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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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GST Update on Issues in Reconciliation Statement- Part 10

GST Update on Issues in Reconciliation Statement- Part 10
In our today’s update we are discussing on the serial no. 5N pertaining to adjustments in turnover due to foreign exchange fluctuations. We submit that it is possible that there are differences due to foreign exchange fluctuations in the turnover recorded in the books of accounts and that reflected in the return filed by the assessee. This is for the reason that while recording export sales in the annual financial statements, the guidelines prescribed in AS-11 are followed and the rate of exchange prescribed by RBI is considered whereas while issuing GST invoice and in the export documents like shipping bill, the exchange rate prescribed by the CBIC from time to time is being considered. Consequently, for recording export sales, there are two invoices maintained by assessees, one issued under GST laws being GST invoice wherein CBIC exchange rate is used and the other issued for accounting purpose which considers the rate of exchange prescribed by RBI on the date of bill of lading. Consequently, there is difference in the turnover of export sales as per annual financial statements and as per GST returns due to difference in the rate of exchange used for recording the transaction. It is also worth noting that certain assessees use only one rate of exchange for booking export sales being the rate prescribed by CBIC and in such cases, this difference may not be there. 
Continuing further, since the export sales are booked at a different rate than the date of realisation of export proceeds, there will again be a difference on account of foreign exchange fluctuation on the date of realisation of export proceeds. The gain or loss arising on account of realisation of export proceeds will be transferred to Profit and Loss Account. Now, additional adjustment on account of profit or loss on account of foreign exchange fluctuation will be required to be done if the Turnover as per audited financial statements as stated in 5A of the Reconciliation includes gain on account of foreign exchange fluctuation. In this regard, it is worth mentioning that there are two opinions as regards turnover to be taken in 5A of the Reconciliation Statement. One view (also suggested by Technical Guide issued by ICAI) is that turnover of 5A will include all indirect incomes such as gain on account of foreign exchange, gain on sale of asset etc. Consequently, if the turnover of 5A includes forex gain, adjustment on account of profit on foreign exchange fluctuation will be additionally done in 5N. However, if the another view is followed, which says that the turnover of 5A should be taken as stated in audited financial statements without adjusting indirect incomes, then no additional adjustment would be required to be made in 5N by the assessee. The complete analysis of adjustment on account of foreign exchange fluctuation is explained as follows:-
Exchange rate of CBIC on date of booking sales = 65
Exchange rate of RBI on date of booking sales = 68
Exchange rate of RBI on date of realisation of sales = 70
Sales made to US= 1,00,000 US $
Turnover of annual audited financial statements= Rs. 5,00,00,000/-
Gain on account of foreign exchange fluctuation= Rs. 10,00,000/-
If the assessee uses two types of exchange rates i.e. custom exchange rate for GST and other RBI rate for accounting as discussed above, then in that case, the adjustment on account of foreign exchange fluctuation in 5M would be Rs. 3,00,000/- [1,00,000* (68-65)] to be reduced from the turnover of audited financial statements on the assumption that the turnover of annual audited financial statements without adding gain has been taken under 5A. However, if the turnover of annual audited financial taken as base is including the gain on account of foreign exchange, then the total adjustment of the transaction on account of foreign exchange fluctuation shall be Rs. 5,00,000/- reduction in serial no. 5M. [3,00,000 + {1,00,000 *(70-68)}]. 
In our opinion, the turnover without any adjustment of indirect income should be taken in 5A so that less adjustments are to be done for arriving at the turnover of GSTR-9. 
This is solely for the educational purpose.
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