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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 MSME exemption limit doubled to Rs 40 lakh

GST UPDATE MSME exemption limit doubled to Rs 40 lakh
MSME exemption limit doubled to Rs 40 lakh
 
The 32 GST council meeting concluded on 10 Jan 2019 provides major relief to MSME’s. The GST Council decided to double the exemption limit for Goods and Services Tax registration to Rs 40 lakh from Rs 20 lakh to ease cost of compliance for MSME’s who are engaged in supply of goods. No relaxation has been given to supplier of services.
This means businesses with an annual turnover under Rs 40 lakhs will now be exempted from registration and payment of GST. In case of special category states such as North-Eastern and hilly states, the exemption limit will be doubled to Rs 20 lakh. However, this exemption limit would be applicable from 1st April, 2019 after passing required amendment bill.
States have been given an option to increase the exemption limit to Rs 40 lakh and will be given the discretion to opt for lower exemption and registration limit. States would have the option to decide about one of the limits within a week’s time.
Now the following questions pop up in the mind as we do the depth analysis of recommended exemption limit. The question is being explained with the help of an example; a taxpayer is registered in Rajasthan wherein threshold limit is 20 lacs. He wants to commence his business in Haryana as well with the same PAN where the threshold limit decided by the government is 40 lacs.
However, at present his turnover in Rajasthan is 30 lacs.
As per section 2(6) of the CGST Act, 2017, “Aggregate turnover” means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-state supplies of persons having the same Permanent Account Number, to be computed on an all-India basis but excludes Central tax, State tax, Union territory tax, Integrated tax and cess.
Since in the discussed example, his turnover on PAN India basis exceeds 20 lacs, he will be required to compulsorily register in state of Rajasthan under the GST regime as per Section 22(1) of the CGST Act, 2017. If he registers in state of Rajasthan then he cannot avail the exemption limit of Rs. 40 Lakh in Haryana State.
In the same example, if the taxpayer gets registered in Haryana with different PAN. He can enjoy the threshold limit of 40 lacs and need not to get registered if his aggregate turnover for that particular PAN is within the 40 lacs.
GST law was implemented with the basic motive of One Nation, One tax. This decision has given the option to States to choose their own exemption limit of registration. This will create disparity between different states of country regarding registration limits and discrimination between the taxpayers registered in different states.
In addition to this, if the taxpayer wants to withdraw his registration from April 2019 onwards as his estimated turnover for the upcoming financial years will be limited to 40 lacs, when he would be required to surrender registration?
Every registered taxpayer is required to file his GSTR 3B return till the 20th of the next month. Taxpayers would be required to file return of March 2019 month till 20th April 2019. This indicates that he cannot surrender his certificate before 20th April. Then even if he surrender it on 20th April, what about the sales done between the period 1st April 2019 till his surrender application is approved by the department. The question arises whether he should charge GST between this period?
One more demarcation in this decision is pertaining to applicability of exemption limit to taxpayers who are earning ancillary income of interest from FDR, rent from residential property etc. Denying exemption to these taxpayers will put such assessees at disadvantageous position.
Well, confusions are inbuilt in the newly implemented GST regime and are expected that the same would be resolved while issuing necessary bills and notifications in respect to this decision.

This is solely for the educational purpose.
 
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