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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. 304 on bail granted in case of ongoing investigation proceedings

GST Update No. 304 on bail granted in case of ongoing investigation proceedings
It is well known principle that the primary objective of bail is to secure the presence of accused at the time of trial or hearing. The action of arrest is to be taken under extreme circumstances as it restricts the freedom of the accused which is the fundamental right of any citizen. It is pertinent to note here that a person should be taken into custody only if there are reasons to believe that they might flee or tamper with the evidence. However, it seems that the revenue authorities have failed to understand this concept and hence, they are not wiling to grant bails easily to the accused. Recently, on similar note, one case was reported before Gujarat High Court in the case of MUNAVVER ISMAIL MEMON V/S STATE OF GUJARAT. The decision imparted in this case is subject matter of discussion of our present update.
The applicant was arrested as on 24.03.2022 and was produced before Metropolitan Magistrate Court on the same day. The bail application filed was rejected vide orders dated 20.06.2022 and 20.07.2022. Being aggrieved by the same, this Writ application is filed. The applicant is proprietor engaged in the business of cosmetic items. The firm was under investigation based on the intelligence reports stating that the applicant was involved in tax evasion activities. It was stated that goods were supplied without issuance of invoice since a software was created by the applicant which was used for tax evasion and showcasing less sales. Further, the applicant has made unaccounted sales and kaccha invoices which were not included in the accounts. It was therefore, alleged that loss of Rs. 10.94 crores were made to the Government Exchequer.
The petitioner submitted that there is no corroborative evidence found during the course of search and therefore the allegations are based on just entries which are made on assumptions and presumptions. Further, the applicant is regular taxpayer and return filer. Therefore, transaction related to sales and purchase are uploaded on the portal. Hence, the custody of applicant is not necessary. It was argued that no show cause notice under Section 61, 73 or 74 have been issued and the applicant is wiling to deposit 10% of the amount within a period of 6 months from date of release before department. It was further argued thatconstitutional right of liberty must be protected, unless further custody of the applicant is necessary as the basic jurisprudence of bail is that bail is a rule and jail is an exception.
The counsel of respondent contended that the applicant has acted contrary to the provisions of the Act. Thus, investigation is going on and therefore, if the applicant is released on bail, the investigation would adversely affect and considering the background facts of the applicant since he can temper with the evidence and influence the witnesses.
The court refereed to the judgement delivered by the Apex Court in the case of P. CHIDAMBARAM VS. DIRECTORATE OF ENFORCEMENT, (2020) 13 SCC 791. Further, it was stated that merely raising the contention that investigation is still going on is not enough. The department should have pointed out that the further custody of the applicant is necessary. It is the right of the assessee to file an appeal against the assessment subject to the pre-deposit amount. Therefore, it was decided to release the applicant on bail subject to certain conditions and on execution of personal bond.
The above decision is a favouring decision for the trade and industry. The Court adopted a liberal approach and granted relief to the taxpayer after acknowledging the repercussions faced by the business houses. It is pertinent to note here that powers of arrest should not be invoked by the departmental officers in routine matter without having any reason to believe that the taxpayer would abscond. Merely having vague belief cannot be considered as a valid ground to compromise with the constitutional right of freedom of any person. The Government should come up with a set of guidelines in this respect to save trade and industry from the wrath of tax officers.
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