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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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GST Update no. 101 on UTILISATION OF CENVAT CREDIT BALANCE AS ON 30.06.2017 AGAINST SERVICE TAX DEMAND IN GST ERA

GST Update no. 101 on UTILISATION OF CENVAT CREDIT BALANCE AS ON 30.06.2017 AGAINST SERVICE TAX DEMAND IN GST ERA
The transition of credit into GST regime has not been smooth as was expected. This is evidenced from the number of petitions filed before various High Courts regarding the technical glitches faced by the assessees while transitioning their credit into the GST regime. Hence, it can be concluded that the assessees had to face a lot of tussle in migrating their credit balance into GST regime. However, the assessee who intentionally did not carry forward their credit into GST regime are also not spared from the rigours of litigation as recently, a decision was reported before the Delhi Tribunal in the case of UTTARANCHAL CABLE NETWORK VERSUS COMMISSIONER, CUSTOMS, CENTRAL EXCISE & SERVICE TAX [SERVICE TAX APPEAL NO. 50294 OF 2021-SM] wherein the utilisation of cenvat credit balance which was not transitioned into GST was disputed by the revenue department. The analysis of the judgment is the subject matter of discussion of our present update. The issue involved in the case is regarding utilisation of CENVAT credit available prior to introduction of GST law i.e. as on 30.06.2017 for discharging the short-paidservice tax detected after implementation of GST regime. When the GST law was introduced i.e. on 01.07.2017, the assessees were having unutilised CENVAT Credit available with them as per CENVAT Credit Rules. They were allowed to transfer the said credit in GST Law after opting to file TRANS-1. However, filing of TRAN1 was not mandatory. The appellant contended that transferring credit to GST regime was optional and not mandatory. Moreover, provision contained in section 142 of the CGST Act, 2017 does not mandate any disability in adjustment of tax liability out of the cenvat credit available in the earlier law which was not carried forward to the GST regime. The revenue authorities contended that the amount of unutilised cenvat credit as on 30.06.2017 could not be adjusted against the service tax demand payable as Cenvat Credit Rules, 2004 are no longer applicable. The Commissioner Appeals also held that the amount of credit as on 30.06.2017 could not be utilised or adjusted except as provided in the transitional provisions. The Tribunal rejected the reliance placed by the department on the decision given in the case of Mountain Valley Springs India Pvt. Ltd. Versus Assistant Commissioner of GST, Chennai [2019 (24) GSTL 342 (Mad)] and Indus Ind Media Communication Ltd. Versus Union of India [2019 (20) GSTL 10 (Kar)] wherein it was held that benefit of cenvat credit cannot be given as there was failure to file transitional return due to technical glitches. However, this is not the point of dispute in the present case. Furthermore, the Tribunal held that there is no bar or restriction under section 140(1) read with section 142 of CGST Act, on an assessee for claiming adjustment of the tax demand from the unutilised input tax credit as on 30.06.2017 which has not been carried forward to the GST regime. Hence, the appeal was allowed. The above decision fortifies the general principle that if demand is fastened against assessee, the consequential benefits should also be extended. There have been numerous judgments in the Central Excise Laws wherein it was held that even in cases of clandestine clearances, the benefit of cenvat credit as available should be extended to the assessee. Likewise, merely because the cenvat credit balance as on 30.06.2017 was not transferred to GST electronic credit ledger, the said accrued vested right cannot be extinguished by the department. The closing balance of cenvat credit balance as on 30.06.2017 is a substantive right that has been legitimately accrued to the assessee which cannot be snatched on flimsy grounds such as non-transition of credit to GST regime. In this context, reference may be made to the Apex Court decision in the case of EICHER MOTORS LTD. VERSUS UNION OF INDIA [1999 (106) E.L.T. 3 (S.C.)] wherein it was held that right to adjustment of tax on final products accrued to the assessee on the date when they paid tax on the raw materials and provisions of the statue do not enable authorities concerned to frame rule enabling lapse of balance lying in credit account. The analogy of this decision is aptly applicable in the present case as the legitimately earned cenvat credit balance as on 30.06.2017 cannot be lapsed for non-transition into GST regime. Therefore, the above decision will be definitely be fruitful to the assessee struggling to utilise cenvat balance not transitioned into GST regime.
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