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Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

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GST UPDATE ON ANNUAL RETURN PART-3

GST UPDATE ON ANNUAL RETURN PART-3
In continuation to our earlier update on reporting of credit notes, we intend to discuss certain other issues with respect to disclosure requirement of credit notes in the annual return. We submit that it is being understood that financial credit/debit notes that do not impact GST are not to be considered while filing annual return and reconciliation statement. However, certain disclosure requirement in annual return leads to reflecting financial credit/debit notes too which is totally absurd.
The serial no. 5H of annual return requires disclosure of credit notes issued in respect of following supplies made by the assessee:-
• Zero rated supply (export) without payment of tax, 
• Supply to SEZ without payment of tax
• Supplies on which tax is to be paid by the recipient on reverse charge basis
• Exempted
• Nil rated
• Non-GST supply 
It is worth noting that serial no. 5 of Annual Return pertains to “Details of outward supplies on which tax is not payable as declared in returns filed during the financial year”. Hence, this serial pertains to outward supplies on which GST is not payable. Consequently, the adjustments made in such supplies on account of issuance of credit/debit notes will also not have any GST effect. In nutshell, we can say that credit/debit notes issued against such supplies are to be treated as ‘financial credit/debit notes’ that should not have any disclosure requirement. However, serial no. 5H and 5I of the Annual Return requires separate disclosure of such credit notes/debit notes. 
At this juncture, it is also worth pointing that while filing GSTR-1, Nil rated supplies are to be disclosed in consolidated manner as inter-state registered, inter-state unregistered, intra-state registered, and intra-state unregistered. The assessees are not required to submit invoice wise details in GSTR-1 for nil rated/exempted/non GST supplies. Moreover, if there is any amendment in the value of such supplies, the same is adjusted in the consolidated amount in the GSTR-1 for the next month. Say for example, if the intra-state exempted supply to registered person was originally reported as Rs. 10,000/- in the month of July, 2017. Thereafter, cash discount of Rs. 2,000/- was given by way of issuing credit note. The said adjustment was made in the GSTR-1 filed for the month of September, 2017 which had exempted intra-state supplies to registered person as Rs. 20,000/-. Consequently, Rs. 2,000/- was deducted from the value of supplies and net amount of Rs. 18,000/- was reflected in the GSTR-1 for the month of September, 2017. This example implies that this adjustment in value of exempted supply by way of issuance of credit note does not impact GST and is to be considered as financial credit note. However, the annual return requires separate disclosure in 5H which will be difficult for the assessees as net amounts are reflected in GSTR-1. The government should seriously consider the amendment in the disclosure requirement specified in 5H of the annual return in the interests of assessees. 
It is also pertinent to ponder upon another difficulty that will be faced by assessee exporting goods and issuing credit notes. It is worth noting that exports can be done either under LUT or on payment of IGST. However, in case of exports on payment of IGST, the assessee claims refund of IGST paid and the IGST has no impact on the foreign buyer as it is not charged from the foreign buyer. Consequently, even if credit note is issued, it partake the nature of financial credit note that should not be declared in the annual return. Moreover, if the credit note is issued after the assessee has received refund of IGST, the GST effect cannot be made in the credit note as if credit note along with GST effect is issued, it will lead to double benefit of claiming refund and availing credit which is not permissible. It may be noted that till date there is no mechanism for linking credit note issued with the custom portal as the option to provide credit note in case of exports on payment of tax does not require mention of shipping bill by assessee. Hence, the logic behind separate disclosure of credit notes issued with respect to exports made on payment of IGST is not understandable. It may be noted that while filing GSTR-1, unlike nil rated supplies, there is option to disclose credit notes issued for exports made without payment of tax and exports made with payment of tax. A suitable clarification as regards disclosure requirement of credit notes in serial no. 5H should be issued by the government at the earliest possible. 
This is solely for the educational purpose.
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