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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 247 on SC granting last chance to file TRAN-1 by 31.10.2022

GST Update No 247 on SC granting last chance to file TRAN-1 by 31.10.2022
The implementation of the revolutionary tax reform being GST was not as smooth as was perceived as there have been number of disputes as regards the transition of erstwhile credit into the GST regime. With the passage of time, there had been plethora of cases wherein assessees have been denied the carry forward of the transitional credit into GST regime. This update seeks to discuss the latest decision rendered by the Apex Court in the case of UNION OF INDIA V/S FILCO TRADE CENTRE PVT. LTD. & ANR. which seeks to open the window for filing transitional return for all the assessees from 01.09.2022 to 31.10.2022. It is not the first time that the extension to file transitional credit to all the assessees has been granted by the Court by exercising their discretionary powers. On earlier occasion also, the hon’ble Delhi High Court in the case of BRAND EQUITY TREATIES LIMITED VERSUS UNION OF INDIA had held that the period of 90 days for claiming input tax credit in TRAN-1 is directory and therefore, the period of limitation of 3 years under the Limitation Act would apply. The Delhi High Court had directed the department to allow all assessees to claim input tax credit in TRAN-1 by 30.06.2020. This decision was remarkable as it provided extended time limit for filing transitional credit to all the assessees. However, it appears that the tussle regarding carry forward of transitional credit is alive even after 5 years of GST implementation which has led to intervention by the Supreme Court on this matter. The hon’ble Apex Court has directed the GSTN to open the GST common portal for filing Tran-1 and Tran-2 for 2 months w.e.f 01.09.2022 to 31.10.2022 thereby allowing all the taxpayers to file their transitional returns irrespective of the fact that they have approached the Court of Law or not. The extended time period is also applicable for revising the already filed transitional credits. Furthermore, in past, various High Courts have allowed the assessees to file transitional returns after the expiry of time limit on the grounds that proof regarding technical glitches faced by them was produced. However, the present judgment does not require that the benefit is to be granted only if there was technical glitch faced by the assessee and rather the benefit is available to all the taxpayers unconditionally. The Supreme Court has also stated that the GSTN is under a liability to ensure that they are no technical glitch during the said time for filing the transitional credit. The concerned officers are given 90 days thereafter to verify the claim of transitional credit and pass appropriate orders on merits after granting appropriate reasonable opportunity to the parties concerned. The Apex Court also mentioned that the GST Council may also issue appropriate guidelines to the field formations in scrutinizing the claims, if required. It is worth mentioning over here that now the above stated judgement will grow as a benchmark for thousands of cases which are pending and brining them to a logical end. Further, the above decision supports the basic principle that legitimate credit earned by the taxpayers is their vested right and therefore, should not be denied and withdrawn merely because of procedural lapses. The above ruling has well established the principle of equality thereby treating all the taxpayers who have claimed or failed to claim credit at equal footings. The above decision has proved to be a silver lining in the clouds for the business houses. Although, it is worth noting that 5 years have passed down the road since inception of GST regime, yet the assessees are struggling to transition their credit of erstwhile regime to the GST era. However, the Apex Court should have also deliberated on the burning issue regarding claim of credit of tax paid under reverse charge mechanism after implementation of GST regime as there is no express provision to either avail input tax credit or claim refund in such scenarios. Although, there are favourable decisions rendered by High Courts that have allowed credit of such tax in electronic credit ledger of the assessee or have granted refund of the said amount to the assessee. Similarly, the issue regarding re-credit of the amount debited by the assessees for claiming refund under Rule 5 of Cenvat Credit Rules, 2004 which has been subsequently rejected post implementation of GST needs to be considered with possible remedy to the taxpayer. Nonetheless, since the facility to revise the transitional credit has been granted, the assessees should be allowed to report such peculiar transactions so that the legitimately earned credit is not being lapsed for absence of express provision in the statue.
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