Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
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  

Comments

Print   |    |  Comment

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.
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com