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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 ON ANNUAL RETURN COMPLIANCE-PART-1

GST UPDATE ON ANNUAL RETURN COMPLIANCE-PART-1
GST UPDATE ON ANNUAL RETURN COMPLIANCE-PART-1
 
As we all know that all registered assesses under GST Law are required to comply with the filing of Annual Return by 30.06.2019. The details required in annual return requires extensive compilation. Moreover, the amendments made in the format of Annual Return have raised several doubts as regards the presentation of appropriate information in relevant columns in light of practical complications. The series of update are being prepared to help the assesses in best possible manner and try to resolve the confusions prevailing as regards presentation of information in the annual return.
 
The government has also released instructions for filing the annual return but detailed clarifications are expected from the government so as to facilitate the assessees to correctly present the desired information under relevant tables of the format. At the outset, we wish to point out that the instructions indicate the source of information that is to be derived for various serial numbers, and at most of the places except pertaining to input tax credit details, reference is being made to GSTR-1. However, it is worth noting that while filing annual return, the details of various tables of GSTR-1 are to be considered, PROVIDED TAX has been discharged from GSTR-3B filed by the assesses. Consequently, the base for filing annual return will be GSTR-3B as tax liability is discharged through this return while GSTR-1 is only informative. Furthermore, the assessee is also required to ensure that correct figures are being reported in the annual return in case there was error in reporting information in GSTR-3B filed by him as the assessee is required to report “details of outward supplies made during the financial year” and not “declared during the financial year”. The above discussion clearly reveals the caution to be exercised while filing annual return by the assessee. We intend to discuss the compliances to be made by the assessee while filing annual return in the next series of our updates and we hope that the same is useful to our netizens.
 
We hereby discuss the details required to be furnished in part A of serial no. 4 of the annual return “Details of advances, inward and outward supplies made during the financial year on which tax is payable”.
4A Supplies made to un-registered persons (B2C):
The assessee is required to submit the details of B2C supplies net of debit notes and credit notes along with amendments made in such supplies during the financial year 2017-18. Important point to note is that assessee is not required to consider amendments made in the GSTR-1 filed for the months of April, 2018 to September, 2018 with respect to financial year 2017-18 while filing amount in this table. This can be better explained with following situations:-
Situation No. 1-Assessee made B2C supplies of Rs. 5,70,000/- during July, 2017 to March, 2018 with credit notes of Rs. 20,000/- raised in the month of February, 2018 which were duly accounted for in GSTR-3B filed for the month of March, 2018. In such a scenario, the amount to be considered for filing 4A shall be Rs. 5,70,000/- Less Rs. 20,000/- = Rs. 5,50,000/-
Situation No. 2-Assessee made B2C supplies of Rs. 5,70,000/- during July, 2017 to March, 2018 with credit notes of Rs. 20,000/- raised in the month of February, 2018 which were duly accounted for in GSTR-3B filed for the month of June, 2018. In such a scenario, the amount to be considered for filing 4A shall be Rs. 5,70,000/-. However, amount of Rs. 20,000/- will be reflected as tax reduced through amendments in serial no. 11 of the annual return.
Situation No. 3-Assessee made B2C supplies of Rs. 5,70,000/- during July, 2017 to March, 2018 with credit notes of Rs. 20,000/- raised in the month of April, 2018 which were duly accounted for in GSTR-3B filed for the month of May, 2018. In such a scenario, the amount to be considered for filing 4A shall be Rs. 5,70,000/-. The credit notes of Rs. 20,000/- raised in financial year 2018-19 will be part of annual return filed for the financial year 2018-19 and will not be considered while filing annual return for the financial year 2017-18.
 
We hope we clarified the different presentations to be made in various situations as discussed above in simple manner. The other aspects of presentation of various figures in annual return will be discussed in our next update.
This is solely for the educational purpose.
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