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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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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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