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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 124 on E-filing of Appeal in GST era

GST Update No 124 on E-filing of Appeal in GST era
GST Law is introduced and implemented by Government of India in order to reduce the complexities faced by the taxpayers. Consequently, in order to develop an easy tax reform, compliances were digitalized including the filing of appeal. However, owing to technical difficulties and the time required for developing required IT infrastructure, there have been various infractions in complying with the requirements of the GST Law. Recently, an issue came before Hon’ble Kerala High Court in the case of JOSE JOSEPH V/S ASSISTANT COMMISSIONER OF CENTRAL TAX AND EXCISE wherein the appeal was rejected as time barred as the same was filed manually instead of electronically, that too, beyond the stipulated time period. The outcome of this decision is subject matter of our today’s update. The issue involved in the case was regarding electronic filing of the appeal of refund claims. The petitioner was aggrieved by the fact that the order was not uploaded on the common portal and hence, they could not file the appeal in the electronic form which is mandatory as per the provisions. The order was communicated to the petitioner on 10.04.2019. Hence, the petitioner filed the appeal manually which was rejected as being time barred. The petitioner contended that since the order was not uploaded, it was not possible for them to electronically file the appeal. Reliance was placed on Gujarat High Court’s judgement in case of GUJARAT STATE PETRONET LIMITED V. UNION OF INDIA. The Counsel for the department argued that in order to reduce the difficulties faced by taxpayers during electronic filing, manual filing of appeals is also accepted. Further, they argued that as there was delay of more than 180 days in filing the appeal as against the stipulated period of 3 months from date of communication of order with a condonation delay of further 1 month, their appeal was rejected as time barred. The Court held that as the order was not uploaded on the portal, the petitioner was unable to file the appeal electronically. The Court held that the rejection of appeal as time barred by Appellate Authority is not justified when the department defaulted in complying with the statutory provisions.The period of limitation shall not start from the receipt of physical copy of order by the petitioner but from the date when it is uploaded on the portal. Hence, the right to appeal cannot be denied to the petitioner on the grounds of delay in filing appeal. Reliance was placed on the decision given in the case of GUJARAT STATE PETRONET LIMITED V. UNION OF INDIA wherein it was held that uploading the order and filing of appeal are intertwined activities and hence, appeal can be filed within 3 months only after the order is uploaded on the portal. The idea behind digitalization is to promote uniformity and reduce paper work for the ease of taxpayers so that corruption is eradicated. However, default in compliances on account of lapses by revenue authorities cannot snatch the right of appeal available to the assessee. In past, there have been instances wherein Apex Court and the High Courts have ruled that substantial benefit cannot be denied on account of procedural/technical lapses and appropriate relief has been granted to the assessee. To illustrate- there were lot of technical glitches while filing TRAN-1 during the initial stages of GST implementation but courts have provided reliefs to the assessee in genuine cases. The above decision is also beneficial as it seeks to ensure that the right of appeal is not extinguished for procedural lapses occurred on part of revenue authorities.
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