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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 158 ON HIGH COURT DIRECTIONS ON ISSUANCE OF SUMMON

GST UPDATE No 158 ON HIGH COURT DIRECTIONS ON ISSUANCE OF SUMMON
With the passage of time, adversities and complexities in GST Laws have increased manifold. The tax authorities are having an approach to collect tax aggressively from the taxpayers either by hook or crook. In doing so, they issue summons and gather information which is the first step towards initiation of proceedings under GST Law. Furthermore, the industries and business houses are of the view that this exercise results in harassment by the officers and taking harsh actions against them thus, adversely impacting working capital and other operations of the businesses. Recently, issuance of summon was challenged before Hon’ble Bombay High Court in the case of F.S.M. EDUCATION PVT. LTD. The analysis of the decision is the subject matter of discussion of our present update. The petitioner is a music school engaged in the business of recreational activities such as imparting training in music to the students. The petitioner was requested to submit certain documents within the prescribed time which was duly submitted by them as well. Later on, summon was issued to the petitioner company without providing any details of the inquiry. The petitioner was interrogated and crossquestioned continuously thus, violating the guidelines issued in the said matter. The Counsel of the petitioner argued that as per FAQs of 34 questions issued by GST department dated 15.12.2018 indicates that the summon can be issued only as a last resort to obtain details. It should not be issued in a casual manner. Further, the summons cannot be issued to pressurize or coerce the petitioner. The court held that all the submissions made by the Counsel of the petitioner are correct. The department should inform the list of documents to be furnished by the petitioner on which clarification is required by the department. Reliance was placed on the FAQs dated 15.12.2018 thereby holding that the discretion of issuing summon should be exercised as last resort and details required should be obtained by way of ordinary letter, as far as possible. Furthermore, the petitioner was also cooperating and furnishing the documents within the prescribed time. Accordingly, the Court disposed of the Writ Petition and issued directions to the department that summon shall be issued only in the event where revenue authorities are not satisfied with the documents and response of the consultant of the petitioner. Moreover, if any summons are being issued by the revenue authorities, the same shall indicate the purpose of issuance of summon with seven days notice before fixing the date for recording the statement of the director. Issuing of summon is a crucial power which helps the department to get information to find out evasion of tax so it should be exercised cautiously. However, in the present scenario, it is being used as a sword against the taxpayer. The above matter is prone to litigations not only in GST but also in erstwhile indirect tax regime thus, leading to “tax terrorism”. The CBIC has also issued guidelines regarding issuance of summons in Central Excise and Service Tax matters vide Circular No. 207/07/2014-CX-6 dated 20.01.2015 which act as a shield for the taxpayers thus mitigating the adversities which is caused to the taxpayers on issuance of summons. It is worth mentioning that clarifications issued by the Board are binding on the departmental officers in view of the Apex Court decision given in the case of COLLECTOR OF CENTRAL EXCISE, VADODARA VS DHIREN CHEMICAL INDUSTRIES [2002 (139) ELT 3 (SC)]. Hence, the revenue authorities are bound to exercise due diligence while issuing summon to the assessee otherwise it leads to unnecessary harassment of the assessees.
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PRADEEP JAIN, F.C.A.

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