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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 GUJARAT HIGH COURT DECISION ON RETROSPECTIVE AMENDMENT IN RULE 96(10) OF CGST RULES 147/20-21

GST UPDATE ON GUJARAT HIGH COURT DECISION ON RETROSPECTIVE AMENDMENT IN RULE 96(10) OF CGST RULES 147/20-21
 
Recently, the Hon’ble Gujarat High Court in the case of M/s COSMO FILMS LIMITED VERSUS UNION OF INDIA & OTHERS [CIVIL APPLICATION NO. 15833 OF 2018] had considered the issue of validity of retrospective amendment in Rule 96(10) of CGST Rules, 2017 restricting export of goods on payment of IGST and claim of refund thereon where the benefit of advance authorisation notification no. 79/2017-Customs dated 13.10.2017 has been availed. The petitioner requested to declare the retrospective amendment in Rule 96(10) denying benefit of refund of IGST as ultra vires the CGST Act, IGST Act, and Rule made thereunder and the Constitution. The present update seeks to highlight the key observations of the Hon’ble Gujarat High Court.
 
The petitioner submitted that neither Section 16 of the IGST Act nor Section 54 of the CGST Act prescribes any power to issue impugned notification no. 54/2018-Central Tax dated 09.10.2018 so as to deny the impact of zero rating exports for granting benefits of rebate under Section 16 of the IGST Act, so as to nullify the benefits under the Advance Authorization Scheme availed by the exporters. It was submitted that in view of the impugned notification, the petitioner is put at a disadvantageous position against regular exporters who are exporting goods without payment of IGST on the output side and at the same time, claiming refund of input taxes on the input side thereby effectively incurring no tax cost either on the input side i.e. on procurements or on the output side i.e. on exports in terms of Section 16 of the IGST Act, whereas, only because the petitioner has availed the benefit under Advance Authorization Scheme, in view of amended Rule 96(10) of the CGST Rules, the petitioner is denied the benefit of IGST refund /rebate on the output side i.e. export. This is in violation of Article 14 of the Constitution of India. It was submitted that Advance Authorisation license holders or regular exporters earn foreign exchange for the country and boost the economy of the nation and so there is no justification for differential tax treatment to regular exporters and AA license holders.
 
The petitioner submitted that sufficient safeguards already exist to prevent undue benefits being claimed, as Rule 89 of the CGST Rules prohibits availment of input tax credit by recipient in case of Deemed Export Benefits are claimed by the supplier. Moreover, in case of Merchant Export Benefits and AA benefits, the quantum of rebate can in no case exceed the input tax credit balance i.e. the input tax credit earlier availed. It was therefore submitted that, the amendment of sub-rule (10) of Rule 96 are unreasonable and liable to be stuck down.
 
It was further submitted by the petitioner that the AA License scheme has been introduced with the objective of boosting exports, enhancing foreign exchange earnings and attracting more investment in the country, and therefore, AA License holders are granted with additional fiscal benefits and incentives vis-a-vis regular exporters. It was therefore submitted that to deny the benefits which are available to regular exports that are not holding the AA Licensee to the AA License holders, it goes against the policy of granting of AA License and denial of such benefits defeats the whole purpose of the AA License scheme.
 
The Departmental Representative, on the other hand, submitted that, the intention of Rule 96 (10) is to ensure that an exporter is not able to utilize the input tax credit availed on inward supplies which are used in making domestic output supplies for payment of IGST on exports and thereby encash the same.
 
After considering the submissions made, the Hon’ble High Court analysed the series of amendments made with respect to Rule 96(10) of CGST Rules, 2017 and concluded that there is no discrimination as enshrined in Article 14 of the Constitution of India with respect to operation of the restrictions contained in Rule 96(10) of the CGST Rules, 2017 and so the contentions of the petitioner are not acceptable. However, it was concluded that the original notification no. 39/2018-Central Tax dated 04.09.2018 made the amendment applicable retrospectively w.e.f. 23.10.2017 whereas the subsequent notification no. 54/2018-Central Tax dated 09.10.2018 seeks to apply restriction retrospectively since inception of Rule 96(10) which is not permissible. Hence, it was held that notification no. 54/2018-Central Tax dated 09.10.2018 was effective w.e.f. 23.10.2017 and not prior to that. Furthermore, the Hon’ble High Court also held that the explanation inserted in Rule 96(10) of the CGST Rules, 2017 vide notification no. 16/2020-Central Tax dated 23.03.2020 (with retrospective effect from 23.10.2017) clearly states that the restriction stated in Rule 96(10) of CGST Rules, 2017 will not apply where IGST/compensation cess is paid on inputs while exemption of only BCD is availed under the notification no. 79/2017-Customs dated 13.10.2017. This avoids the anomaly during the intervention period and the exporters who have already claimed refund of IGST on exports along with IGST exemption on inputs under AA will have to payback IGST along with interest and avail ITC. To sum up, the decision confirms that the restriction of Rule 96(10) with respect to various notifications is applicable w.e.f. 23.10.2017 but not prior to that as is stated in notification no. 54/2018-Central Tax dated 09.10.2018. Along with this, the decision brings clarity that in situation where an exporter has mistakenly claimed refund of IGST on export along with benefit of IGST exemption of inputs under AA scheme, then the exports on payment of IGST can be regularised by paying back the applicable IGST on inputs along with interest and claiming credit of the IGST so paid. This interpretation would be of immense use to the exporters who had claimed double benefit due to confusion during initial period.

This is solely for educational purpose. 
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