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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  

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GST Update on interest liability on wrong availment of credit in gst regime part-15

GST Update on interest liability on wrong availment of credit in gst regime part-15
The present update discusses in detail about the interest liability on wrong availment of input tax credit under GST. Before proceeding to the provisions of interest under GST regime, it is pertinent to mention that in the erstwhile regime, interest was payable by the assessee only if the wrongly availed credit was utilised. In other words, the interest was not payable if the wrongly availed credit was not utilised by the assessee. Say for example, if the wrongly availed credit was Rs. 10,000/- and the assessee had balance of credit more than Rs. 10,000/- throughout the period, it was considered that the wrongly availed credit was not utilised and no interest was payable. However, the position under GST regime is different and interest is payable even if the wrongly availed input tax credit is not utilised as the provisions of section 73 and 74 pertain to recovery of input tax credit wrongly availed OR utilised along with interest. The use of word ‘OR’ denotes that interest is payable even if the input tax credit is not utilised as confirmed by the Apex Court in the case of UNION OF INDIA VERSUS IND-SWIFT LABORATORIES LTD. [ 2011 (265) E.L.T. 3. (S.C.)]. The provisions contained in section 50 of the CGST Act, 2017 pertaining to interest under GST are discussed as follows:-

Section 50 – Interest on delayed payment of tax
(1) Every person who is liable to pay tax in accordance with the provisions of this Act or the rules made thereunder, but fails to pay the tax or any part thereof to the Government within the period prescribed, shall for the period for which the tax or any part thereof remains unpaid, pay, on his own, interest at such rate, not exceeding eighteen per cent., as may be notified by the Government on the recommendations of the Council.
(2) The interest under sub-section (1) shall be calculated, in such manner as may be prescribed, from the day succeeding the day on which such tax was due to be paid.
(3) A taxable person who makes an undue or excess claim of input tax credit under sub-section (10) of section 42 or undue or excess reduction in output tax liability under sub-section (10) of section 43, shall pay interest on such undue or excess claim or on such undue or excess reduction, as the case may be, at such rate not exceeding twenty-four per cent, as may be notified by the Government on the recommendations of the Council.
Furthermore, the interest rates in GST regime have been prescribed vide Notification No. 13/2017 – Central Tax dated 28th June 2017, wherein the rate of interest under section 50(3) of the CGST Act, 2017 is specified as 24% p.a.

Now, the question arises is whether every kind of wrong availment of input tax credit is covered by the provision of section 50(3) or not. If the provision contained in section 50(3) is examined, it is found that only excess or undue claim of input tax credit under section 42(10) or undue or excess reduction under section 43(10) of the CGST Act is liable to interest of 24% p.a. It is submitted that section 43(10) pertains to interest liability on undue or excess credit availment on account of non-matching of input tax credit as was proposed while introducing the GST law. It is pertinent to note that when GST law was implemented, concept of matching was proposed wherein input tax credit was available only if it matched with the corresponding outward supply furnished by the supplier. The mechanism of matching via GSTR-1, GSTR-2 and GSTR-3 has not been implemented till date. Consequently, the provisions contained in section 42 are not relevant in the present context. This has the effect that as on date, there is no provision prescribing levy of interest for wrong availment of input tax credit for reasons other than matching. Say for example, in case where input tax credit of tax paid under reverse charge mechanism on specified services is wrongly availed or where the input tax credit has wrongly been carried forward in TRAN-1 under transitional provisions. In such situations, whether interest rate specified under section 50(3) could be considered to be applicable? Well, the answer is big NO.

It is submitted that although there is specific provision contained in section 50(1) for specifying rate of interest for delayed payment of GST, there is no explicit provision regarding levy of interest for wrong availment of input tax credit for reasons other than matching concept as proposed under section 40(2) of the CGST Act, 2017 and not implemented till date. Therefore, the assessees may challenge the demand of levy of interest on wrong availment of input tax credit in Courts as there is no explicit provision for the same. However, logically it may not sound good that wrong availment of input tax credit would not attract any interest under GST regime and there will definitely be a huge tug of war between assessee and the revenue authorities on this issue in the days to come. 
The content of this GST update is for educational purpose only and not intended for solicitation. 

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