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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 DEFAULT BAIL FOR NON-FURNISHING OF FINAL REPORT BY GST OFFICER

GST UPDATE ON DEFAULT BAIL FOR NON-FURNISHING OF FINAL REPORT BY GST OFFICER
The provisions contained in section 132 of the CGST Act, 2017 pertains to punishment for certain offences and the sub-section (5) specifies that the offences under clause (a), or clause (b), or clause (c) or clause (d) of sub-section (1) and punishable under clause (i) of that sub-section are cognizable and non-bailable. Moreover, the provisions regarding power to arrest as contained in section 69 of the CGST Act, 2017 are subject to the provisions contained in the Code of Criminal Procedure, 1973. Consequently, we need to be aware of the provisions contained in the Code of Criminal Procedure, 1973 (Cr. P.C.) also. Recently, the benefit of default bail contained in section 167(2) of the Cr. P.C. was not granted to the petitioner by Hon’ble Chhattisgarh High Court in the case of PARITOSH KUMAR SINGH VS STATE OF CHHATISGARH. The outcome of this decision is the subject matter of the present GST update. The petitioners have filed this writ petition (criminal) under Article 226 of the Constitution of India challenging the legality and propriety of the order passed by 5th Additional Sessions Judge, Raipur by which he rejected the application for grant of default bail filed by the petitioner under Section 167 Cr. P. C.. Petitioners submitted that the petitioners have been arrested for alleged violation of Central Goods and Service Tax Act, 2017 for offence committed under Sections 132(1)(b) and (c) of the Act of 2017 and produced before the Judicial Magistrate, from where they were sent to judicial custody. Petitioners also submitted that the petitioners have been arrested and produced before the Magistrate concerned on 25.01.2021 from where they have been remanded in judicial custody and as per Section 132 (1)(b) and (c) of the Act of 2017 wherein maximum punishment is 5 years with fine. As per Section 167(2) Cr. P. C., respondent authorities are bound to file charge-sheet within 60 days and in this case charge-sheet has not been filed but a complaint has been filed on 25.03.2021. Complaint has been filed by the Senior Intelligence Officer. Petitioner contended that as per the provisions of Cr.P.C. it is responsibility of the respondent authority to submit charge sheet within 60 days, however, in the present case, no charge-sheet has been filed, therefore, the petitioners are entitled to be released on bail but the same has been denied by the Chief Judicial Magistrate. However, the hon’ble Chhattisgarh high court relied on the Supreme court decision of Badaku Joti Savant (supra) wherein it was held that Central Excise Officer cannot be treated as Police Officer so the Central Excise Officer can only file complaint as per Section 190 of the Cr. P.C. and cannot submit final report. The hon’ble High Court followed the decision of the Apex Court which held that Central Excise Officer has the same powers as conferred by police officer as under of the Evidence Act but the same does not includes power to submit a charge-sheet under section 173 of the Code of Criminal Procedure Act. Therefore, it was held that merely because the GST officer failed to submit the charge sheet/final report as required within a period of 60 days, the same cannot lead to granting benefit of default bail under section 167(2) of the Cr. P.C. It was held that filing of complaint within the period of 60 days by the GST officer is sufficient compliance as the GST officer is not required to exercise the duties of police officer. Hence, the application for grant of default bail under 167 of Cr. P.C. was rejected by the High Court. It is observed that often the benefit of doubt is being provided to the assessee for non-compliance of procedural requirements by the revenue authorities but the hon’ble High Court took a strict interpretation in the above-mentioned case for grant of bail as the GST evasion was on account of fake invoices involving revenue to the extent of Rs. 258 Crores.
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