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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 MADRAS HC DECISION ON LEVY OF INTEREST ON WRONG AVAILMENT OF ITC

GST UPDATE ON MADRAS HC DECISION ON LEVY OF INTEREST ON WRONG AVAILMENT OF ITC
GST UPDATE ON MADRAS HC DECISION ON LEVY OF INTEREST ON WRONG AVAILMENT OF ITC:-
 
The mechanism to be adopted for computation of interest under GST Laws has been a subject matter of discussion and litigation since its inception. The tussle of the assessees in convincing their point that interest should be computed on “Net Tax Liability” after adjusting the available balance of input tax credit in their electronic credit ledger is evidenced from the number of decisions pronounced by High Courts and the consequent retrospective amendment made in section 50 of the CGST Act, 2017. Nonetheless, the battle does not end with the retrospective amendment as another issue that arises is whether interest is payable on the wrongful availment of credit when the amount of such wrongly availed credit was reversed voluntarily by the assessee by filing DRC-03. The issue recently came before the Hon’ble Madras High Court in the case of M/S F1 AUTO COMPONENTS PVT. LTD. [W.P. NO. 6631 OF 2021] which is the subject matter of discussion of our present update.
 
The petitioner challenged the levy of interest on cash remittances as well as remittances by way of adjustment of electronic credit ledger. As far as the levy of interest on remittance by way of adjustment of input tax credit was concerned, the same was set aside on the grounds that the issue is clearly covered by the decision given in the case of MAANSAROVAR MOTORS PRIVATE LIMITED VS THE ASSISTANT COMMISSIONER, POONAMALLEE DIVISION, CHENNAI [W.P. NO. 28437 OF 2019] wherein it was held that interest is leviable after adjustment of ITC available with the assessee. However, as regards interest liability on amount paid by way of remittance in cash was concerned, the Hon’ble High Court held that such interest is compensatory in nature for the loss of revenue and so it should be mandatorily upheld. However, the Hon’ble High Court categorically stated that the provisions of section 42 are not invoked in the present case as it can be invoked only in a situation where the wrongful availment of input tax credit is due to mismatch which is on account of error in the database of revenue. This decision is beneficial to the assessee as the Hon’ble High Court held that since it is not the case of mismatch under section 42 of the CGST Act, 2017, it is simply case of wrongful availment of input tax credit. This has resulted in levy of interest at lower rate of 18% as against the higher rate of 24% where wrongful availment of input tax credit is on account of mismatch under section 42 of the CGST Act, 2017. The rates of interest can be taken from the Notification No. 13/2017-Central Tax dated 28.06.2017.

It is worth mentioning that if the wrongly availed input tax credit has not been utilised by the assessee, interest liability should not arise. This view has been consistently taken by numerous High Courts both in negative list era and GST era. Reference may be made to the decision given by Hon’ble Patna High Court in the case of M/S COMMERCIAL STEEL ENGINEERING VS STATE OF BIHAR [W.P. NO. 2125 OF 2019] wherein it was concluded that interest is to be charged from the assessee only if the wrongful availment of input tax credit was used for reducing output tax liability. The decision seeks to provide relief to the assessees who inadvertently claimed wrong input tax credit, say for example- if the amount of input tax credit available was wrongly reflected as 1,00,000/- instead of Rs. 10,000/-. In such a scenario, levying interest for wrongful availment of input tax credit when the said credit was not utilised against output tax liability is sheer harassment and unbearable burden on the assessee. Consequently, revenue authorities ought to take a lenient view in case of unintentional clerical mistakes occurred in claiming input tax credit because the assessee has not been provided with the facility to revise their GSTR-3B return.
 
The decision given in the case of M/S F1 AUTO COMPONENTS PVT. LTD. does not touch upon the aspect of the requirement of interest when the wrongly availed input tax credit has not been utilised against output tax liability, nonetheless, it does provide the petitioner the benefit of reduced interest rate of 18% as against 24% by concluding that the provisions contained in section 42 are not attracted in the present case. However, in our humble opinion, we wish to point out that a major observation was missed while pronouncing this decision. If the provisions contained in section 50 of the CGST Act, 2017 are minutely observed, it is found that it pertains to “interest on delayed payment of tax” and not for “recovery of wrongful availment of input tax credit”. Moreover, the sub-section (3) of the section 50 contains provision to levy 24% interest only where there is excess/undue claim of input tax credit under section 42(10) or 43(10) of the CGST Act, 2017 which has been clearly denied by the High Court. Consequently, it is respectfully submitted that the assertion that interest is compensatory and mandatorily leviable requires re-consideration, particularly when there is mere wrongful availment of ITC without attracting section 42/43 of CGST Act, 2017. The interpretation which equates wrongful availment of input tax credit with the short payment of tax definitely needs to be re-visited in light of the explicit provisions contained in section 50 of the CGST Act, 2017. Expert views from our netizens would be whole-heartedly welcomed.
 
This is solely for educational purpose.
 
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