in Form GST RFD-11. Such LUT shall be valid for the whole financial year. For the Financial Year 2020-21 facility to upload the same has been enabled on GSTN portal as well. But from above, it is not clear whether its date is also extended till 30.6.2020.

2.      Opting for Composition Scheme for FY 2020-21-In terms of rule 3(3) of CGST Rules any normal registered taxpayer who is opting to pay tax under sec 10 of CGST Act shall electronically file intimation in Form GST CMP-02, duly signed or verified through electronic verification code, on the common portal, either directly or through a Facilitation Centre notified by the Commissioner, prior to the commencement of the financial year. In terms of sec 18(4) of the CGST Act, the registered person opting to pay tax under composition scheme is required to pay an amount equal to the input tax credit in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date of exercise of option. Hence, the extension of date of option to composition scheme is welcome step. There are certain points to be remembered. Firstly, those who had opted last year for composition scheme need not to opt again for this scheme. But the person coming from normal levy can opt upto 30.6.2020 but they should start issuing under this scheme from 1.4.2020. Hence, the reversal can be done upto 30.6.2020. The person who is opting out of composition scheme has to claim the credit on stock.

3.      Banking company to opt for 50% straight forward credit- As per section 17(4) of the CGST Act, banking companies or financial institutions including a non-banking financial companies, engaged in supplying services by way of accepting deposits, extending loans or advances shall have the option to either: (i) comply with the provisions of section 17(2) i.e. amount of credit shall be restricted to so much of the input tax as is attributable to the said taxable supplies including zero-rated supplies; or (ii) avail of, every month, an amount equal to fifty per cent of the eligible input tax credit on inputs, capital goods and input services in that month and the rest shall lapse However, this option is to be availed at the beginning of the financial year and once either of the option is exercised, it shall not be withdrawn during the remaining part of the financial year. The option can be opted till 30th June, 2020 now.

4.      Option to a supplier of service in relation to the purchase or sale of foreign currency, including money changing-For the purpose of valuation, a supplier of services in relation to the purchase or sale of foreign currency, including money changing, has two options of valuation of their services and it needs to be taken at the beginning of the financial year, The option can be opted till 30th June, 2020 now.

5.    Extending the due dates for filing of TRAN-1 & 2
- The due dates have been extended to March 31, 2020, to April 30, 2020, for furnishing Form TRAN-1 & TRAN-2 by the registered taxpayers via Notification No. 02/2020 – Central Tax dated January 1, 2020. Now the taxpayers can file TRAN 1 and TRAN  2 before 30th June,2020 whose cases are recommended by GST council or not able to file these returns due to technical glitches on portal. But the demand of assessee to allow filing to those assessee who have not filed TRAN-1 and TRAN-2 has not accepted by the department inspite of number of favourable decisions from High Courts.

6.      Payment under Sabka Vishwas scheme- Payment date under Sabka Vishwas Scheme shall be extended to 30th June, 2020. No interest for this period shall be charged if paid by 30th June, 2020. The option for the scheme ended on 15.1.2020. Though the Finance minister message in Media gave an impression that date is extended to 30.6.2020. But this is not the case. The payment date under the scheme was one month from the date of issue of SVLDRS-3 but it was unofficially extended to 31.3.2020. This is confirmed from the fact that those who have not paid the amount, the extended date of 31.3.2020 was shown on portal. Now this date of payment is extended to 30.6.2020 without any interest or penalty.

7.      Extension of issuance of Advance Authorisation license – An authorization is valid for 12 months for procurement of inputs, i.e. goods must be procured within 12 months from the date of issue of authorization. Further the export of finished goods must be completed within 18 months from date of issue of Authorisation. If the EPCG license or advance authorisation license validity is expiring between the period from 20th March 2020 to 29th June 2020, then the time for extension for validity shall be started from 30th June 2020. But it is told that this will be extended on case to case basis. But it will give rise to corruption. Hence, it is requested that it should be extended in each case.
 
8.      Extension of limitation period:Supreme Court passes order extending period of limitation under all Central and State Acts with effect from 15th March, 2020 to till further orders. Supreme Court exercises its power under Article 142 to declare it as law. To obviate difficulties caused by CoronaVirus in filing petitions/ applications/ suits/ appeals/ all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State) , it is ordered that the period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws, whether condonable or not, shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings. Order is being forwarded separately.
   
9.      In a further development, cases of very urgent nature is being heard by Apex Court as well as High Courts through video confercing.In the same manner, it is requested, important issues like hearing in cases where bank accounts are attached or goods are seized or submission of statement in case audit of risky exporters should be done by digital mode. The priority can be fixed but it can be done authorities through video conferencing or through digital mode. Even the hearing in CESTAT and other appellate authority in cases of urgent nature or having high stake can be heard online.
 
10.Extension of hearing of appeals, deposition of documents against any appeal , notice etc, reply to all the orders- Due date for issue of notice, notification, approval order, sanction order, filing of appeal, furnishing of return, statements, applications, reports, any other documents, time limit for any compliance under the GST laws where the time limit is expiring between 20th March 2020 to 29th June 2020 shall be extended to 30th June 2020. Eg, If the reply of appeal to CESTAT has to be filed till 20th May,2020, then the same reply can be filed now till 30th June,2020.

 
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