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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 on amendment of Section 140(1)

GST Update on amendment of Section 140(1)
Retrospective Effect of denial on credit of cess
The government has excluded the credit that taxpayers could avail at the time of transitioning to GST for the cesses paid in the previous indirect tax regime, according to amendments in the Central Goods and Services Tax Act moved in the Lok Sabha. The change in the amendment bill has been made effective from from July 1, 2017 i.e. retrospectively.
Prior to the amendment, many experts were of the view that this credit shall be carried forward as Section 140(1) didn't place a bar on transition of various cesses which were part of the Central Value Added Tax credit ledger of companies. Krishi Kalyan Cess, education Cess and secondary and higher eduction cess were included in the CENVAT credit ledger of companies.
Section 140 (1) of the CGST Act reads as follows-
A registered person, other than a person opting to pay tax under section 10, shall be entitled to take, in his electronic credit ledger, the amount of CENVAT credit carried forward in the return relating to the period ending with the day immediately preceding the appointed day, furnished by him under the existing law in such manner as may be prescribed. Provided that the registered person shall not be allowed to take credit in the following circumstances, namely:-
(1)where the said amount of credit is not admissible as input tax credit under this Act; or
(2) where he has not furnished all the returns required under the existing law for the period of six months immediately preceding the appointed date; or
(3)where the said amount of credit relates to goods manufactured and cleared under such exemption notifications as are notified by the Government”
As there was no specific restriction for transition of this credit under GST, many taxpayers took a view that the cess paid can be carried forward in the GST regime. But the FAQ released by CBIC clearly said that the balance of cess cannot be carry forward in GST regime. But many scholars opined against this FAQ and held that FAQ do not legal binding and its balance can be carried forward.
However,Authority of Advance Ruling pronounced in case of KANSAI Nerolac Paints Limited in favour of department wherein carry forward of credit in KKC of service tax has been denied. The head note of this decision read as under:-
GST - Migration - Cenvat credit - Carry forward of accumulated credit by way of Krishi Kalyan Cess (KKC) appearing in Service Tax return of Input Service Distributor in electronic credit ledger maintained under Central Goods and Services Tax Act, 2017 - Admissibility as input tax credit - Insertion of sub-rule (1a) to Rule 3 of Cenvat Credit Rules, 2004 allowing provider of output services credit of KKC on taxable services leviable under Section 161 of Finance Act, 2016 - Cenvat credit was available in respect of KKC - However it was to be utilised only towards payment of KKC - KKC cannot be treated as Excise duty or Service Tax and Cenvat credit as referred to in Section 140(1) of Central Goods and Services Tax Act, 2017 would not include credit in respect of KKC - Non-availability of carry forward of credit with respect to KKC has been clarified to Trade in Frequently Asked Questions (FAQ) issued by Central Board of Excise and Customs - Accumulated credit by way of KKC as it appeared in Service Tax return of Input Service Distributor (ISD) on June 30, 2017 which was carried forward in electronic credit ledger maintained under Central Goods and Services Tax Act, 2017, will not be considered as admissible input tax credit.
 But after this amendment, there is no ambiguity and this credit will be denied after assent of these bills. The impact shall be that the taxpayers aren’t eligible to transfer the credit of various cesses, they may be required to reverse the credit they have availed. Even the department will demand the interest on the same.
Taxpayers may question the retrospective applicability of the proposed amendment.They may take the support in the landmark Income tax case of Vodafone Limited wherein the Government introduced a retrospective clarification to the Income-Tax (I-T) Act, 1961, virtually amending the law to ensure that cross-border transactions are taxable. There was all round protest against the Government in the international arena at that time and the Government has promised at that time that no retrospective amendment will be made in the tax law against the assessee.
But again retrospective amendment has been made against the assessee.  This will again prove that the Government is not keeping its words and amending the law retrospectively which affect badly the interests of the poor taxpayers.
Thus government shall consider the plea of the taxpayers and allow carry forward of credit of Cess.
 
The content of this GST update is for educational purpose only and not intended for solicitation.
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