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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 139 ITC available as common pool for utilization

GST Update No 139 ITC available as common pool for utilization
The major driving force of implementing GST was to allow seamless flow of input tax credit in the transaction chain and enable its effective utilization thereby removing the cascading effect of taxes. The provisions formulated with respect to availment, and utilisation of Input Tax Credit is litmus test for Government’s commitment to ensure that there is no disruption in the credit chain. However, at times, interpretation adopted by AARs distort the intention and create confusion. Recently, Gujarat AAR in the case of M/S. ARISTO BULLION PVT. LTD. held that the taxpayer can utilize ITC only if there is direct nexus between inputs and outputs which is totally against the basic principle of credit facility extended to the assessees. This decision was further challenged before the Gujarat AAAR and recently decision has been pronounced by AAAR. The outcome and the reasoning adopted by the AAAR is the subject matter of discussion of our present update. The appellant in engaged in manufacturing as well as trading of Gold and Silver Bullion including coins etc. They intend to utilize ITC available on purchase or import of Gold & Silver Dore against payment of GST on outward supply of trading of castor oil seeds However, it was concluded by AAR that since as per Section 16, assessee shall be entitled to take input tax on supply of goods and services which are intended to be used in the course or furtherance of business and since no one to one correlation exists between the two supplies, appellant shall not be entitled to utilize ITC. The appellant contended before AAAR that raw materials or trading material procured in form of Gold & Silver Dore for further supply will qualify in the definition of “goods”, being movable property. Hence, it amounts to “input tax” as per Section 16(1) of CGST Act, 2017. As per Rule 86 of CGST Rules 2017, there is no provision in rules which restricts the utilization of electronic credit ledger towards output tax in respect of taxable supply. Thus, credit ledger can be utilized to make payment of output tax liability of other business verticals as well. Further, as per Section 49(2) & (4), credit ledger does not contain any identification for utilization of Input Tax Credit. The inputs are available as a common pool which can be utilized to discharge output tax liability. The appellant quoted the illustration of nationally renowned organizations such as “D mart”, “Big Bazar” etc. which provide a diverse range of products and avails ITC as per Section 16. Once the condition of availment of credit is fulfilled as per Section 16, it transpires to be deposited in a common pool of credits which can be subsequently utilized against output tax liability. Reliance was placed on the similar issues which came across Courts in Pre-GST regime. The courts held that there is no requirement to prove existence of direct nexus between inputs and output. Reliance was placed on decisions rendered in the case of Tally Solutions (P.) Ltd. v. CCE, Pipavav Shipyard Ltd. v. CCE & ST, Nitin Spinners Ltd. v. CCE, Entraco Power Systems (P.) Ltd. v. CCE, CCE v. Graphite India Ltd, Coca Cola India Pvt. Ltd. v. Commissioner of Central Excise, Pune-III, and CCE, Coimbatore v. Lakshmi Technology and Engineering Industries Ltd. The AAAR held that section 17(5) does not impose any restriction on availing ITC on gold bars. The AAAR held that even if logic of AAR is adopted, taxpayers who are selling large number of commodities would require to maintain input tax credit accounts in respect of each commodity which is impossible and is nowhere prescribed in the law. It was held that once the taxpayer validly takes ITC on inputs, that ITC merges into common portal which is not maintained commodity wise. Further, it was held that Section 16(5) does not mandate assessee to prove one to one correlation between inputs and output. It only prescribes that inward supply should be used in the course or furtherance of business. Since, it is undisputed fact that the inward supply of Gold and Silver Dore bars are used in the course of business of the appellant, input tax is validly taken and it can be utilized against payment of outward taxable or zero rated supply. Therefore, it was concluded that Input Tax Credit balance available in its Electronic Credit Ledger which has been legitimately earned on the inputs can be utilized for payment of outward supply of castor oil seeds. The GST law has subsumed various indirect taxation law but it appears that the points of dispute raised in the erstwhile tax regime are also carried forward in the new regime. The issue regarding proving one-to-one correlation of inputs used for the purpose of outward supplies was also litigated in earlier laws but the matter was settled in favour of the assessee that no nexus is required to be established for inputs and output for the purpose of utilisation of credit by numerous decisions rendered by CESTAT. It is appreciated that similar view was taken by AAAR and the order passed by the AAR was rectified by reversing the same.
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