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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 106 ON VALIDITY OF MANUAL FILLING IN GST ERA

GST UPDATE 106 ON VALIDITY OF MANUAL FILLING IN GST ERA
Government had introduced GST regime with an intention to simplify tax laws and reduce the compliances faced by the taxpayers. Consequently, compliances were digitalized including filing of refund applications online. However, at times, the intended benefit is diluted in procedural irregularities. Recently, one case was reported wherein the matter travelled upto Hon’ble Bombay High Court in the case of LAXMI ORGANIC INDUSTRIES LTD. V/S UNION OF INDIA (WRIT PETITION NO. 7861 OF 2021) wherein refund claim was denied on the grounds that it was filed manually which is not permissible in GST era. The analysis of the judgment is the subject matter of our today’s update. This issue involved in the case is regarding validity of manual filing of refund claim rather than electronic filing on the GST portal. In the given case, assessee failed to upload “Statement 5B” along with refund application on the portal. Hence, a manual application of refund was filed. However, it was returned back by the department without processing the refund claims. As per the impugned order, refund application is required to be filed online in form GST RFD 01, w.e.f. 26th September 2019 which is also supported by Circular No. 125/44/2019-GST dated 18th November 2019. The petitioner requested to issue Writ of Certiorari seeking relief for processing of refund application filed manually. The petitioner invited attention to Rule 97A of CGST Rules, 2017 which starts with “Non-Obstante” clause and validates manual filing of any application, intimation, reply or declaration which is otherwise required to be filed electronically on GST portal. The Hon’ble High Court allowed the petition by concluding that the refund application can be filed manually or electronically and the department has to process the said refund within stipulated time period. The High Court held that departmental officers cannot ignore the provisions contained in Rule 97A of CGST Rules, 2017 in the garb of clarification issued for electronic filing of various applications. It was held that the revenue authorities do not have liberty to elect and apply any laws or instructions as per their sweet will and rather they are required to adhere to the provisions of law. It is often observed that clarifications issued are taken as tool to deny the substantial benefit available to the assessees. In the present case also, the clarification issued for electronic filing of various applications was relied upon for non-acceptance of manual refund application filed by the assessee. However, the provision contained in Rule 97A supported the contention of the assessee regarding manual filing of refund application to be at par with online applications. It is settled principle of law that clarifications issued by Board are binding on the revenue authorities but assessees are not bound by it and may challenge its validity, particularly when it is contrary to the provision contained in statutory rules. Reliance may be placed on the Apex Court decision in the case of COMMISSIONER OF C.EX., BOLPUR VS RATAN MELTING & WIRE INDUSTRIES [2008 (231) E.L.T. 22 (S.C.)] wherein it was held that a circular which is contrary to the statutory provisions has no existence in law. If the contention of the departmental authorities is accepted that manual filing of refund application is not at all possible, it will defeat the very basic purpose of Rule 97A which is not proper. Thus, digitization is a step initiated by the department with an intention to bring uniformity and reduce paper work for the convenience of assessees but in exceptional circumstances of technical glitches, manual filing should also be acceptable. Another example of this proposition is allowing manual filing of TRAN-1 by various High Courts due to technical glitches faced by the assessees. Hence, the substantial benefit cannot be denied on account of procedural or technical infractions in compliance of law.
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