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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 338 on Circular by Kerala Government regarding amended GSTR-3B

GST Update No 338 on Circular by Kerala Government regarding amended GSTR-3B
Since the introduction of GST regime, the GSTR-3B underwent substantial changes of which one of the significant changes was methodology of making declaration regarding input tax credit which was introduced after 43rd GST Council meeting vide Notification No. 14/2022-Central Tax dated 05.07.2022. To put an end to confusions and discussions on this issue and bring uniformity, recently Kerala GST Wing issued a Trade Circular No. 1/2022 dated 21.11.2022. The detailed analysis of this Circular is subject matter of our present update.
 
It is well known that in Table 4(A) of GSTR-3B pertaining to input tax credit, auto-populated input tax credit gets reflected from auto-drafted inward statement i.e. GSRT-2B. Further, the utilization of input tax credit against output tax liabilities as shown in Table 6 of GSTR-3B gets auto-populated from electronic credit ledger and also from Table 4(C)- Net ITC Available of GSTR-3B. However, with the amendment in method of declaring input tax credit, it is often observed that the taxpayers are facing confusions which results into wrong declaration of input tax credit in GSTR-3B. There had been instances wherein the taxpayers deduct the amount of ineligible input tax credit directly be editing the total input tax credit amount which is auto-populated in Table 4(A) of GSTR-3B. While in some cases it is observed that the taxpayers fail to declare ineligible input tax credit under Table 4(B) of GSTR-3B. This results into wrong utilization of ineligible credit and hence, the taxpayers shall be liable to reverse such credit along with interest at the rate of 18% p.a.
 
To put an end to all the tug-of-war between the department and the assessee, it is now stated that the total ITC (eligible and ineligible) which is auto-populated in Table 4A of GSTR-3B shall not be deducted with the amount of ineligible input tax credit. Hence, out of the input tax credit as shown under Table 4(A) of GSTR-3B, if input tax credit needs to be reversed on account of Rule 38, Rule 42 and 43 and Section 17(5) of CGST Act, 2017, the same shall be declared in Table 4(B) (1) of GSTR-3B. Furthermore, in case of reversal of ITC which are not permanent in nature and is reclaimable in future such as Rule 37, Section 16(2)(b), 16(2)(c) and input tax credit which was wrongly availed in any previous tax period due to inadvertent mistake shall be displayed in Table 4(B)(2) of GSTR-3B. The same may be reclaimed in future in n Table 4 (A) of GSTR-3B. All such reclaimed input tax credit shall also be shown in Table 4 (D) (1) of GSTR-3B. Hence, under Table 4(C) of GSTR-3B, “Net ITC available” shall be displayed which shall be 4A-[4B(1)+4B(2)]. Furthermore, input tax credit available as per Section 16(4) of CGST Act, 2017 or where recipient is located in a different State / UT than that of place of supply shall be displayed in Table 4D(2) of GSTR-3B. However, in case ineligible or blocked input tax credit is availed wherein the time limit of filing rectification in GSTR-3B is expired, the reversal of input tax credit in such a case shall be made by filing GST DRC-03.
 
The above clarification is a welcoming clarification by the taxpayers wherein all the disputes and discussions are ended. However, it seems that now the taxpayers need to be more vigilant before filing GSTR-3B failing which adverse repercussions will be faced by them. It is highly anticipated that other state Governments shall also address this issue and issue suitable clarifications in this respect at the earliest possible.
 
 
 
 
 

 
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