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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 MADRAS HIGH COURT DECISION ALLOWING RECTIFICATION OF GSTR-1 149/2020-21

GST UPDATE ON MADRAS HIGH COURT DECISION ALLOWING RECTIFICATION OF GSTR-1 149/2020-21
GST UPDATE ON MADRAS HIGH COURT DECISION ALLOWING RECTIFICATION OF GSTR-1:-
 
In GST Laws, there is stringent timeline for availing input tax credit and for making amendments in the returns filed. For the financial year 2017-18, the last date for rectifying the returns was 31.03.2019 but as the GST law is new and in view of the fact that the deadlines have been extended from time to time, it is justifiable to deny amendment in genuine cases after the stipulated time? This issue was recently dealt by the Hon’ble Madras High Court in the case of M/S SUN DYE CHEM [W.P. NO. 29676 OF 2019] wherein the issue was rectification of GSTR-1 wherein the intra state sales were mistakenly reflected as inter-state sales. As the recipient of the petitioner was posing difficulty in claiming credit due to reflection of IGST credit instead of CGST and SGST, the petitioner requested to amend GSTR-1 which was rejected on the grounds that the last date for amendment for the financial year 2017-18 was 31.03.2019. The petitioner was informed that as they made request on 16.08.2019 seeking rectification of GSTR-1, much after the stipulated date, i.e., 31.03.2019, the officer was handicapped and could not grant them any relief and that only government can help them by amending the timelines as per section 164 of the Act, upon recommendation of the GST Council.
 
After referring to the provisions contained in section 37, 38 and 39 of CGST Act, 2017 pertaining to filing of returns, it was held that the provisions of mismatch to be notified by the recipient of goods/service in FORM GSTR-1A and GSTR-2A are not yet operational. It was held that reflection of details in IGST column instead of CGST/SGST is inadvertent error and the customer of the petitioner would be denied legitimate credit merely due to wrong reflection in the column. The hon’ble High Court held that since the matching concept as contemplated is not yet operational, the mistake could not be identified at earlier stage. Hence, the error committed by the petitioner is an inadvertent human error and petitioner should be in position to rectify the same manually, particularly, in the absence of enabling mechanism under the Statue.
 
This decision is a boon to the assessees who have committed mistakes for which no rectification is possible as of now. It is pertinent to mention that this is not the first time that the High Court have granted relief to the petitioner for non-implementation of matching concept. On earlier occasion, the Hon’ble Delhi High Court allowed manual rectification of GSTR-3B in the case of M/s BHARTI AIRTEL LTD. in the absence of mechanism to verify the input tax credit available to the petitioner as the FORM GSTR-2A was not operational for the financial year 2017-18. It is very common that the assessees have committed lot of mistakes during the initial years of GST implementation and so lenient view is to be taken as regards compliance of timelines for rectification of genuine mistakes.
 
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