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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 182 on confusion created by internal circular

GST update No 182 on confusion created by internal circular
Incorporation of GST Law symbolised the concept of simplified tax reform and ease of doing business. One of the significant reasons behind implementation of GST was ideology of “One Nation One Tax”. However, with the passage of time, there had been various adverse advance rulings and circulars issued by CBIC which has widened the disparities resulting into increase in complexities in the existing in GST Law. The present update is about the variances existing on issuance of Circulars which has supressed the theory of unanimous decisions by Centre and State, irrespective of their tax jurisdictions. The practice adopted by the State Government of issuing their own Circulars has increased the level of difficulties for taxpayers as it seeks to create discrimination amongst the assessees registered under the jurisdiction of Centre and State region. The assessees registered under the State jurisdiction are bound to follow such Circulars whereas the assessees registered under the jurisdiction of Centre are not required to implement them. To illustrate- time and again the revenue authorities are issuing notices and letters demanding justifications regarding discrepancies in Input Tax Credit in GSTR-2A and 3B without even trying to find out the reasons of those discrepancies which leads to sheer wastage of precious time of taxpayers and tax officers. The said issue was addressed by Maharashtra Government vide Internal Circular No. 02A of 2022 dated 25.02.2022 wherein it was clarified that in case the difference of Input credit is Rs. 2.5 Lakhs or more, CA Certification shall be required while in either case, Supplier’s certification along with ledger confirmation shall be required. Although this circular is in favour of the assessee, yet it has increased the level of miseries faced by the taxpayers having different Jurisdictions as the said circular is not accepted by Central Tax authorities. It is worth noting that although the assessee is not bound by the Circulars, yet implementation of these circulars increases ambiguity in the minds of assessee and departmental officers. It is pertinent to mention that there have been numerous judgements in the CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??5 erstwhile regime that have been affirmed by Supreme Court wherein it has been concluded that circulars which are contrary or inconsistent with the statutory provisions are not binding on departmental officers also. Reliance may be placed on the decision given in the case of COMMISSIONER OF CENTRAL EXCISE, BOLPUR V/S M/S RATAN MELTING & WIRE INDUSTRIES [2008-TIOL-194-SC-CX-CB] wherein it was held that a circular which is contrary to the statutory provisions has no existence in law. It is submitted that sometimes the circulars prescribe guidelines that have been nowhere prescribed in law as has been stated in the preceding paragraph which may be favourable or against the assessee. In such situation, clarifications tend to create confusion and complications in the interpretation of laws. Moreover, if each state starts adopting the practice of issuing circular on their own levels, it shall become more challenging for the assessee to keep a track on their applicability and interpretations, leading to increase in compliance burden on their part. Instead, the CBIC should seek suggestions from States and issue centralised clarifications that are uniformly applicable throughout the country. A strict action to curb the practise of allowing States to issue their internal circulars is need of the hour.
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