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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 294 on non-payment of tax collected by railways to the government

GST Update No 294 on non-payment of tax collected by railways to the government
It is well settled principle that the taxpayers cannot be burdened with demand and penalty merely because of unintentional mistakes. It is often observed that the tax liability to be discharged under reverse charge mechanism is actually remitted by the recipient to the supplier but the government catches the recipient and fastens demand on them. It appears that revenue authorities are under a habit of punishing the taxpayers irrespective of their intention of evasion of tax or not. Consequently, the Courts have to interfere to award relief to the taxpayers. Recently, a case was reported before Bombay High Court in the case of ARUN KRISHNACHANDRA GOSWAMI V/S UNION OF INDIA wherein the issue of non-payment of tax collected by the railways to the government was raised wherein the actual liability to pay tax to the government was on the recipient under reverse charge mechanism. The decision delivered in this case is the subject matter of our today’s update.
The petitioner is engaged in business of advertising and providing advertising solutions to different parties. The petitioner also provided services to Indian Railways wherein as per the letter of acceptance, it was agreed that the petitioner would pay the applicable taxes to the Railway Administration who in turn would pay the same to the government exchequer. The petitioner continued to pay GST at 18% on value of services to the railways.
On 21.12.2020, a notice was received by the petitioner regarding conducting audit and directing to attend the office along with books of accounts and records for FY 2017-18. During the audit it was stated that petitioner was paying GST at 18% to the Railways instead of paying the same to the Central and State Government.
The counsel of revenue argued that the taxpayer was wrongly making paymentto the Railways in accordance with the provisions of Section 9(3) of CGST Act, 2017 wherein it is prescribed that tax shall be payable by recipient of goods or services or both under reverse charge mechanism. Furthermore, the invoice raised by the petitioner also provides “is tax payable on reverse charge mechanism- Yes”. It was pointed out that the CGST and SGST amount was also mentioned on the invoice.
The Court stated that in the present case, the petitioner has not attempted to evade any tax. In the present case, it is crystal clear that mistakenly petitioner made payment to railways instead of making payment to Government directly. Further, the railway department was also not in an immediate administrative position to check and react to wrongful deposits. Therefore, it was directed to ensure that the amount is to be paid to CGST and SGST authorities within 2 weeks and a sympathetic view should be taken as regards levy of interest or penalty on the petitioner. It was further held that input tax credit of the same should be given to the petitioner after the tax is paid to the government by the railways. However, on pointing out the difficulty of making payment directly to the Government by railways, it was directed by the Court that the railways would remit the amount to the petitioner and thereafter, the petitioner shall make the payment within one week.
The above decision demonstrates the fact that liberal approach needs to be followed by the authorities in case there is no intention of evasion of tax by the taxpayers. It is very common that the taxes are paid by the recipient to the supplier whereas tax was to be paid by the recipient under reverse charge mechanism to the government exchequer directly. The revenue authorities should take a lenient view for recipient assessees in such cases so that huge penalties and interest amount is not incurred by them merely because of procedural lapses. It is high time that rulings like these should be followed taking a liberal approach so that repercussions are not faced by the taxpayers.
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