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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 229 on maintainability of writ in case where alternate remedy is available

GST Update No 229 on maintainability of writ in case where alternate remedy is available
It is observed that the cases of cancellation of GST registration for not filing GST returns for continuous period of 6 months have increased manifold but getting the same registration restored appears to be a herculean task by the assessee.  The emergence of pandemic situation had worsened the situation as many assessees could not file their GST returns due to financial crisis. Recently, one case was reported before Uttarakhand High Court in the case of VINOD KUMAR V/S COMMISSIONER UTTARAKHAND [SPECIAL APPEAL NO. 123 OF 2022] wherein the assessee could not prefer appeal against the order of cancellation of their GST registration within the stipulated time limit due to which their GST registration was not being restored. Consequently, writ petition was preferred which was contested on the grounds of availability of alternate remedy. The decision imparted in this case is subject matter of discussion of our present update.
 
The petitioner is a working mason/painting professional and was allotted GST registration. However, he failed to file his return for a continuous period of 6 months and consequently, his registration was cancelled on 21.09.2019. Further, appeal preferred was also dismissed as being time barred and hence, this writ petition is filed. The benefit of suo moto extension order passed by the Supreme Court was not given to the petitioner by the Single judge on the grounds that the limitation period expired much prior to the outbreak of pandemic situation in the country. Thereafter, the Counsel of petitioner approached double bench and submitted that it is up to High Court’s discretion to entertain a petition even if alternate course of remedy is available with the assessee. Reliance in this respect was placed on the decision of Apex Court in the case of WHIRLPOOL CORPORATION V/S REGULAR OF TRADE MARKS wherein it was delivered that High Court can entertain an appeal if it results into violation of fundamental rights of the taxpayer, or when vires of an Act is challenged, or where there has been violation of the principles of natural justice or where proceedings are wholly without jurisdiction. It was contended that since cancellation of GST registration in the present case adversely effects the livelihood of the petitioner, merely because there was failure to file appeal within stipulated time period would render the petitioner remediless which is against the Article 21 of the Constitution of India. Reference was further drawn to decision of Gujarat High Court in the case of M/S PANOLI INTERMEDIATE (INDIA) PVT. LTD. V/S UNION OF INDIA AND OTHERS.
 
The respondent was of view that since alternate remedy is available, present petition should not be entertained.
 
The Court held that notice which was given to petitioner in this respect on common portal should be delivered personally as well before cancellation of registration. Further, it was stated that the legislature does not provide an unlimited jurisdiction on first appellate authority which consequently, results into hardships for the taxpayers since no remedy is left. Looking into the present scenario, if the GST registration is cancelled, it will result into denial of right to livelihood which consequently results into violation of Article 21 of the Constitution of India. Taking into account all these circumstances, it was held that the present writ stands maintainable. Further, it was also held that the petitioner could not have filed appeal under section 107 of the CGST Act, 2017 as the appeal can be filed only against the order passed by the adjudicating authority. Hence, the question as to whether the Assistant Commissioner is Adjudicating Authority or not was also answered. After placing reliance on decision of Apex Court in the case of RADHA KRISHNA INDUSTRIES V/S STATE OF HIMACHAL PRADESH AND OTHERS and quoting the provisions of Section 107 of UGST Act, 2017, it was stated that the commissioner is not an adjudicating authority and so the Assistant Commissioner is also not to be treated as adjudicating authority in case of cancellation of GST registration. Hence, no appeal lies against the orders passed by him under Section 107 of CGST Act, 2017. Therefore, the matter was remanded back to learned Single Judge for consideration on merits holding that writ petition is maintainable.
 
The above decision is a remarkable one as it seeks to provide the benefit of considering the issue regarding restoration of GST registration pursuant to cancellation order for which the time period for filing appeal was expired with no possibility of extension even by applying the suo moto extension order of the Apex Court. The benefit of considering the case on merits was granted by exercising the discretionary power of the High Court due to the fact that there was violation of the fundamental right of the petitioner to earn livelihood on account of cancellation of GST registration under Article 21 of the Constitution of India. This decision will be of help to many similar assessees who could not get their registration restored due to not taking any action within the stipulated time period.
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