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Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

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GST Update No 331 on Final audit report to be issued after considering assessee’ s reply

GST Update No 331 on Final audit report to be issued after considering assessee’ s reply
Time and again the departmental authorities undertake audit of the businesses of the assessees which thereby results into unnecessary harassment of the taxpayer. Sometimes parallel proceedings are also invoked on the same subject matter which further increases the miseries of the taxpayer manifolds. However, it is often noticed that the revenue authorities fail to consider the submissions of the assessee which ultimately results into violation of principles of natural justice. Recently, one such case was reported before Orissa High Court in the case of M/S SIMON INDIA LTD V/S CT AND GST OFFICER. The decision imparted in this case is subject matter of discussion of our present update.
The petitioner challenged the draft audit report dated 30.06.2022 as well as the final audit report passed on the same date. The Counsel of petitioner referred to Rule 101 of CGST Rules, 2017 wherein it is prescribed that the proper officer shall finalise the findings of audit only after reply of the petitioner is considered. In the present case, no opportunity of being heard was offered to the assessee since draft audit report and final audit report was issued on the same day. Moreover, as per Section 65 of CGST Act, 2017 the audit is to be concluded within a period of 3 months from the date of commencement of audit. In the present case the audit commenced on 08.10.2021 and period of 3 months shall commence on 22.03.2022 when the documents were submitted by the petitioner. Therefore, entire proceedings should have been concluded on or before 22.06.2022. The draft audit report as well as final audit report concluded on the same day on 30.06.2022. It is further prescribed that as per procedural requirement, certain time is to be given to the petitioner to file reply of draft audit report which was not followed in the present case. Therefore, the final audit report dated 30.06.2022 was set aside.
Therefore, the present case was reverted at the stage of draft audit report dated 30.06.2022. However, even if the petitioner was offered an opportunity of being heard to file reply to draft audit report, the original deadlines of period of 3 months would be crossed as on 21.12.2022. If the exercise would not be completed, the entire proceedings would be rendered futile. Therefore, it was stated that the time for completion of audit should be extended by a further period of 6 months. It was directed to petitioner to file reply to the draft audit report not later than 28.11.2022 and the department to issue final audit report upto 21st December, 2022 subject to extension of 6 months granted by the Commissioner for completion of audit. The above decision is yet another example of the fact that proper submission of the petitioner was not considered which resulted into violation of principle of natural justice and furthermore, the interim and final audit report was concluded on the same day. This demonstrates the lack of proper training on the part of departmental authorities wherein the procedure prescribed in the law is not adhered to which creates havoc in the minds of taxpayers. It is high time that judicial rulings like these should be followed as binding precedent to avoid any unnecessary litigations in future.
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