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Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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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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