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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 272 on imposition of penalty for failure to revalidate

GST update No 272 on imposition of penalty for failure to revalidate
The main objective of introduction of eway bill mechanism in the GST regime was to do away with the concept of Inspector Raj system and ensure hassle free movement of goods. However, it has been observed that the taxpayers have to face maximum litigation with respect to implementation of e-way bill mechanism till date. The revenue authorities often initiate proceedings for minor procedural lapses in e-way bill and there had been various cases in the past wherein the Court has adopted a lenient approach and delivered decisions in the favour of the assessee. Recently, similar issue was reported before Kerala High Court in the case of M/S SANSKRUTHI MOTORS V/S JOINT COMMISSIONER. The decision imparted in this case is subject matter of discussion of our present update. The petitioner is engaged in transportation of goods which is driven on various destinations as required by the company. However, in the present case the vehicle was intercepted anddetained by the Assistant Officer and a show cause notice was issued as on 09.07.2019 at 12:20 p.m. It was noticed that the e-way bill was expired as on 08.07.2019. The petitioner moved to Court and the lorry was directed to be released on production of bank guarantee. Following the directions of the Court, the order was issued as on 16.08.2017 imposing a penalty of Rs. 5,24,017/- along with a demand for IGST for the same amount making a total demand of Rs. 10,48,034/- on the petitioner. Therefore, an appeal was further preferred against the said order under Section 107 of CGST Act, 2017 which was however, returned stating that appeal cannot be entertained since no pre-deposit amount was paid.The Counsel of petitioner argued that there was no requirement of imposing any penalty in the present case and there is no suppression of facts or evasion of tax. The e-way bill was valid upto 11:59 pm as on 08.07.2019 and the vehicle was intercepted the next day. It is clearly mentioned in the order that the vehicle was intercepted as on09.07.2019 at 12:20 am. It was argued that the vehicle failed to cross the check post on 08.07.2019 due to some technical problems and had to be taken at a workshop. It was argued that due to minor lapses, huge penalty should not be imposed. Reliance was placed on decision of Madras High Court and Madhya Pradesh High Court in this respect. Further refence was drawn to the decision of Telangana High Court in the case of M/s Satyam Shivam Papers Pvt. Ltd. & Another V/s Asst. Commissioner (ST) and others. It was argued that there is no concrete evidence which suggest that there is evasion of tax and hence, the power under Section 129 of the CGST Act, 2017 is wrongly invoked and hence, there is abuse of powers. It was further argued that the decision of Telangana High Court was further affirmed by the Apex Court.The Counsel of respondent argued that detention was at 12:20 pm and not at 12:20 am, indication of the same in the order is a genuine mistake. Reliance was placed on decision of Division Bench in the case of Ranjilal Damodaran V/s Asst. State Tax officer and another, Single Judge of this Court in the case of Podaran Foods India Pvt. Ltd. and others V/s State of Kerala and otherswherein it was held that goods cannot be transported without extending the validity of e-way bill. Thus, there is no jurisdictional error in the hands of this Court under Article 226 of the Constitution of India. It was argued that the referred decision has completely different facts and hence, are not applicable in the present case. The Court held that demand of tax and huge penalty in the present case is without jurisdiction. Reference was drawn to the various decisions relied on by the petitioner. The expiry of e-way bill in the present case does not support the fact that there is evasion of tax on the part of the taxpayer. It was therefore held that the revenue officer was bound to consider the explanations given by the petitioner. Hence, the order was quashed. The matter was remanded back directing the respondent to reconsider the amount of penalty imposed and keeping in mind the observations and findings of the Court after providing an opportunity of hearing to the assessee.The above favourable decision is illustrating the fact that heavy penalties cannot be imposed on account of minor lapses. At times, due to unavoidable andcontingencies, it is not possible to extend the validity of e-way bill or generate new e-way bill such as breakdown of the vehicle. As such, lenient view needs to be taken in the cases where there is no malafide intention to evade tax and there is mere procedural irregularity as regards expiry of the validity of e-way bill.
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