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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 recommendations of gst council with respect to filing of annual return part-12

GST Update on recommendations of gst council with respect to filing of annual return part-12


This Epistle is about the recommendations made during the 31st Meeting of the GST Council and communicated through the Press Release dated 22nd December,
2018. The present update encompasses the Amendments/Changes/Clarifications related to the Annual Returns and related forms including Form GSTR-9, Form
GSTR-9A and Form GSTR-9C.

The important points pertaining to amendments proposed with respect to annual return and related forms are as follows:
 Recently, there was extension in the due date of filing the Annual Return for the Financial Year 2017-2018 vide Order No. 01/2018-Central Tax dated 11.12.2018 wherein the due date was extended from 31.12.2018 to 31.03.2019. However, the Press Release re-schedules the due date of filing annual return for the period 01.07.2017 to 31.03.2018 to 30.06.2019. This is primarily due to the fact that a number of changes have been anticipated in the format of annual return and even the utility for filing the annual return is not operational. This announcement was truly desired as assessees are facing many issues in the first year of GST implementation.

 An important alteration has been done as regards the supplies to be reported in the annual return. It was stated that while filing the details of the Supplies etc in the forms of the Annual Return, “supplies as declared in returns filed during the year” was to be considered irrespective of the fact that wrong reporting was done in the monthly/quarterly returns filed during the financial year. This would lead to nothing but a true example of the famous idiom Garbage in, Garbage out. The assessee was under obligation to simply use the data reflected in the filed GSTR-1 and GSTR 3B returns irrespective of the actual position of supplies. However, the GST Council has proposed to amend the heading to “supplies made during the 
Year” implying that the information about supplies that were submitted in the returns GSTR-1 and GSTR-3B are not the sole basis of filing annual return and the figures of the annual return should incorporate the actual
position of supplies rather than that reported in the monthly/quarterly returns filed by assessee. This would really help the assessees in depicting true picture of their transactions if due to some reason, the rectifications
could not be made in the monthly/quarterly returns filed by them.

For example, while reflecting supplies for the month of March, 2018, the figure was wrongly reported as 70,00,000/- instead of Rs. 7,00,000 in GSTR-3B but
the tax was correctly paid on supplies of Rs. 7,00,000/-. If the assessee could not correct the value of supplies in the subsequent GSTR-3B returns filed upto September, 2018, the assessee was supposed to reflect the value of supplies as Rs. 70,00,000/- in annual return. However, with the proposal of the GST Council, the assessee would be required to correctly report the supplies as Rs. 7,00,000/- irrespective of what was reported in the monthly/quarterly returns filed by them.

 Moreover it is to be noted that all Returns in Form GSTR-1 and Form GSTR3B have to be filed before filing of Form GSTR-9 and Form GSTR-9C. Similarly, Form GSTR-4 (Composition Scheme) must be filed before filing Form GSTR-9A. It is to be noted that the returns for the period July, 2017 to September, 2018 have been permitted to be filed by 31.03.2019 without any late fees. Consequently, one more chance is being given to assessees to file the monthly/quarterly returns and thereafter file correct annual return.

 The reporting requirement at serial no. 18 of the annual return entailed assessee to report HSN wise summary of inward supplies which was cause of concern for entire trade and industry. This reporting was a tedious task particularly with respect of all inward supplies. For example in case of purchase of hardware items, a number of items can be part of invoice such as braces, brackets, door knobs, screws etc. and finding HSN codes of all such different items is a mind blogging task. Similar may be the case with a stationary bill involving number of items like pens, calculator, notebooks etc. having different HSN codes. Consequently, the trade and Industry represented the government to provide relaxation as regards this reporting requirement in annual return. It appears that the request has been partly considered and now, the HSN wise summary is required to be given only for principal inputs whose value independently amounts for 10% or more of the total value of the Inward supplies. This amendment is appreciated and welcomed by the trade and industry.

 It is also stated in the Press Release that additional payments if required to be made by the assessee via annual return are to be paid in cash through Form GST DRC-03. Hence, there will be cash outflow even if the assessee has sufficient balance of input tax credit. Furthermore, in contrast, it is also specified that ITC cannot be availed through annual return and reconciliation statement thereby indicating that assessee is liable to
discharge any additional liability in cash whereas assessee is not allowed to avail any ITC through annual return.

 All invoices pertaining to previous financial year (irrespective of the month in which such invoice is reported in Form GSTR-1) would be auto-populated in Table 8A of Form GSTR-9. It appears that there is some mistake in this
point as mentioned in the press release issued by the government because Table 8A of the GSTR-9 pertain to ITC as per GSTR-2A which would be auto populated. The press release talks about invoices reported in GSTR-1
whereas table 8A of GSTR-9 pertains to ITC on inward supplies which is totally different.

 At the time when the Annual Return was first introduced, there was confusion amongst the assessees about the term “No Supply” as there was no meaning of the said term in the CGST Act, 2017 or the rules made
thereunder. However, many experts opine that ‘no supply’ includes the activities mentioned in Schedule III of the CGST Act, 2017. It is clarified that value of ‘non-GST supply’ includes ‘no supply’.

 Last but not the least, as represented by the trade and industry that the last date of availment of input tax credit for the financial year 2017-18 should be extended, the said request has received approval of the GST council. The
last date of availment of Input tax Credit for the financial year 2017-18 as per provision of section 16(4) of the CGST Act, 2017 was 30th September 2018. However, ITC in relation to invoices issued by the supplier during FY 2017-18 can now be availed till the due date for furnishing of Form GSTR3B for the month of March, 2019 (i.e., 20th April, 2019). This was much awaited decision which is highly applauded by the assessees. However, the power of the government to extend the last date of availment of input tax credit needs to be examined as it requires amendment in provisions of CGST Act, 2017 that need to be passed by both houses of the Parliament, needs Presidential assent and also need to be passed by all the State Assemblies. The time needed to implement the extension of the last date to avail input tax credit appears to be too short as it usually takes 7-8 months for an amendment in CGST Act to materialize and the last date of
filing annual return as of now is 30.06.2019.

This is solely for the educational purpose.

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