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Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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GST Update No 281 on Section 73 and 74 of CGST Act, 2017 to be invoked in case of disputed interest liability

GST Update No 281 on Section 73 and 74 of CGST Act, 2017 to be invoked in case of disputed interest liability
There had been catena of cases in the introduction phase of GST wherein the assessees failed to file appropriate and proper GST returns resulting into invocation of demand, interest and penalty provisions. However, time and again the revenue authorities are incompetent to provoke correct provisions of Law and hence, the Supreme Court and various High Courts come to the rescue of the taxpayers. Once again on similar parameters, one case was reported before Jharkhand High Court in the case of Bluestar Malleable Pvt. Ltd V/s The State of Jharkhand. The decision delivered in this case is subject matter of our present update.The petitioner was entitled to claim input tax credit of Rs. 3,11,43,255/- submitted a declaration regarding the same in TRAN-1. The accountant of the petitioner repeated the same claim in GSTR-3B furnished in July 2017. It was submitted that this repetition occurred due to human error, absence of adequate practice/familiarity in the working of the new concept of Goodsand Services Tax laws, which had been introduced in 2017 itself. Upon getting noticed of the same, it was rectified immediately in GSTR-3B for the month of July, 2018. It was submitted that the input tax credit was never utilized against the output tax liabilities. The departmental authorities demanded interest of Rs. 72,49,126/- in respect of irregularly availed credit. Meanwhile, the petitioner also filed an application seeking refund of excess amount available in cash ledger of Rs. 26,45,301/-. Although the departmental authorities sanctioned refund but the same was allowed after making adjustment of interest amount of Rs. 72,49,126/-. The part of refundsanctioned order was challenged as it relates to adjustment of refund against the demand of interest. Interest of Rs. 40,71,403/- was demanded by the revenue authorities. The appeal preferred against the same was also rejected.The petitioner submitted that the interest under Section 50 is compensatory in nature and thus cannot be levied if input tax credit is availed twice. Further it was argued thatproper procedure must be followed by the department for realization of interest. Also, no intimation of invoking Section 50 of the Act was initiated by the department.The Counsel of revenue submitted that the claim of taxpayer is not at all tenable since as per Section 42 of the Act, irregularly availed credit is to be reversed by adding the same in output tax liability in GSTR-3B for Aug, 2017.Further, there is facility of reversal of claim on common portal itself and hence, the plea of taxpayer that the online portal had shortcomings is not sustainable. It was argued that it is established law that ignorance of law cannot be an excuse for non-compliance of legal provisions. The petitioner trying to put their failure on online portal which is not appropriate. The department has correctly issued letterto deposit interest as per Section 50 of the Act. Further, necessary instructions were also taken from GSTN and appropriate query was made to GSTN. It was argued that procedure for reversal and reclaim of input tax credit is mentioned under Section 42 of the Act. There is provision in GSTR-3B return itself to reverse the credit in Column 4(B) under the head “ITC reversed”.The Court held that that question under consideration is whether interest is to be levied under Section 50 of the Act or under Section 73/74 of the Act. Reference was drawn to the decision of Mahadeo Construction Co. Vs. Union of India wherein it is stated that if any assessee disputes the liability of interest under Section 50 of the JGST Act then the revenue will have to follow the specific procedure as stipulated under Section 73 or 74 of the JGST Act. Looking into the present situation, it demonstrates that procedure under Section 73 or 74 of the Act is not followed. It was therefore decided to quash the appellate order. The matter is remitted back to revenue and issueorder is accordance with the Law.The above decision upheld the view that proper and due procedure needs to be followed by the subordinate authorities failing which will jeopardize the basic intention of law and leading to further quashing of appeal. It is high time that This will further lead to wastage of precious time of courts and of aggrieved taxpayers. Moreover, the interest is to be charged on credit taken and utilised. Even the amendment to this effect is incorporated in statue book with effectfrom 1.4.2022. Hence, interest should not be charged. Even the author of this update has also successfully pleaded the similar case before Chennai appellate authority that interest under section 50 ibid is to be charged when it is utilised. Even the case study on the same was posted by us on 26.10.2021.
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