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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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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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