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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 156 on ITC cannot be denied due to technical issues

GST Update No 156 on ITC cannot be denied due to technical issues
The process of digitalization picked up steam in India many years ago with the introduction of digital payments. Since then, India witnessed substantial digital transformation in business. The most revolutionary amongst them is digitalization in indirect tax regime. With the advent of GST w.e.f. 01st July 2017, the whole regime went under a major radical shift. The step of moving towards digitalization and paperless environment was no doubt an initiative towards ease of doing business. However, since the coin has its other side also, there were hurdles of different kinds as well. One such issue faced by taxpayer is related to technical glitches faced in the process of claiming input tax credit. The issue travelled upto Gujarat High Court in the case of EZZY ELECTRICALS VERSUS STATE OF GUJARAT. The conclusion arrived at by the Hon’ble Gujarat High Court is the subject matter of discussion of our present update. The petitioner is a proprietary concern and a small size taxpayer eligible for composition scheme u/s 10 of CGST Act, 2017. The applicant was registered under composition scheme till 31.03.2018 and decided to opt out from composition scheme w.e.f. 01.04.2018 by filing GST CMP-04 on 31.03.2018. Once the person ceases to be a composition taxpayer, he is entitled to claim Input Credit as per Section 18(1)(c) of CGST Act, 2017 by filing GST ITC-01 within a period of 30 days from date of becoming eligible to avail input tax credit. The petitioner contended that he was not able to operate GST portal due to technical glitches while filing form ITC-01 and an error report was generated on the portal. A screenshot in this regard was also submitted to the department. The petitioner further informed that the correspondences were being made by the department regarding the issue since 24.09.2018, however, no further action was taken by department in this regard. The Counsel of the Department argued that GSTN was examined as per details submitted by the petitioner regarding technical glitches. However, it was observed and concluded that there were no technical glitches. On the contrary, it was observed that petitioner used “wrong offline tool” for filing ITC-01 having version number 2.2.3 which was last updated on 10.04.2018. However, the current version of ITC-01 offline tool on GST portal is ITC_offline_v1.0 released on 12.01.2018. It is pertinent to mention that numbering of versions of offline tool is always incremental on GST portal. Since the current version is v1.0, the previous version cannot be greater than v1.0. As per the attached screenshots, offline tool used by petitioner was 2.2.3. Consequently, this represents that petitioner was using wrong utility for filing ITC-01. The Court held that even if contention of department is considered, can it be concluded that all the doors are closed for the taxpayer or is there some scope still left for the authority to permit the petitioner to take refund of input tax credit amounting to Rs. 5 Lakhs. Directions were given to department to find out some way so that refund can be sanctioned to assessee concerned. The department submitted that inquiry was made with E.D.P. Cell Gujarat regarding the subject matter. The Cell asked to inform the same to GSTN but nothing was processed further. The Court stated that even if it was fault of taxpayer i.e. wrong offline tool was being used to file ITC-01, refund should not be denied to him merely on the basis of technical glitch. The department should resolve the controversy and find any way out to settle the matter. The submissions of petitioner were considered wherein it was held that if department would have told the discrepancy to the petitioner on an earlier date, discrepancy could have been resolved. The court directed department to do the needful so that GST ITC-01 can be uploaded by petitioner and refund can be sanctioned at the earliest possible. The above judgment is a favoring judgment for the business houses which substantiates the fact that input credit is a vested right of the taxpayer which cannot be denied merely because of technical errors on the common portal. There are plethora of judgments by various courts wherein same view has been taken that procedural grounds can not supersede the provisions of legislations. In line of those judgments recently Hon’ble Kerala High Court in the matter of ST. JOSEPH TEA COMPANY LTD. V/S STATE TAX OFFICER held that ITC cannot be denied only on the ground that the transaction is not reflected in GSTR-2A. Time and again there are many more petitions in pipeline which will be goingto consume time, money and energy of both Government and assessees for denial of benefit on account of procedural lapses.
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