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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 295 on recovery of ITC from recipient for default in payment of tax by supplier

GST Update No 295 on recovery of ITC from recipient for default in payment of tax by supplier
The issue as regards to denial of input tax credit to the recipient in case payment of tax is not made by the supplier has its tentacles from erstwhile indirect tax regime. It is well settled principle that legitimate input tax credit available to the recipient should not be denied for contravention of statutory provisions by the supplier as it would lead to punishing the innocent. On similar lines, recently one case was reported before hon’ble Madras High Court in the case of M/S D.Y. BEATHEL ENTERPRISES V/S THE STATE TAX OFFICER. The decision imparted in this case is subject matter of discussion of our present update.
The petitioner is trader in Raw Rubber Sheets and have purchased goods from Charles and his wife. The consideration along with tax component was paid to the seller through banking channels. Subsequently, inspection was carried out wherein it was observed that no tax was paid to the Government by Charles and his wife. Henceforth, a show cause notice was issued to the petitioner denying the input tax credit.
The petitioner submitted that all the amount was paid to the two sellers and therefore, they should be confronted during enquiry. However, without involving the sellers the order came to be passed levying the entire liability on the petitioners only. Reliance was further placed on the decision of Madras High Court in the case of SRI VINAYAGA AGENCIES VS. THE ASSISTANT COMMISSIONER, CT VADAPALANI. Moreover, the authority also does not have the jurisdiction to reverse the input tax credit already availed by the assessee on the ground that the selling dealer has not paid the tax. Reference was also drawn to the press release of GST Council dated 04.05.2018. Therefore, in case of default in payment of tax by the seller, recovery shall be made from the seller. Attention of the Court was also drawn towards the final assessment order dated 27.10.2020.The respondent filed a counter affidavit and contended that they do not warrant any interference. It was further argued that the respondent cannot be faulted for having reversed whatever ITC that was already availed by the petitioners herein.
The Court stated that it is crystal clear that the assessee must have received the goods and the tax charged in respect of its supply, must have been actually paid to the Government either in cash or through utilization of input tax credit. Therefore, in case appropriate amount of tax does not reaches to the kitty of Government, then liability needs to be borne by either the seller or purchaser. However, in the present situation, no recovery action is initiated against the seller. The Court stated that the revenue authorities have grossly erred in following the approach. Therefore, strict action needs to be initiated against the seller since tax was not remitted by him. Further, the respondent submitted that there is no movement of goods and hence, it becomes more necessary to set an enquiry against the seller. Thus, the impugned orders suffer from certain fundamental flaws since no examination or recovery is first made towards seller, rather action is directly initiated against the purchaser. Therefore, the petition was allowed and matter was remanded back for fresh proceedings.
The above decision is a landmark decision in favour of trade and industry. It is observed that time and again, the revenue authorities initiate action against the bonafide purchasers denying legitimate amount of input tax credit merely because the seller has failed to make payment of tax component in accordance with the provisions of Section 16(2)(c) of CGST Act, 2017. However, there had been various rulings wherein relief has been granted to the recipient. To illustrate, Apex court in the case of KAY KAY INDUSTRIES, Madras High Court in the case of SRI RANGANATHAR VALVES PRIVATE LIMITED VS AC [W.P.Nos.38488 to 38493 of 2015 dated 02.09.2020], INFINITI WHOLESALE LIMITED and Delhi High Court in the case of ARISE INDIA LIMITED held that no liability can be fastened on the purchaser in case the seller failed to deposit the tax amount. It is high time that these settled cases should be adhered to by the subordinate authorities failing whichthe aggrieved assessees will have to knock the doors of Courts repeatedly to seek relief.
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