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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. 233 ON CIRCULAR REGARDING REFLECTION OF INELIGILBE CREDIT-PART-2

GST UPDATE No. 233 ON CIRCULAR REGARDING REFLECTION OF INELIGILBE CREDIT-PART-2
In our previous update, we had brought out the anomaly in the clarification issued by the CBIC on reflection of ineligible credit vis a vis circular issued by the Rajasthan State GST department. In the present update, we wish to discuss the practical difficulties in implementation of the guidelines laid down by the recent Circular No. 170/02/2022-GST dated 06.07.2022 issued by the CBIC.
It has been clarified that since the auto-populated figure of input tax credit from FORM GSTR-2B in table 4A of the GSTR-3B consists of ineligible input tax credit under section 17(5) of the CGST Act, 2017, the assessee is required to reflect reversal of the credit under section 17(5) of the CGST Act, 2017 in table 4B(1) so that the net input tax credit in the electronic credit ledger does not consist of ineligible credit. It is submitted that majority of the taxpayers do not account for ineligible input tax credit in their books of accounts as it is very tedious to maintain the record of ineligible credit. Consequently, many of the assessees do not even bother to reflect the amount of ineligible credit in table 4D(1) of the GSTR-3B. However, the clarification expects that the assessee identifies the ineligible credit which is auto-populated in table 4B (5) and reflect it as reversal under table 4B(1) of the GSTR-3B. In our opinion, this is futile exercise as it compels the assessee to keep track record of ineligible credit which is not even being accounted for in the normal course by majority of the assessees. This will definitely add to the compliance burden of the taxpayers. Moreover, as per section 17(5) of the CGST Act, 2017, input tax credit is not available to the assessee for certain specified goods and services, but the circular requires the assessee to avail the said ineligible credit and thereafter reflect it as reversal which is unproductive exercise. The circular prescribes a mechanism of reflection of ineligible credit by considering the report generated by the GST portal in FORM GSTR-2B which is not proper as merely because ineligible credit is being included in the auto-populated figure, the taxpayer cannot be forced to change their accounting of transactions.
It is further submitted that the circular also specifies that in case the assessee has not received the goods but the input tax credit pertaining to the said invoice is being reflected in the auto-populated figure of table 4A of the GSTR-3B, the assessee is required to reflect the said amount of ITC as reversal in table 4B(2) and can re-claim it when the goods are actually received in the premises. This again is a cumbersome exercise as the assessee would be required to keep a track record of the goods in transit and the fact that the ITC is being re-claimed on their actual receipt. It appears that the above directions have been issued so that the auto-populated figure of ITC in table 4A is being re-conciled. However, it is submitted that the assessee will have to re-claim the said ITC of goods in transit in the subsequent return due to which there will be discrepancy in the figure as stated in the GSTR-3B and that auto-populated from FORM GSTR-2B. Consequently, in our view, the above direction leads to unwarranted exercise on the part of assessee and should be re-considered by the government. Moreover, no assessee will record such goods not received in books of account. Hence, he has to manually maintain this information on monthly basis as department may ask this information after 4 or 5 years at the time of audit of taxpayer. Keeping record of this information for so many years which are not incorporated in accounts also is again cumbersome procedure.
In opinion of author of this update, this recording is also not legally sustainable as there is clearcut provision in statue that the ineligible credit as well as credit on goods-in-transit should not be taken. Although there are many decisions on this count that taking of credit and reversing the same means that the credit has not been availed. But nobody knows that Auditor General may object the same and ask for penal action. 
Lastly, the requirement of reflecting the ineligible ITC on account of limitation of time period as delineated in sub-section (4) of section 16 of the CGST Act, 2017 is yet another procedural liability to be discharged by the assessee by maintaining the list of transactions for which input tax credit is not available on account of being not claimed within the period of limitation. It is to be noted that this data can be compiled only in the month of November following the relevant financial year.
The above clarification increases the procedural compliance of the taxpayers’ manifold which has no revenue implication as such. The guidelines laid down by the circular should not be made mandatory as it would lead to unnecessary harassment of the assessees.
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