Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
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  

Comments

Print   |    |  Comment

GST UPDATE ON DELAY IN CONSTITUTION OF APPELLATE TRIBUNAL:- 100/2020-21

GST UPDATE ON DELAY IN CONSTITUTION OF APPELLATE TRIBUNAL:- 100/2020-21
GST Law has celebrated his 3rd Birthday recently and it is expected that it fulfils its objective of “Good and Simple Tax”. There are many advancements pending in its effective implementation, one of being the constitution of Goods and Services Tax Tribunal (GSTAT). As we all know that for any law to be able to operate smoothly, it is utmost necessary that the areas of disputes and litigation are resolved at the earliest as ‘justice delayed is justice denied’. However, one of the important aspect of GST law still remains un-noticed which is the constitution and functioning of the GSTAT. In today’s update, we will discuss about reasons for delay in constitution of GSTAT and its repercussions faced by the taxpayers.
 
The GST Appellate Tribunal is not constituted till date and it is worth mentioning that its constitution itself is being challenged before Madras High Court in the case of REVENUE BAR ASSOCIATION VERSUS UNION OF INDIA [2019 (30) G.S.T.L. 584 (MAD.)] wherein it was held that requirement that GST Appellate Tribunal benches consists of one Judicial Member, one Technical Member (Centre) and one Technical Member (State) are liable to be struck down as administrative members outnumbering judicial member violated Article 14 and 50 of the Constitution of India and Supreme Court judgments. It is submitted that when the composition of members in GSTAT itself is under dispute, its functionality is far from reality in near future. However, due to non-constitution of Tribunal, the taxpayers are facing many problems as recovery proceedings are being initiated against them for not challenging the order passed by the Commissioner Appeals. It is submitted that filing of Writ before High Court in the absence of GSTAT is a costly affair and every taxpayer cannot afford to knock the doors of High Court. However, in this context, reference may be made to Removal of Difficulty Order No. 09/2019-Central Tax dated 03.12.2019 wherein the time limit for filing appeal before GSTAT has been specified as three months from the date of communication of order or three months from the date on which President or the State President, of the Appellate Tribunal after its constitution under section 109 enters the office, whichever is later. Hence, the starting point of the time limit for filing appeal before the GSTAT has been deferred till the date when President/State President enters office. However, till the constitution of the GSTAT, the taxpayers will be facing the rigours of recovery proceedings being initiated against them.
 
According to section 78 of the CGST Act, 2017, any amount payable by a taxable person in pursuance of an order passed under this Act shall be paid by such person within a period of three months from the date of service of such order failing which recovery proceedings will be initiated. It is to be noted that this section can very well be invoked by the revenue authorities as there is no exception to initiation of recovery proceedings wherein the statutory time limit for filing appeal has not expired. The provision contained in section 107(7) and section 112(9) also provides stay against recovery of balance amount only where appeal has been filed along with compliance of the condition of mandatory pre-deposit and there is no other exception regarding non-recovery of dues by the department. In the past also, dispute regards recovery of dues wherein appeal was pending along with stay application before Tribunal arose when draconian Circular No. 967/01/2013-CX, dated 1-1-2013 was issued. The taxpayers were issued recovery notices even during pendency of stay application and taxpayers could get relief only by filing writ petitions before High Courts and ultimately, the circular was quashed. When, in the erstwhile indirect tax regime, recovery proceedings were initiated even during pendency of appeals, then it cannot be expected by the taxpayers that the revenue authorities would not resort to recovery proceedings in cases where there is delay in filing appeal before GSTAT on account of its non-constitution. The above view is supported by the recent decision given by the Hon’ble Delhi High Court in the case of ZONES CORPORATE SOLUTIONS VS COMMISSIONER [2020-TIOL-1168-HC-DEL-GST] wherein it was held that the revenue authorities cannot be allowed to withheld refund due to the fact that department is unable to prefer appeal against the order of Commissioner Appeals allowing refund before GSTAT for its non-constitution. Therefore, when refunds can be withheld, ignoring the principle of judicial discipline laid down by the Apex Court in the case of UNION OF INDIA VERSUS KAMLAKSHI FINANCE CORPORATION LTD. [1991 (55) E.L.T. 433 (SC)] wherein it was held that mere filing of appeal cannot be grounds for not following the judicial principle, the recovery proceedings can also be initiated by the department against the taxpayers.
 
Hence, it is hoped that the GSTAT is constituted and made operational at the earliest possible so that unnecessary harassment of assessees by initiation of recovery proceedings is avoided as every taxpayer is not competent to file writ petitions before High Courts for getting reliefs. 
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