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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 ANNUAL RETURN COMPLIANCE-PART-3

GST UPDATE ON ANNUAL RETURN COMPLIANCE-PART-3
GST UPDATE ON ANNUAL RETURN COMPLIANCE-PART-3
 
In earlier update, we discussed about the details to be filled in serial no. 4B “Supplies made to registered persons (B2B)” of Part-II of the Annual Return requiring the details of advance, inward and outward supplies on which tax is payable as declared in returns filed during the financial year. In the present update, we seek to discuss on the details required to be filed with respect to Inward Supplies on which tax is to be paid on reverse charge under serial no. 4G of the Annual Return.
 
As we all know that under GST regime, the assessee is required to pay GST under reverse charge mechanism under two sections, section 9(3) specifying goods or services under on which reverse charge is applicable and section 9(4) pertaining to supplies from un-registered persons. It is worth noting that the reverse charge mechanism under section 9(4) of the CGST Act, 2017 was deferred vide notification no. 38/2017-Central Tax (Rate) dated 13.10.2017 and so the reverse charge on account of inward supplies from un-registered persons was in operation from 1.7.2017 to 12.10.2017 subject to limit of Rs. 5,000/- per day. Therefore, while filing annual return, the assessee is required to compute their liability properly under both the sections and if GST has not been paid on the transactions attracting reverse charge mechanism, the said GST is required to be paid vide DRC-03 in cash. It is also pertinent to mention that the GST paid vide DRC-03 with respect to reverse charge mechanism would become cost to assessee as the input tax credit would not be admissible to the assessee for the same.
 
The reporting of transactions relating to reverse charge mechanism would effect liability and input tax credit simultaneously which point needs to be taken care of particularly. We hereby discuss different situations and their reporting from the perspective of filing annual return:-
 
 
Situation No. 1:-
RCM Liability for the month of Discharged in GSTR-3B for the month of Whether input tax credit admissible? Input Tax Credit availed in the GSTR-3B for the month of
October, 2017
Amount-Rs. 1,75,000/-
March, 2018 Yes March, 2018
Amount-Rs. 1,75,000/-
 
The reporting of the above transaction in annual return will be as follows:-
The RCM liability will be reported in Table 4G as Rs. 1,75,000/-
The input tax credit availed will be reported in Table 6C/6D as Rs. 1,75,000/-.
Situation No. 2
RCM Liability for the month of Discharged in GSTR-3B for the month of Whether input tax credit admissible? Input Tax Credit availed in the GSTR-3B for the month of
October, 2017
Amount-Rs. 1,75,000/-
Rs. 1,00,000/- was discharged in March, 2018.
Balance liability of Rs. 75,000/- was discharged in May, 2018.
Yes ITC of Rs. 1,00,000 taken in March, 2018
Balance ITC of Rs. 75,000/- taken in May, 2018
 
In the annual return, we are suppose to reflect transactions pertaining to financial year 2017-18 given effect for in returns filed during 2018-19 separately. Therefore, the reporting under the above situation will be as follows:-
The RCM liability of Rs. 1,00,000/- will be reported in table 4G while the balance liability of Rs. 75,000/- will be reported in table 10 of the annual return.
Similarly, the ITC availment of Rs. 1,00,000/- will be reported in table 6C/6D while the balance ITC availment will be reported in table 13 of the annual return.
 
Situation No. 3
RCM Liability for the month of Discharged in GSTR-3B for the month of Whether input tax credit admissible? Input Tax Credit availed in the GSTR-3B for the month of
October, 2017
Amount-Rs. 1,75,000/-
Not discharged till date Yes Not availed till date
 
The amount of Rs. 1,75,000/- required to be discharged under reverse charge mechanism but not paid till date by the assessee will have to be reflected in table 4G of annual return and will have to be paid vide DRC-03. It is to be noted that the assessee will not be able to take input tax credit even if the same is admissible as no claim for input tax credit can be made through filing of annual return. 
 
It is submitted that during the initial stages of implementation of GST regime, there was confusion as regards availability of input tax credit paid under reverse charge mechanism in the same month and consequently, there are cases wherein GST was paid under reverse charge mechanism but the input tax credit was claimed in subsequent months. In such cases, there will be change in the reporting mechanism as discussed in the above situations. For the sake of clarity, we explain the scenario by way of following situation:-
 
 
RCM Liability for the month of Discharged in GSTR-3B for the month of Whether input tax credit admissible? Input Tax Credit availed in the GSTR-3B for the month of
October, 2017
Amount-Rs. 1,75,000/-
Rs. 1,75,000/- was discharged in November, 2018. Yes ITC of Rs. 1,00,000 taken in January, 2018
Balance ITC of Rs. 75,000/- taken in April, 2018
 
The RCM liability will be reported in Table 4G as Rs. 1,75,000/-
The input tax credit availed will be reported in Table 6C/6D as Rs. 1,00,000/- whereas the balance input tax credit availed in April, 2018 (next financial year) will be reported in table 13 of the annual return.
 
The points as regards other aspects in filing annual return will be discussed in our next update.
This is solely for the educational purpose.
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