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Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

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GST UPDATE ON ENHANCEMENTS IN EWAYBILL SYSTEM FROM 1ST OCTOBER 2018

GST UPDATE ON ENHANCEMENTS IN EWAYBILL SYSTEM FROM 1ST OCTOBER 2018
GST UPDATE ON ENHANCEMENTS IN EWAYBILL SYSTEM FROM 1ST OCTOBER 2018
Today’s GST update deals in latest enhancement made in E way bill system applicable from 1st October 2018. 
Following are the enhancements done in the eway bill generation form-
•Display of only relevant document types in “Document Type” drop-down list based on the selected Transaction “Supply Type” and “Sub Type” by the taxpayers- In the new version, once the user selects the Transaction type and Sub Type in ‘Transaction Details’ section, system will display only the relevant document types in ‘Document Type’ dropdown pertaining to the selected sub type. For example, if the user selects the Transaction Sub-Type as “Supply” for Outward supplies, system will display only Tax Invoice and Bill of Supply in the ‘Document Type’ dropdown list unlike in previous version where system used to display all the document types irrespective of the ‘Transaction Sub-Type’ selected by the user.
•Auto-population of state name based on the pin code entered at consignor and consignee addresses-In the new version, once the tax payer enters the pin code in “Bill From” & “Bill To” sections, state name will be auto-populated based on the entered pin code. If the PIN code entered by the user is shown as invalid by the system, the user needs to recheck the PIN code again. Still if it is valid PIN Code as per user, then the generator can select the state manually from the dropdown list and proceed further to next stage.
•Standard rates for tax are provided in the drop-down list for selection based on the type (intrastate/inter-state) transactions- In the new version of EWB entry form, standard rate of tax (%) is being auto-populated in the dropdown while entering the HSN code. Though it is not mandatory to select the tax rates or to enter the tax amounts while generating the e-way bill.
•Additional fields for “CESS Non Advol Amount” & “Other Value” have been introduced to enter CESS Non Advol amount and any other charges written in invoice- The additional fields for entering the amounts namely ‘CESS Non-Advol Value’ & ‘Other Amount have been introduced. ‘Other Amount’ column can be used, to enter any other charges written in the invoice or any discount provided, so that ‘Total Invoice Value’ will match with the Invoice for which eway bill is being generated. The system will not auto-populate the CESS Non Advol amount as it depends upon the quantity and unit. Hence the tax payer has to manually enter the same in ‘CESS non-Advol. Amount’ field. If the total invoice value does not match with the sum total of taxable value, applicable taxes and other charges and if the invoice value is greater the system will bring it into the notice of user and even after this mismatch the user can still proceed with E way bill generation. But in case invoice value is lower than the user cannot proceed further before doing the correction.
•Alerting the generator of the E-Way Bill through SMS message, in case the total invoice value is more than Rs. 10 Crores-In the new version, in addition to the pop-up displayed at the time of entering the total invoice value in the old version, an additional pop-up will be displayed at the time of submission of the form. A SMS will also be sent to the generator alerting him that invoice value of EWB is more than Rs. 10 Cr. This will assist him to correct/cancel if it has been entered wrongly.
•Transporter ID is made compulsory for generating Part-A slip-In the new version, the transporter id is to be mandatorily entered while generating Part A slip. If the user is to transport the goods on their own, then they can enter their own GSTIN in Transporter id and generate PART A slip and then later on update PART B by using ‘Update Part B/vehicle’ sub option provided under E-way Bill menu. The generator or transporter can extend the validity of E way bill if the consignment is not about to reach the destination within due course of time. Extension can take place only between eight hours before and eight hours after the expiry time of the existing E way bill validity. Earlier it can be extended four hours before and eight hours after the expiry time.
Morover, if any amendment took place in GST registration on GST common portal but effect of such amendment is not showing on E way bill portal, then the Taxpayer has to login and use “My GSTIN from CP” sub option provided under “update “ option in the main menu.
Now the multivehicle option has been introduced on the Eway bill portal. This will allow the transporter to move the consignment of one e-way bill in multiple vehicles. He can do so by using the “Change to Multi Vehicle” sub-option provided under “e-Way Bill” option in the main menu.
If the goods movement to be taken place in batches or lots, then as per the rule 55(5), assessee needs to issue the tax invoice for the complete quantity that is being moved in batches or lots. Then he has to prepare the delivery challan for each batch or lot and generate corresponding ewaybill for that batch or lot and move the consignment with delivery challan, copy of invoice and ewaybill number. However, the last batch or lot should have the original invoice along with delivery challan and ewaybill number. On the ewaybill system, he needs to select SKD/CKD/Lots sub-supply type to generate the ewaybill for these kinds of batches and lots with delivery challan details. 
If the transporter is having additional places of business in addition to the registered place of business, he can use the “Update Additional Place” sub-option provided under “Update” option in the main menu of e-way bill system to add/amend the additional places of business.
FAQ s are issued by the government to bring more clarity. However, it has no legal backing.The content of this GST update is for educational purpose only and not intended for solicitation.
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