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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 problems being faced by Risky Exporters 86/2020-21

GST Update on problems being faced by Risky Exporters 86/2020-21
 A few days ago some newspapers carried a report which read as “Resolve risky exporters' issue immediately, release refunds: FIEO”. This heading of the newspaper states that Federation of Indian Export Organisations has directed fast resolution of issues related to 'risky exporters' and immediate release of their refunds to help them tide over the problems arising due to COVID-19 pandemic. In this update we intend to share problems being faced by Risky Exporters.
Before we move forward let us have a quick look at which exporters are Risky Exporters. An exporter is tagged as risky if the customs department suspects that duty drawback claims and IGST refunds or claims excessive Input tax credit on the basis of bogus invoices. The consignments of risky exporters undergo manual checking before their claims are refunded.
Here is a list of problems being faced by Risky Exporters.
  1. The parameters on which they are flagged as risky is not known.
  2. Refund is being withheld leading to working capital issues.
  3. If all the required formalities are being completed and the department is satisfied as to remove the flag and in fact removes at one port but sometimes do forget to remove at another port resulting in blocking of refund to the exporter and again resulting in the exporter to find out why the refund has been blocked.
  4. Submission of documents demanded by authorities is not easy in the crisis times.  
  5. In case the risky exporter is registered in multi locations that is different units and if registered person of one state is declared as Risky then refund relating to all the units is blocked and the seal of containers even belonging to other units are also cut open. It is being told by Customs department that the audit is being done on IEC basis instead of on Registration basis.
  6. In the above case, the cost to the exporter increases as once the seal is being cut the container is to be fumigated.
  7. Lack of communication from the department to the exporter that he has been flagged as ‘Risky’. He comes to know only when the refund is withheld or the ITC is blocked.
  8. Lack of communication between GST and Customs Department even in the latest era of telecommunication, resulting in the exporter becoming a carrier of information from here to there and vice-a-versa.
  9. Even the supplier of exporter (normally termed as L1 by department) is also being checked if it is pointed out by Delhi office. We have seen that even supplier (L2) of the supplier(L1) of risky exporter is also being physically verified and being checked by CGST department. If this L2 supplier is known as fake invoice credit taking unit then the person who has supplied the fake invoices is also being watched. In some cases, these L2 suppliers are asked to reverse the credit. If he does not do so then the flag of risky exporter is not being removed. But the poor risky exporter do not have dealing with L2 supplier, hence he cannot ask him to reverse the credit. In such circumstances, the flag of risky exporter is not being removed even after 6 months. The poor exporter has to face problems even though there is no fault at his end.
  10. Even the author of this write up has come across situation where the some suppliers of risky exporter have surrendered their registration or their registration is being cancelled. Now the department asks this poor exporter to reverse the credit taken on invoices by such supplier. However, all the invoices of these suppliers are appearing in GSTR-2A. if the amount is huge then the matter is not sorted out and poor exporter is deprived of this genuine refund. Even the interest is not being paid by the department to such exporters. The poor exporter faces the music due to fault of supplier or even supplier of suppliers.
  11. The impression in trade and industry and particularly in exporters is that the Government does not intend to give refunds, hence the concept of “risky exporter” is being introduced.
  12. There is legal backing of this concept of “risky exporter”. If it is challenged in High Court then it will be very difficult to defend in Court of law. There is no provision in law to declare an exporter as “risky exporter”. Even the criteria of its selection is not known to anybody. We were discussing this concept with a senior advocate then a new problem crop up is to challenge it in the state where the IEC registration is taken or in a state where factory is located or in a state in whose area the port is located where action is initiated by putting flag on his IEC. Even it is very cumbersome problem when the export has taken place from different ports falling in different states. The exporter has to find the solutions of all these problems but it is clear that this concept of “risky exporter” will not be legally sustainable. 
The exporters marked as ‘risky’ have their IGST/ITC refunds blocked as well as their duty drawback amount is blocked until they are declared non-risky, such exporters are accountable to complete cargo check at ports and airports which are creating even more hassles for businesses as the customs department does not have enough resources to carry forward such checks. The standard operating procedure which a risky exporter has to be follow is very complex and there is a need to simplify this procedure.
 
This is solely for educational purpose.
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