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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 228 on amendment in Rule 96

GST update No 228 on amendment in Rule 96
It is well known fact that getting refunds sanctioned from the departmental authorities is a herculean task. Moreover, with the steep rise in the cases of fraudulent exports, stringent provisions are being formulated for withheld of refund claims where the exporters are flagged under the category of risky exporters. The recent 47th GST Council Meeting has proposed amendment in Rule 96 of the CGST Rules, 2017 in order to process the refund applications that require verification by the jurisdictional officers where the exporter has been identified as risky exporter. The present update seeks to analyse the changes made in Rule 96 of the CGST Rules, 2017 and its implications on the exporters. The notification no. 14/2022-Central Tax dated 05.07.2022 amending CGST Rules, 2017 has made the following amendments in Rule 96 of the CGST Rules, 2017 which have retrospective effect w.e.f. 01.07.2017 :- Rule 96(1)(b):- Provided that if there is any mismatch between the data furnished by the exporter of goods in Shipping Bill and those furnished in statement of outward supplies in FORM GSTR-1, such application for refund of integrated tax paid on the goods exported out of India shall be deemed to have been filed on such date when such mismatch in respect of the said shipping bill is rectified by the exporter Rule 96(5A):- (5A) Where refund is withheld in accordance with the provisions of clause (a) or clause (c) of sub-rule (4), such claim shall be transmitted to the proper officer of Central tax, State tax or Union territory tax, as the case may be, electronically through the common portal in a system generated FORM GST RFD-01and the intimation of such transmission shall also be sent to the exporter electronically through the common portal, and notwithstanding anything to the contrary contained in any other rule, the said system generated form shall be deemed to be the application for refund in such cases and shall be deemed to have been filed on the date of such transmission Rule 96(5B):- (5B) Where refund is withheld in accordance with the provisions of clause (b) of sub-rule (4) and the proper officer of the Customs passes an order that the goods have been exported in violation of the provisions of the Customs Act, 1962 (52 of 1962), then, such claim shall be transmitted to the proper officer of Central tax, State tax or Union territory tax, as the case may be, electronically through the common portal in a system generated FORM GST RFD-01and the intimation of such transmission shall also be sent to the exporter electronically through the common portal, and notwithstanding anything to the contrary contained in any other rule, the said system generated form shall be deemed to be the application for refund in such cases and shall be deemed to have been filed on the date of such transmission. The amendment in Rule 96 (1)(b) has the effect that in case the refund claim of IGST paid on exports which is being granted automatically is being withheld due to mismatch in the shipping bill and GSTR-1, the date of filing of refund application shall be deemed to be the date when such mismatch is being rectified by the exporter. It is submitted that the sole intention of shifting the date of filing of refund application by way of deeming fiction is to save interest payment by the department on delay in sanction of refund claim. This provision is adverse to the exporters as the mismatches are very common and often occur due to technical glitches on the portal but this change will lead to putting the exporter at the disadvantageous position as the date of filing of refund application has been deferred to the date of correction of such mismatch by the exporter. This amendment is unjust as it seeks to prescribe the date of filing of refund application which is dependent on the event which is beyond the control of the exporter. Similarly, the provision contained in Rule 96(5A) and Rule 96(5B) seeks to prescribe that in case the refund claim is being withheld either due to verification of credentials of the exporter or due to fact that goods were exported in violation of Customs Act, the application of refund shall be transmitted to the jurisdictional officer electronicallythrough the common portal in a system generated FORM GST RFD-01 and the intimation of such transmission shall also be sent to the exporter electronically through the common portal. Moreover, the said system generated form shall be deemed to be the application for refund in such cases and shall be deemed to have been filed on the date of such transmission. It is submitted that the above provision again seeks to shift the date of filing of refund application to the date of system generated RFD-01 which is beyond the control of the exporter. It is submitted that this provision is also introduced with a view to save interest payment by the department on delayed sanction of refund to the exporters. Moreover, one point that needs to be highlighted is that practically, the time taken in processing of refund claims by the jurisdictional authorities is more as compared to system generated refund claims. Hence, if in case where the flag of ‘risky exporter’ is being removed after transmission of the refund claim to the jurisdictional officer, there will be unwarranted delay in sanction of refund. It is suggested that in such scenario, the refund claim should be transferred back to the customs portal for automatic sanction in the bank account of the exporter so that the refund claim is speedily disbursed to the exporter. Another point of concern that can be for the exporter is the delay in transmission of refund claim to the jurisdictional officer for further processing as the transmission is also dependant on system and a lot of technical glitches have been experienced by the assessees in past. It is suggested that a timeframe should be specified for transmission of such cases, for example- the data needs to be transmitted within a period of 15 days to the jurisdictional officer from the date of filing of shipping bill by the exporter so that the exporter does not suffer on account of time taken in the transmission of data to their jurisdiction. In our opinion, although the minutes of the GST Council Meeting mentioned that the amendment in Rule 96 of CGST Rules, 2017 has been recommended to provide transmission of GST refund claims to the jurisdictional authorities for expeditious disposal of the refund claims but in reality, it would add to the miseries of the exporter as the date of filing of refund application will be based on an event which is beyond their control thereby denying the exporters with their right of claiming interest on delayed sanction of refund claim to them.
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