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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-4

GST UPDATE ON ANNUAL RETURN COMPLIANCE-PART-4
GST UPDATE ON ANNUAL RETURN COMPLIANCE-PART-4
 
Inearlier update, we discussed about theon 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.In our update, we discussed about different situations and reflection of liability and input tax credit of tax paid under reverse charge mechanism. Apart from the points taken in our earlier update, one common issue that is being encountered by us is the payment of tax under wrong head under reverse charge mechanism. For example-ABC Ltd. paid CGST/SGST on freight charges under reverse charge mechanism on the basis of document issued by the local office of transporter but in reality, the registered office of the transporter is situated in another State and has reflected tax liability under IGST in GSTR-1. This is resulting in payment of tax once again under IGST, that too, vide DRC-03 for which assessee is not eligible to avail any input tax credit. In the present update, we seek to discuss the issues pertaining toPart III requiring to furnish details of ITC for the financial year.
 
One additional requirement that the assessee is required to comply with is the bifurcation of input tax credit into inputs, input services and capital goods which has no tax implication as such except the different provisions of reversal prescribed for inputs and input services under Rule 42 and capital goods under Rule 43 of the CGST Rules, 2017. Furthermore, in case of input tax credit availed with respect to tax paid under reverse charge mechanism, the assessee is required to bifurcate the said credit also into inputs, input services and capital goods. One practical problem that is being commonly faced is the bifurcation in case of reverse charge mechanism that was applicable under section 9(4) of the CGST Act, 2017 pertaining to supplies received from un-registered persons. The provision required payment of tax under reverse charge mechanism if the total supplies from un-registered persons exceeded Rs. 5,000/- per day. The supplies procured from un-registered persons comprises of bouquet of inputs and input services, some of which are being capitalised. The bifurcation of tax paid under section 9(4) of the CGST Act, 2017 is cumbersome exercise to be undertaken for the period from 01.07.2017 to 12.10.2017. The difficulty is not limited to bifurcation under section 9(4) of the CGST Act, 2017, but it is practically difficult to correctly reflect the figure of tax paid from registered and unregistered supplies under reverse charge mechanism for specified goods and services also under section 9(5) of the CGST Act, 2017. This is for the reason that during the initial stages of implementation of GST regime, transporters were using old bilties wherein their GST registration number was not mentioned. However, some of the transporters have reflected the tax liability payable under reverse charge mechanism in GSTR-1 filed by them but this proportion is extremely low. Many of the transporters have not filed their GSTR-1 inspite of being registered. As such, there is confusion as regards transporter being registered or not and the assessee is unable to pin point the bifurcation of tax paid under reverse charge mechanism with respect to registered and unregistered suppliers. The additional requirement of bifurcations as enumerated in the annual return should be dispensed with as far as the applicable tax is discharged by the assessee under reverse charge mechanism.
 
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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PRADEEP JAIN, F.C.A.

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