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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 154 ON RECOVERY OF INTEREST WITHOUT ADJUDICATION

GST UPDATE No 154 ON RECOVERY OF INTEREST WITHOUT ADJUDICATION
One of the acute problems which is being faced by many taxpayers is the flurry of demands being initiated by GST department for interest payable on delayed payment of GST. It is settled principle of law that no recovery can be made without adjudication but recently, an issue came before Hon’ble Jharkhand High Court in the case of R.K. TRANSPORT PVT. LTD. wherein the interest liability amounting to Rs. 83,96,873/- confirmed without adjudication proceedings was challenged by the petitioner. The detailed analysis of the judgment is the subject matter of our present update. The petition is filed in the Jharkhand High Court challenging the demand of interest amounting to Rs. 83,96,873/- confirmed by the revenue authorities due to delay in filing of GSTR-3B for the period July 2017 to December 2019. It has been contended that since the GST liability stands disputed by the petitioner, interest could not be levied without adjudication proceedings under Section 73 or 74 of CGST Act, 2017. The petitioner contended that no interest shall be charged on gross tax liability and further no rules have been prescribed u/s 50 of CGST Act, 2017 for computation of interest. Reliance was placed on the favourable decision given by Jharkhand High Court in the case of MAHADEO CONSTRUCTION COMPANY V/S UNION OF INDIA & ORS. The counsel of the department argued that the there was delay in filing of monthly returns and making payment of tax as per Section 39(1) of CGST Act, 2017 without charging interest on delayed payment of tax. Further, the interest is recovered as per Section 79 read with Section 75(12) of CGST Act, 2017. It is contended that Rule 61(5) is amended retrospectively w.e.f. 01.07.2017. Consequently, in case the returns are filed belatedly and tax dues are not paid within time, interest and late fee shall be applicable as per Section 49 and 50 of the Act which do not require any adjudication process under Section 73 or 74 of CGST Act. The Court opined that the interest liability was under dispute by the petitioner by way of reply to the notice of recovery under Section 79 of CGST Act, 2017. Reliance was placed on one of the decisions of the Coordinate Bench of this Court wherein it was held that liability regarding payment of interest is automatic under GST Act is not true. The amount of interest is required to be calculated and then intimated to the assessee. In case of any disputes, the officer can then in that case initiate actions u/s 73 or 74 of CGST Act, 2017. Reference was made to Madras High Court in the case of THE ASSISTANT COMMISSIONER OF CGST & CENTRAL EXCISE AND OTHERS VS. DAEJUNG MOPARTS PVT. LTD. AND ORS wherein it was held that liability to pay interest is an automatic liability fastened on the assessee to pay on his own and cannot be a unilateral action particularly when assessee disputes as regards to the period for which tax has not been paid. Therefore, since the liability is an automatic liability, its quantification is an “arithmetic exercise” which is done after considering the objections if any raised by the assessee. It was stated that the petitioner is not disputing their liability to pay interest on delayed payment of tax but the quantum of interest to be paid. Therefore, the impugned order is quashed and revenue authorities are left with an option to initiate adjudicating proceedings u/s 73 or 74 of CGST Act, 2017. The above decision has proved to be a boon for the assessee as revenue authorities are stubborn and often fail to recognize the fact that process of recovery of interest cannot be initiated against without issuance of show cause notice and adjudicating the same. The judgment is based on sound principles of law that no liability can be fastened on the assessee unless opportunity of hearing is provided to them to defend their case. There had been various judicial pronouncements on the same subject matter wherein Courts were of the view that revenue authorities must use their powers to attach bank accounts and initiate garnishee proceedings only with respect to recovery of confirmed tax demands. Resorting to recovery proceedings without proper adjudication is harassment of taxpayers. The Government should issue appropriate clarification in this respect so that unwarranted litigations can be avoided in future.
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