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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 Circular contradicting relaxation provided during pandemic 56/2020-21

GST Update on Circular contradicting relaxation provided during pandemic 56/2020-21
It was represented by trade and industry that in order to cater to their working capital requirements during this pandemic situation prevailing in the Country, the operation of Rule 36(4) of CGST Rules, 2017 restricting the availment of input tax credit upto 10% of the eligible input tax credit reflected in GSTR-2A should be suspended. The government considered the suggestion and provided relaxation to comply with the requirement of Rule 36(4) vide notification no. 30/2020- Central Tax dated 03.04.2020, by way of inserting a proviso to rule 36(4) allowing the assessees to avail input tax credit irrespective of reflection of such credit in their GSTR-2A during the period from February 2020 to August 2020 and make cumulative adjustment in the return filed for the month of September, 2020. This amendment was a sigh of relief to the assessees but the clarification issued by circular no. 135/05/2020 dated 31.03.2020 poured cold water on the efforts to provide liquidity to the businesses during this difficult time.
The circular no. 135/05/2020 dated 31.03.2020 clarified that the refund of accumulated ITC shall be restricted to the ITC as per those invoices, the details of which are uploaded by the supplier in FORM GSTR-1 and are reflected in the FORM GSTR-2A of the applicant. The circular seek to take away the benefit provided by the earlier circular no. 125/44/2019-GST, dated 18.11.2019 allowing the assessees to claim refund of invoices not reflected in GSTR-2A by uploading/furnishing hard copies to the refund sanctioning authority. Hence, the government provided relaxation as regards operation of Rule 36(4) during the period from February 2020 to August 2020 but at the same time snatched the facility to claim refund of invoices not reflected in GSTR-2A by the assessees, in total contradiction to the notification no. 30/2020- Central Tax dated 03.04.2020.  
It is worth mentioning that restricting refund of ITC to the invoices uploaded by supplier in 2A is again in violation of Rule 89 which takes into account full ITC for a period. The Rule 89 of CGST Rules, 2017 prescribing formula also defines the meaning of “Net ITC” as input tax credit availed on inputs during the relevant period and does not distinguishes the input tax credit not reflected in GSTR-2A.
Moreover, if the refund claim is being denied of certain invoices which were not reflected in GSTR-2A, the question arises is that how will the assessee claim refund of such invoices subsequently when such invoices are reflected in their GSTR-2A at future point of time. There is no answer for this inbuilt hardship faced by the assessee on implementing the clarification issued by the circular. The circular is also silent on the procedure to claim refund of input tax credit in cases where the invoices not reflected in GSTR-2A have been subsequently uploaded by the supplier at future point of time. In our opinion, the circular cannot take away the right of assessee to claim refund merely for non-reflection of invoices in GSTR-2A, particularly when the provision contained in Rule 36(4) of CGST Rules, 2017 has been suspended during February, 2020 to August, 2020 for cumulative adjustment in the return filed for the month of September, 2020.
The government should ensure that the clarifications issued by way of circular should is not contrary to the other provisions of law. When the notification no. 30/2020- Central Tax dated 03.04.2020 is not restricting availment of input tax credit of invoices not reflected in GSTR-2A, how can the circular restrict refund of accumulated input tax credit for non-reflection of such invoices in GSTR-2A?
It is pertinent to mention that there have been numerous judgements in the erstwhile regime that have been affirmed by Supreme Court wherein it has been concluded that circulars which are contrary or inconsistent with the statutory provisions are not binding on departmental officers also. Reliance may be placed on the decision given in the case of Commissioner of Central Excise, Bolpur v/s M/s Ratan Melting & Wire Industries [2008-TIOL-194-SC-CX-CB] wherein it was held that a circular which is contrary to the statutory provisions has no existence in law.This circular will create havoc among taxpayers as already refund sanction process consumes considerable time and efforts of the assessee and such restrictions will block the working capital for indefinite period.
In our opinion, when the vires of Rule 36(4) is being challenged in the Delhi High Court and Gujarat High Court and is sub-judice, it is probable that the clarification restricting refund claim for the invoices reflected in GSTR-2A will also be challenged before the Courts.
This is solely for educational purpose.
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