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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-5

GST UPDATE ON ANNUAL RETURN COMPLIANCE-PART-5
GST UPDATE ON ANNUAL RETURN COMPLIANCE-PART-5
 
In earlier update, we discussed about the practical difficulties encountered with respect to transactions and input tax credit pertaining to reverse charge mechanism. In the present update, we wish to discuss the clarifications issued by the recent Press Release dated 4.6.2019 which seeks to resolve various doubts prevailing in the minds of assessee.  
 
We had mentioned in our earlier updates while discussing the change in method of cross-utilisation of input tax credit that the change in law would not have any effect unless and until the common portal of GST supports the change as the online portal has precedence over law in the GST regime. Similarly, although the government has allowed assessees to avail the input tax credit for the financial year 2017-18upto the due date of filing return for the month of March, 2019 vide Removal of Difficulty Order No. 02/2018-Central Tax dated 31.12.2018, but the online utility mentions the period of credit availment as “April to September, 2018” in serial no. 8(C). Consequently, there was doubt in the minds of assessee that whether the input tax credit availed in the returns filed during the period October, 2018 to March, 2018 is to be reported in the said serial no. 8(C) or not? The Press Release has clarified in point no. (b) that input tax credit on inward supplies shall be declared from April, 2018 to March, 2019 in table 8C of Form GSTR-9. This clarification indicates that the Removal of Difficulty Order is to be followed irrespective of the format of GSTR-9 available online on the common portal which is a huge sigh of relief to the assessees.
 
The point no. (d) of the Press Release confirms our view given in our GST Update on Annual Return Compliance Part-1 that although the Instructions to the format of Annual Return makes reference of contents to be taken from GSTR-1 but in reality, the tax paying return being GSTR-3B is required to be given precedence. Therefore, the year in which tax has been paid in GSTR-3B will be taken as the basis of presentation of figures in the annual return.
 
Another important clarification has been given in point no. (g) according to which if IGST has been paid at the time of import of goods but has been availed in the return of April, 2018 to March, 2019 is required to be reflected in table 6(E) of GSTR-9 itself without the need of bifurcating the same as credit of previous financial year availed in subsequent financial year.
 
Lastly, we wish to bring out the contradiction in the clarification given in point no. (e) and point no. (h) of the Press Release. According to point no. (e), any outward supply that was not declared by the assessee in Form GSTR-1 or GSTR-3B shall be declared in Part II of Form GSTR-9 and thereafter, such additional liability will be reflected by the difference between the “tax payable” and “paid through cash” in serial no. 9 of Part IV of the annual return. The additional tax payable shall be paid through DRC-03. This is one method of presentation of additional liability not reported in GSTR-1 or GSTR-3B till date discussed in the Press Release. However, in point no. (h), it is simply stated that payments made through Form DRC-03 for any supplies relating to the period between July, 2017 to March, 2018 will not be accounted for in Form GSTR-9 but shall be reported during reconciliation in Form GSTR-9C. The Press Release does not indicate that the assessee has option to follow either point no. (e) or point no. (h). One may interpret that point no. (e) is to be followed for assessees filing annual return and having turnover upto Rs. 2 Crores who are not liable to submit reconciliation statement while point no. (h) is to be followed for assessees filing annual return along with reconciliation statement. However, the Press Release is clarifications for filing of Annual Return. However, both the points are merely different presentations for additional liability not declared in returns filed by the assessee but clarity in this aspect is needed from the government as following point no. (h) may attract the allegation of improper presentation of data in annual return. 
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