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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 286 ON PRACTICAL DIFFICULTIES IN AMENDED GSTR-3B

GST UPDATE NO 286 ON PRACTICAL DIFFICULTIES IN AMENDED GSTR-3B
The new format of GSTR-3B has been made applicable for the return filed for the month of August, 2022. We have already highlighted the complexities and the increased compliance burden on the assessee due to revised GSTR-3B format requiring proper accounting and presentation of ineligible input tax credit. In the present update, we seek to point out various other practical difficulties being faced by the assessees while filing their GSTR-3B in the new format.
Before proceeding further, it is pertinent to briefly summarise the changes made in the revised GSTR-3B format. Serial no. 4(A)(5) of the GSTR-3B pertains to all other ITC which will have figure of credit auto-populated from GSTR-2B. Serial no. 4(B) comprises of the details of ITC reversed. Serial no. 4(B)(1) pertains to ITC reversed as per Rule 38, 42, and 43 of CGST Rules and section 17(5). Moreover, serial no. 4(B)(2) will comprise of other reversal of credit. The matter does not end here as the assessee is also required to furnish the other details in serial no. 4(D). As per serial no. 4(D)(1), details of ITC reclaimed which was reversed under table 4(B)(2) in earlier tax period is to be reflected while in serial no. 4(D)(2), ineligible ITC under section 16(4) and ITC restricted due to POS provisions is to be reported.
We hereby discuss the various practical issues of presentation being faced by the assessees as follows:-
1. Treatment of non-issuance of credit note by the supplier for sales returns/short receipt:- At times, it is observed that there is short receipt of goods or sales returns for which the supplier does not issue any credit note. Resultantly, the recipient issues debit note and reverses the applicable input tax credit. The question arises is how to reflect the said input tax credit in the revised GSTR-3B. As the credit note is not being reflected in GSTR-2B, the recipient assessee needs to voluntarily reverse the proportionate input tax credit. The recipient assessee will reverse the credit in serial no. 4(B)(2) of the GSTR-3B on the basis of debit note raised by it. However, there is no clarity as to the treatment when the supplier actually issues the credit note and the same is being reflected in GSTR-2B subsequently. In such a situation, theserial no. 4(A)(5) will be auto-populated with lower input tax credit in the month in which the credit note is being reflected by the supplier but in reality, the assessee had already reversed the applicable input tax credit in earlier GSTR-3B. Now, the question arises is whether the recipient assessee can make adjustment by including such credit in serial no. 4(A)(5) when the credit note is being reflected in GSTR-3B? Moreover, will the recipient assessee need to reflect such credit in serial no. 4(D)(1) simultaneously? This will require the assessee to keep track record of debit notes and credit notes that are being reflected in GSTR-2B which will be a herculean task. A suitable clarification needs to be issued to address this difficulty by the government at the earliest possible.
2. Invoice reflected in GSTR-2A does not pertain to the assessee:- It is possible that certain invoices that are being reflected in GSTR-2A do not pertain to the assessee. However, with the revised format in operation, even such credit which do not pertain to the assessee will be part of serial no. 4(A)(5) of the GSTR-3B. Consequently, the assessee will reflect the said credit in serial no. 4(B)(2) as other credit reversal. But as per interpretation, this column stands for the credit to be claimed later on. But this credit is not to be claimed by taxpayer , hence a view is formed that it should be shown in 4(B)(1). But this is for specific clause of Rule, 42 and 43 of CGST Rules and Section 17(5) of CGST Act. Hence, it should be shown A(B)(2) only. This should be clarified by the department.
3. Invoice not received but the input tax credit reflected in GSTR-2B:- It is submitted that as input tax credit can be availed only when the assessee is in possession of valid GST invoice, the said credit will be reflected in serial no. 4(A)(5) of the GSTR-3B. Consequently, the assessee will reflect the said credit in serial no. 4(B)(1) if it is certain that the credit is ineligible. However, if the assessee is not sure whether the credit is eligible or ineligible, the said credit will be reflected in serial no. 4(B)(2) as other credit reversal. However, on receipt of valid GST invoice, such credit will have to be reflected in serial no. 4(A)(5) and 4(D)(1) if the credit is under eligible category. Again the ambiguity raised in earlier point will be raised. Hence, a suitable clarification from CBIC is solicited.
4. Invoice pertains to July month and reflected in GSTR-2B of July month but omitted from claiming in GSTR-3B:- There may be situation that invoice for the month of July, 2022 was omitted
from claiming in GSTR-3B which is now being claimed in the month of August, 2022. However, the said invoice was already reflected in GSTR-2B of July, 2022 and was also booked in the accounts of assessee. In such a case, the assessee will have to report the input tax credit pertaining to the said invoice in serial no. 4(A)(5) of the GSTR-3B of August, 2022. Moreover, the said credit also needs to be reflected in serial no. 4(D)(1) of the GSTR-3B as the inflated credit of serial no. 4(A)(5) needs to be re-conciled by the assessee. This is on the assumption that the assessee is in a way re-claiming the said input tax credit in the month of August, 2022 which was reflected in GSTR-2B of July month but could not be claimed for clerical mistake. It is to be assumed that omission is as good as reversing the said credit, similar to the situation of goods in transit. Although, some experts may opine that such an interpretation would lead to retrospective application of the new format which is not legally valid. A suitable clarification is needed from the government on this point.
5. Invoice pertains to June, 2022 but reflected in GSTR-2B of August, 2022 and booked in the month of August, 2022:- There may be situation that supplier has filed belated GSTR-1 for an invoice pertaining to the month of June, 2022 due to which the credit pertaining to the said invoice is being reflected in GSTR-2B of August, 2022. As the said invoice was not reflected in GSTR-2B for the month of June, 2022, the assessee did not record the said credit in their books of accounts. Now, the assessee will have to report the said credit pertaining to invoice raised in the month of June, 2022 in serial no. 4(A)(5) of the GSTR-3B. However, it is not required to reflect such credit in serial no. 4(D)(1) of the GSTR-3B because the said credit was not accounted for by the assessee in their books of accounts earlier.
The above problems are only illustrative and the actual difficulties will be encountered when the GSTR-3B returns are being regularly filed in the new format. It is hoped that the government issues suitable clarification to resolve various presentational disputes at the earliest possible so that objective of ease of doing business is achieved.
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