Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
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.  

Comments

Print   |    |  Comment

GST Update on Clarification in respect of utilization of input tax credit under GST

GST Update on Clarification in respect of utilization of input tax credit under GST
 
Today we are sharing an update on the clarification issued by the department on order of utilization of input tax credit. As the provisions contained in section 49A and 49B of the CGST Act, 2017 and Rule 88A have been introduced, the provisions cannot be implemented due to absence of appropriate facility at the common portal. We had prepared an update on the same in which we have tried to explain in the simple manner the concerns addressed by the discussed communication.
 
 
The Central Board of Indirect Taxes and Customs vide its Circular No. 98/17/2019-GST dated 23rd April 2019, addressed the confusions created due to change in the order of utilisation of input tax credit. Although, the provisions contained in section 49A and 49B of the CGST Act, 2017 along with Rule 88A have been introduced but the provisions cannot be implemented due to absence of appropriate facility at the common portal. This has also led to confusion as regards the validity of the returns filed by assessees as the manner of utilisation of input tax credit is not in conformity with Rule 88A of the CGST Rules, 2017. Furthermore, important point to note is that whether the provisions contained in Rule can override the provisions contained in section 49A of the CGST Act, 2017 recently amended by the government. Well, as stated in our earlier update also, in GST era, the GSTN has precedence over the provisions contained in the Act or the Rules as even if the Rule 88A prescribes new mechanism for utilisation of input tax credit, the said mechanism cannot be adhered to unless and until the common portal is compatible with the amended provisions. Till date, the functionality to utilise credit as per the provision contained in Rule 88A is not operational on the common portal and so this circular clarifies that the assessee may continue the old method of utilisation of input tax credit which at least relieves the assessee from the fear of dispute with revenue authorities as regards mechanism of utilisation in future.
 
The order of utilisation of input tax credit is explained as follows:-
Input tax Credit on
account of
Output liability on account of
Integrated tax
Output liability of
Central tax
Output liability of State tax / Union
Territory tax
Integrated tax 1st 2nd  and 3rd – In any order among C & S  and in any proportion  between  them.
Central tax (only after completely using IGST) 5th 4th Not permitted
State  tax  /  Union
Territory tax (only after completely using IGST)
7th Not permitted 6th
 















It is to be noted here that the provision contained in Rule 88A is in line with the newly inserted section 49A of the CGST Act, 2017 which overrides the provisions of section 49 of the CGST Act, 2017. However, it is only section 49 that states that the central tax should not be utilised for payment of State Tax/UT tax or vice versa. It is also worth noting that the provisions of section 49A overrides section 49 without any exception whereas provision of section 49B are notwithstanding anything contained in the Chapter but subject to clause (e) and (f) of section 49(5) which state that the credit of Central Tax cannot be utilised for payment of State Tax/UT tax or vice versa. Furthermore, it has not been specified that Rule 88A is being issued under section 49B of the CGST Act, 2017. Not only this, section 49B clearly states that the government may on the recommendations of the Council prescribe the order and manner of utilisation of input tax credit. However, the 34th GST Council Meeting exclusively discussed the changes to be made in the real estate sector.  Consequently, it can be inferred that since there was no express recommendation of GST Council for change in utilisation of input tax credit, Rule 88A has been issued in line with section 49A of the CGST Act, 2017. However, the Rule 88A goes one step ahead and grants choice to the assessee that the remaining balance of input tax credit on account of IGST can be utilised in any order for discharging liability of CGST/SGST/UTGST. Now, the moot question that arises is that is it permissible to change the manner of utilisation of input tax credit by granting discretion to the assessee regarding order of utilisation even when there is no such provision in section 49A of CGST Act? Another question that arises is whether the present clarification issued in the context of Rule 88A is binding on assessee and department both? It is submitted that the circulars issued by the board are binding on departmental authorities but the Hon’ble Supreme Court has held in the case of RATAN MELTING & WIRE INDUSTRIES [2008 (231) E.L.T. 22 (S.C.)]that circulars are binding on revenue authorities but they can challenge the said circulars if they are contrary to the statutory provisions contained in law. Well, as the provisions contained in Rule 88A grant liberty as regards order of utilisation of IGST credit between CGST/SGST/UTGST as per choice of assessee which is not backed by any statutory provision, the validity of Rule 88A and the clarification is surely doubted. Well, as far as the method of utilisation of credit is favourable to the assessee, there is no harm in following the same. But, as stated by us in the beginning of this update, it is an irony to see that neither the Act, nor the Rules prevail but what prevails is the Software of GSTN. Hence, the benefit of this new method of utilisation can be availed only after the said facility is operational on the common portal.  
 
This is solely for the educational purpose.
You can reach us at www.capradeepjain.com, at our facebook page on https://www.facebook.com/GSTTODAYBYPRADEEPJAIN/ as well as follow us on Twitter at https://www.twitter.com/@capradeepjain21
          
 
  
   
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com