Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
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.  

Comments

Print   |    |  Comment

GST UPDATE NO 82ND ON PAYMENT OF MANDATORY PRE-DEPOSIT VIA CREDIT NOT PERMISSIBLE SAYS ORISSA HIGH COURT :-

GST UPDATE NO 82ND ON PAYMENT OF MANDATORY PRE-DEPOSIT VIA CREDIT NOT PERMISSIBLE SAYS ORISSA HIGH COURT :-
The compliance of mandatory pre-deposit before filing appeal is a substantive condition and is required to be satisfied stringently. Another question which arises is whether the amount of mandatory pre-deposit required to be deposited can be adjusted through electronic credit ledger or not. Recently, the Hon’ble Orissa High Court in the case of M/S JYOTI CONSTRUCTION VERSUS DEPUTY COMMISSIONER [W.P. NO. 23508, 23511, 23513, 23514 and 23521 of 2021] concluded that it is not possible to utilise electronic credit ledger for making 10% deposit as mandated by section 107(6) of the CGST Act, 2017 for filing of appeal before the appellate authority. The outcome of this decision is the subject matter of discussion of our present update. The petitioner contended that the amount available in the electronic credit ledger could be used for making ‘any payment towards output tax’. Furthermore, section 2(82) of the OGST Act, defines meaning of ‘output tax’ as tax chargeable under this Act on taxable supply of goods or services or both made by the taxable person or his agent but excludes tax payable on reverse charge basis. It is contended by petitioner that since pre-deposit is percentage of output tax, the same could be paid by utilising electronic credit ledger. The Counsel for the department pleaded that as per the provision contained in section 41(2) of the CGST Act, 2017, the credit could be utilised only for payment of self-assessed output tax as per the return. Furthermore, as per section 49(4) of the CGST Act, 2017, the amount available in the electronic credit ledger may be used for making any payment towards output tax under this Act or under IGST Act, in such manner and subject to such conditions and within such time as may be prescribed. Reliance was also placed on the Apex Court decision in the case of SHUKHDEV SINGH VS BHAGATRAM SARDAR SINGH [AIR 1975 SC 1331] which concluded that if statue provides a thing to be done in a particular manner, then it has to be done only in that manner. Reference was also made to the decision given in the case of M/s JAYAM & CO VS STATE OF TAMIL NADU [2016 (15) SCC 125] which held that ITC itself is a concession and has to be utilised as per the provisions in the GST Statue and not otherwise. The hon’ble High Court conceded with the views of the revenue department and held that pre-deposit to be made under section 107(6) of the CGST Act, 2017 cannot be equated with ‘output tax’. Hence, it was not possible to utilise electronic credit ledger for making pre-deposit for filing appeal by the appellant. In our view, it is respectfully submitted that the above decision will be challenged before the Supreme Court because the similar dispute arose in erstwhile indirect tax regime which was ultimately decided in favour of the assessee. It is submitted that the balance in electronic credit ledger is also validly earned by assessee and payment made by utilising credit is as good as cash payment of taxes. When the output liability can be discharged by either of the means, credit or cash, then there is no justification for prohibiting credit utilisation for making pre-deposit for appeal. Reference can be made to the decisions rendered in erstwhile regime wherein pre-deposit made by utilising credit was considered as valid as follows: - • CADILA HEALTHCARE PVT. LTD. [2018-TIOL-1236-HC-AHM-CX] • MANAKSIA LTD. V COMMISSIONER OF CENTRAL EXCISE, HALDIA-[2017 (354) E.L.T. 415 (TRI. KOLKATA)] • MANAK MOTI FORGINGS PVT LTD VS COMMISSIONER OF CENTRAL EXCISE, AURANGABAD – [2010-TIOL-1863-CESTAT-MUM] It is hoped that the above decision is reversed by the Apex Court soon so that the fundamental right to appeal is not deprived to the assessees for want of payment of pre-deposit to be made in cash.
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com