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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 173 on glitches in transfer of credit to new unit

GST Update No 173 on glitches in transfer of credit to new unit
With the advent of GST, major
compliances have been digitised but
technology has its own disadvantages
too. It is often observed that the
amendments made in the GST Law is
not implemented on the GST portal
which leads to delay in grant of
benefits to the taxpayers. It is very
common that the utilities needed to
operationalise the provisions is not
updated timely on the GST portal due
to which assessees have to suffer and
knock the doors of High Court. The
present update seeks to discuss the
decision delivered by Rajasthan High
Court in the case of PACIFIC
INDUSTRIES LTD V/S UNION OF INDIA
wherein the benefit of transfer of
credit was being denied for non-filing
of FORM GST ITC-02A which was
actually not available on the GST portal.
The analysis of this decision is the
subject matter of discussion of our
present update.
The petitioner is a registered dealer
having industrial units in Udaipur. It
was contended that after the
amendment dated 01.02.2019,
separate registrations as per different
locations of business were allowed and
therefore, separate tax liability and
input credit was calculated for each
unit. Furthermore, Rule 41A was also
introduced vide notification dated
29.01.2019 which prescribes transfer of
unutilised Input credit to other unit
within the same state of the assessee.
Therefore, Form GST ITC-02A came into
existence. The petitioner raised
grievance that since Form GST ITC-02A
was not available on the portal, they
were not given an opportunity of
transferring Input Tax Credit. The
petitioner uploaded manual copy and
submitted it to the Jurisdictional
Department. It was contended that
immense financial difficulty was being
faced due to non-transfer of the credit
balance to the electronic credit ledger
of the petitioner. The petitioner stated
that grievance was raised with the
helpdesk in response of which a
tutorial link was generated. However,
the link was regarding filing form ITC-02
and not ITC-02A. Later on, another
letter was submitted to the
commissioner regarding the same issue
but no response was received thereto.
The Counsel for the department
contended that the petitioner failed to
furnish Form GST ITC-02A within 30
days from date of newly registered unit
CA. PRADEEP JAIN
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and so they cannot transfer the credit
to the new unit.
The court held that the facts of the
case clearly showcases that the
petitioner was deprived of the
opportunity of furnishing Form GST ITC02A. Further, the petitioner diligently
completed his duty of informing the
same to the GST help desk by lodging a
grievance regarding the same.
Consequently, it was held that the
petitioner shall be allowed to avail
input tax credit in the GSTR-3B filed for
the next month.
The above decision is a welcoming
decision wherein the Hon’ble High
Court condoned non-filing of FORM
GST ITC-02A for transfer of credit to the
new unit on account of technical glitch
on the GST portal. The High Court has
upheld the established fact that input
credit which is legitimately earned by
the taxpayers should not be denied
merely because of procedural lapses or
due to technical glitches which
subsequently results in liquidity
constraints to the taxpayers. Reference
can be made to following decisions:
• EZZY ELECTRICALS V/S STATE OF
GUJRAT
• MEHAR TEX V. THE
COMMISSIONER OF CGST &
ORS. [W.P.(MD) NOS. 22996,
22999 & 23001 OF 2019 AND
W.M.P.(MD) NOS. 19733, 19736
& 19739 OF 2019 DATED 18
MARCH 2021]
It is hoped that the technical lapses on
account of non-updation of the GST
portal is being observed leniently by
the departmental authorities so that
unwarranted litigations can be avoided.
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com