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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 PAYMENT OF TAX DUES IN INSTALMENTS 125/2020-21

GST UPDATE ON PAYMENT OF TAX DUES IN INSTALMENTS 125/2020-21
GST law has introduced one new concept of allowing payment of amount in instalments vide section 80 of the CGST Act, 2017. As the entire country is facing financial setback during this pandemic situation, this provision comes at rescue of the taxpayers. Recently, the Hon’ble Uttarakhand High Court in the case of SHREYA LIFE SCIENCES PRIVATE LTD. [WP NO. 746 OF 2020] had the occasion to consider payment of interest amount in instalments by the petitioner whose registration had been cancelled for not filing returns for continuous period of sixteen months. The petitioner pleaded that they have discharged the applicable tax but they request benefit of instalments for payment of interest amount. The Hon’ble High Court disposed off the petition by directing the petitioner to pay an upfront amount of Rs. 3 Lakhs and make representation to the Commissioner within four weeks for allowing payment of interest in instalments and for revocation of the cancellation order.  The discretion to allow payment in instalments continued with the Commissioner. The analysis of the provisions of section 80 of CGST Act, 2017 is the subject matter of discussion in our present update.
According to section 80 of the CGST Act, 2017, onan application filed by a taxable person, the Commissioner may, for reasons tobe recorded in writing, extend the time for payment or allow payment of any amount dueunder this Act, other than the amount due as per the liability self-assessed in any return, bysuch person in monthly instalments not exceeding twenty four, subject to payment of interestunder section 50 and subject to such conditions and limitations as may be prescribed.
It is pertinent to mention that the benefit of section 80 is not available for amount due as per liability self-assessed in any return, thereby indicating that the amounts determined by the revenue authorities during the course of investigation or audit alone can be permitted for payment in instalments. Furthermore, as per Rule 158 of CGST Rules, 2017, the facility of instalment shall not be allowed in the following cases-
  • The person has already defaulted under the Act or IGST Act or UTGST Act or any SGST Act for which recovery proceeding are initiated.
  • The benefit to pay tax in instalments has been availed in the preceding financial year.
  • The amount payable is less than Rs. 25,000/-.
The benefit of instalment facility is not available for taxes reflected in return under self assessment indicates that this facility is to be granted in exceptional circumstances. However, consideration of instalment facility by Hon’ble High Court for payment of interest with respect to default in filing returns creates ambiguity as regard the restriction imposed in the section. Nonetheless, the situation of pandemic prevailing in the country is exceptional one and it is hoped that the instalment facility is being extended even in cases of dues on account of self assessment by making suitable amendment in the section.
This is solely for educational purpose.
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