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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 308 on parallel proceedings for same period by different wings is not permitted

GST update No 308 on parallel proceedings for same period by different wings is not permitted
The issue as regards to simultaneous and parallel proceedings for the same time period under consideration is prone to litigations since long. There had been various cases in practical life wherein the assessees had to face the nightmare of parallel proceedings, the repercussions of which are directly proportionate to hampering of the business activities. Recently, one such issue on same subject matter was reported before Calcutta High Court in the case of M/S R.P. BUILDCON PRIVATE LIMITED & ANR. V/S THE SUPERINTENDENT, CGST & CX.  The decision imparted in this case is the subject matter of discussion of our present update.
 
The petitioner has filed an appeal seeking Writ of Certiorari to quash the notices issued by concerned officers since the same is related to Financial Year 2017-18 to 2019-20 for which audit under Section 65 of CGST Act, 2017 has been conducted. Further, it is argued to declare the scrutiny of returns under Section 61 of CGST Act, 2017 as void, once an audit under Section 65 of the Act has been conducted by department for the same tax period. It was argued that the 4 issues were pointed out for the said tax period out of which two were accepted and necessary tax and penalty were remitted for remaining two issues. The response in this respect was submitted and the matter did not conclude. Meanwhile, the other wings i.e. Anti-evasion wing and Range office proceeded by issuing notices for the very same period for which audit proceedings under Section 65 of the Act has already been commenced.
 
The counsel of revenue contended to dismiss the petition on the grounds that the proceedings are in the nature of show cause notice. It was further submitted that range officers were not aware of the proceedings initiated by the audit and anti-evasion wing.

The Court observed that different wings of same department are proceeding against the appellant for the same tax period i.e. from Financial Year 2017-18 to 2019-20. The departmental authorities initiated action and issued notice under Section 65 of the Act. The details of the same were also furnished in the notice regarding GST audit. The Court stated that why in the present days of electronic communication, parallel proceedings are conducted by the three wings of the same department for the same tax period. Therefore, it was held that since the audit already commenced, the same should be concluded and the proceedings of anti-evasion wing and range office should not be proceeded further. The petition was allowed and the impugned order was set aside.

 

The above decision is a favourable decision rendered by the High court providing shelter to the harassed assesses by addressing their concerns of initiation of simultaneous proceedings against the assessee. Recently, even we have come across one issue on similar lines wherein audit as well as anti-evasion wing initiated proceedings pertaining to the same time period. But it was very difficult to make them understand the legal position pronounced by High Court.

The same point of view is upheld by various courts as well, such as Madras High Court in the case of COMMISSIONER OF CUSTOMS, CHENNAI V/s CHEMPLAST SANMAR [W.P. No. 2017 (354) E.L.T. 513 (Mad.)]. It is high time that judicial pronouncements like these should be considered by the subordinate authorities before initiating any proceedings failing which increases the difficulties of the taxpayers manifold as they have to knock the doors of courts for seeking relief.

 

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