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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 No 130 on seizure of goods on flimsy grounds is sheer harassment

GST Update No 130 on seizure of goods on flimsy grounds is sheer harassment
The concept of search and seizure in the taxation regime acts as a legal mechanism to curb evasion of tax and to protect the interest of revenue. The reasonableness of the allegations taken by the revenue authorities is crystalized when the show cause notice is being issued to the assessee. Mere suspicion and assumption on the part of proper officer is not enough to trigger seizure provisions. One such issue was recently dealt by the Hon’ble Allahabad High Court in the case of SHRI SURYA TRADERS V/S UNION OF INDIA. The analysis of this decision is subject matter of our current update. The petitioner is a registered dealer, engaged in the business of selling Ancle (sweet supari) and Varanasi Ashik (Betel Nut Product). The petitioner sold 90 bags of the Betel Nut Product to two different registered dealers by issuing two tax invoices and E-way bill. On interception, it was found that 3 bags of Betel Nut were without tax invoice. Afterwards, revenue authorities issued SCN to the petitioner. The petitioner contended that the transporter by mistake left the invoices. Further, the petitioner contended that even if no tax invoices were issued, only 3 bags should be seized rather than whole lot. The petitioner was of the view that since the value of goods was less than Rs. 50,000/-, E-way bill was not generated. The Standing Counsel of the Department argued that as per Section 129(3) of CGST Act, 2017, E-way should be issued for all the transactions and not just those transactions wherein threshold limit of Rs. 50,000/- is crossed. Further, tax invoice of 3 bags was submitted along with reply of SCN and not prior to that. The Counsel also submitted that the consignment shall be seized in case any discrepancy is discovered in any of the part of the consignment. The Court held that submission of tax invoice along with SCN is not a ground of discrepancy and hence, no adverse effects can be drawn. The court opined that the quasi-judicial authority must act fairly with open mind while exercising their statutory powers. As per Rule 138, if the value of consignment is less than Rs. 50,000/-, there is no requirement to issue E-way bill. If the contention of revenue is upheld that E-way bill should be issued for all the transactions, then sealing limit as provided in the said rule will be redundant. Moreover, if authorities are of the view that any transaction is not properly accounted for in the books of accounts, they should have conducted inspection of business premises of the assessee rather than applying provisions of seizure. The Court held that each transaction is to be viewed independently and therefore, in case of discrepancies, whole of the consignment cannot be seized/detained. Therefore, the court passed the judgement by concluding that the revenue authorities were not justified in seizing the goods as there is no contravention of any provision of the GST Act by the petitioner. The government has tried to establish an atmosphere which enable free flow of trade and commerce but tax authorities are bend upon to harass the trading community. The pro-revenue approach has been highlighted in the above cited case which needs to be considered and revamped by the Government immediately. It must be kept in mind that the legal powers such as search, seizure etc. not only affects the business of the taxpayer but is also a stigma on one’s reputation. The revenue authorities should not use these powers as a tool of recovery to harass the taxpayers.
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