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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 266 on issuance of SCN without striking off irrelevant particulars

GST Update No 266 on issuance of SCN without striking off irrelevant particulars
It is trite principle of law that the show cause notice serves as an essential element to commence the adjudication proceedings. Consequently, if the allegations raised in show cause notice are not specific and vaguely drafted, it is sufficient to hold that proper opportunity of hearing was not offered to the aggrieved thereby resulting into violation of principles of and further increases the trouble of the tax officers. Recently, one case was reported before Jharkhand High Court in the case of M/s Bla Project Pvt. Ltd. V/s State of Jharkhand. The decision imparted in this case is subject matter of our today’s update.
 
The petitioner is registered under GST and is involved in the business of Works Contract and mining related activities. The input tax credit is utilised against output tax liability as per GSTR-3B. However, upon scrutiny of return, for the Financial Year 2018-19, discrepancy of Rs. 6.17 Lakhs was discovered on account of mismatch between GSTR-2A and GSTR-3B for which GST ASMT-10 was issued. The petitioner for the same and enclosed a summary of difference between GSTR-3B and GSTR-2A and contended that the difference is of Rs. 44,303/- and not of Rs. 6.17 Lakhs. However, no further response was received from the department for more than one year. Subsequently, to the surprise of petitioner, summary show cause notice in DRC-01 was issued alleging that excess input tax credit for the period April 2018 to March 2019 was issued. Further, a show cause notice under section 73 of the CGST Act, 2017 was also served on the same day directing the assessee to furnish the reply along with the supporting documents. The petitioner requested the respondent to re-calculate the difference in GSTR-2A and GSTR-3B. It was submitted that the discrepancy as notices in ASMT-10 differs from details as mentioned in summary show cause notice and show cause notice u/s 73 of the Act. However, no attention was paid to the explanations furnished by the petitioner and summary order in DRC-07 was issued on account of excess availment of input tax credit. It was further argued that the electronic credit ledger of the assessee was blocked for more than 1 year in violation of provisions of Rule 86A of CGST Act, 2017.
 
The counsel of petitioner submitted that proceedings are not undertaken in line with the provisions of Section 73 of CGST Act, 2017 since show cause notice does not indicate any contravention committed by the petitioner. It was argued that none of the irrelevant grounds were struck off. It was further submitted that summary show cause notice in DRC-01 cannot substitute show cause notice statutorily. Reliance was placed on decision of Apex Court in the case of M/s NKAS Services Private Limited V/s The State of Jharkhand and others. It was further submitted that the writ petition is maintainable despite of the statutory remedy available under Section 107 of CGST Act, 2017 since there is violation of principles of natural justice. Further, reliance was placed on decision of Hon’ble Supreme Court in the case of Assistant Commissioner of State Tax and Others V/s Commercial Steel Limited, Gujarat High Court in the case of M/s Alfa Enterprises V/s State of Gujarat. Further reference was made to the decision of Uttarakhand High Court in the case of Vimal Petrothin Pvt. Ltd. V/s Commissioner, CGST wherein it was held that input tax credit cannot be blocked for a period exceeding one year as per Rule 86A of CGST Rules, 2017. It was further stated that an appeal can be preferred under Section 73 of the CGST Act, 2017 only in case proper order instead of summary order is passed.
 
The Counsel of respondent referred to provisions of Rule 86A of CGST Rules, 2017 and the Gazette Notification dated 10.02.2020. It was further argued that mismatch of the above said amount is because of difference in GSTR-2A and GSTR-3B.
 
The Court held that the impugned notice does not fulfils the ingredients of proper show cause notice issued under Section 73 of the Act. Further, the summary show cause notice cannot substitute the proper show cause notice. It was therefore decided to remand the case back to the State Tax Officer and initiate fresh proceedings. It was held that the present writ petition is maintainable since there was violation of principle of natural justice. Reference in this respect was drawn to the recent decision of Apex Court in the case of Magadh Sugar & Energy Ltd. V/s State of Bihar & Others.
 
The above decision is one more addition on the subject matter upholding the view that the show cause notice is the fundamental leg of adjudication proceedings and hence, should be properly drafted. There had been catena of cases wherein the Judicial members decided on the similar issue. It is high time that these revenue authorities understand and inculcate the practice of issuing prompt show cause notices failing which will lead to pendency of cases in the Court of law and ultimately wasting the time of Court and the taxpayers.
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