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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 ISSUES IN ANNUAL RETURN-PART-6

GST UPDATE ON ISSUES IN ANNUAL RETURN-PART-6

This update is in continuation of the series being prepared in respect of issues that will be faced by assessees in disclosure requirements of annual return format i.e. GSTR 9. We are hereby enlisting such issues-
1. One point for consideration is the reporting of debit notes/credit notes issued after end of financial year 2017-18 but pertaining to invoices issued during the financial year. Say for example, the assessee issued credit note of Rs. 5,000/- in the month of July. 2018 and reported the same in GSTR-1 of July, 2018 but the invoice for which credit note has been issued pertains to the month of January, 2018. Now, the question arises is that whether the credit note is required to be reported in the annual return? In this regard, the language of serial no. 10 and 11 is worth observing which reads as follows:-

10- Supplies/tax declared through amendments (+) (net of debit notes)
11-Supplies/tax reduced through amendments (-) (net of credit notes) 
However, issue arises of reporting the debit notes or credit notes that are issued not by way of amendment in earlier issued debit notes/credit notes but are freshly issued and reported in GSTR 1 for the months April 2018 to September 2018 but actually pertaining to financial year 2017-18. According to our opinion, the credit note issued in our example in the month of July, 2018 will be reflected in serial no. 11 of the annual return. However, according to some experts, the debit notes and credit notes issued after the end of financial year 2017-18 but reported till September 2018 would be reflected in serial no. 4I of the annual return filed for financial year 2018-19. 
2. Another point of consideration is the reflection of total refund claims filed and pending in serial no. 15 of the annual return. The heading simply mentions the particulars of demands and refunds and does not specify the period for which the disclosure is to be made. However, the instructions given below the format of annual return mentions reporting of aggregate value of all the refund claims filed in the financial year thereby meaning that the details of refund claim filed during the financial year only are to be reported. Say for example, if the refund of accumulated credit is filed for the month of January, 2018 in the month of July, 2018, the details of the refund would not form part of the serial no. 15 of the annual return for the financial year 2017-18. The details of the said refund would become part of annual return filed for the financial year 2018-19. The reporting is correct as the assessee can file refund claim before expiry of two years from the relevant date. Consequently, there should be provision for reporting the status of refund claims filed in the respective financial years irrespective of the fact that the refund claim actually pertains to another financial year.

3. Another issue that is worth observing is issuance of refund vouchers against an advance order cancelled and refunded back to the recipient. Online portal doesn’t provide a separate column for reporting of refund vouchers in GSTR 1. However, in such a case, logically the advance refunded on which tax has already been paid should reported under Column 11(B) - Adjustment of Advances in GSTR 1. As such, there is no clarity as regards reporting refund vouchers in GSTR-1. But according to instructions given in GSTR 9, any refund vouchers issued would be reflected in Table 4K and 4L . Ideally, if the annual return is to be filed in alignment with GSTR 1, then amount is already been adjusted in advances amount. Separate disclosure of refund vouchers in annual return would be an additional exercise.
These are though minor issues but can have major impact in filing of GSTR 9. One should be very cautious while disclosing amounts in correct tables. As the annual return is consolidated replica of GSTR 1 and GSTR 3B duly filed for the period July 2017 to March 2018, but correct disclosure in corresponding tables would be a mundane task.

This is solely for the educational purpose.
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