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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 RELAXATION WITH RESPECT TO RULE 36(4) OF CGST RULES, 2017 - 004/2020-21

GST UPDATE ON RELAXATION WITH RESPECT TO RULE 36(4) OF CGST RULES, 2017 - 004/2020-21
GST UPDATE ON RELAXATION WITH RESPECT TO RULE 36(4) OF CGST RULES, 2017
The introduction of the provision restricting the input tax credit availment vis a vis invoices not reflected in GSTR-2A to the extent of 10% of the invoices reflected in GSTR-2A under Rule 36(4) of the CGST Rules, 2017 was resisted by the trade and industry as it substantially had an adverse on the working capital requirements of the business. The taxpayers were forced to discharge their GST liability in cash inspite of possession of valid invoices for the sole reason that the suppliers failed to comply with the filing of GSTR-1 within stipulated time. As we all know that the entire world is witnessing the rigours of pandemic COVID-19, it was represented by the trade and industry that the provision restricting input tax credit under Rule 36(4) of the CGST Rules, 2017 should be suspended for the time being. We appreciate that the government has considered the demands of trade and industry and has amended the applicability of provision contained in Rule 36(4) of the CGST Rules, 2017. The present update seeks to discuss the amendment made and the implications thereon.
Notification No. 30/2020-Central Tax dated 03.04.2020 inserts the following proviso to Rule 36(4):-
“Provided that the said condition shall apply cumulativelyfor the period February, March, April, May, June, July and August, 2020 and the return in FORM GSTR-3B for the tax period September, 2020 shall be furnished with the cumulative adjustment of input tax credit for the said months in accordance with the condition above.”
According to the above proviso, the provision restricting the input tax credit to the extent of 10% of the input tax credit reflected in the GSTR-2A (if certain invoices are not reflected in GSTR-2A) will be applicable cumulatively for the period February, 2020 to August, 2020 and the taxpayer is required to give cumulative adjustment of the input tax credit in the GSTR-3B filed for the month of September, 2020. In simple words, the requirement of restricting credit to the extent of 10% as contained in Rule 36(4) of the CGST Rules, 2017 that was earlier done on monthly basis has been deferred so as to provide relief to the taxpayers in difficult times.
Now, the following issues come in the minds of taxpayers:-
  1. Whether taxpayer can avail 100% input tax credit for the months of February, 2020 to August, 2020 even if invoices pertaining to the input tax credit is not being reflected in their GSTR-2A for the respective months? Answer is YES. The taxpayer can avail entire input tax credit on goods or services received during the said period on the strength of invoices irrespective of the fact that the said invoices are reflected in the GSTR-2A of the respective months. However, the taxpayer is to cumulatively apply the restriction for the entire period in the GSTR-3B for the month of September, 2020. This is explained with the help of following example:-
MONTH ITC as per invoices received ITC reflected in GSTR-2A for the respective month Details of ITC for previous period reflected subsequently in GSTR-2A ITC taken in GSTR-3B for the respective month ITC that should have been availed as per 10% restriction
JUNE 10,00,000 8,00,000 - 10,00,000 8,80,000
JULY 12,00,000 9,00,000 1,00,000 12,00,000 9,90,000
AUG 12,50,000 12,00,000 3,00,000 12,50,000 12,50,000
 
After implementation of the amended provision, the taxpayer is required to make cumulative adjustment of the invoices for the period February, 2020 to August, 2020 that have not been reflected in GSTR-2A till 11th October, 2020. In the present case, the total input tax credit of the previous period which is not reflected in GSTR-2A is Rs. 1,00,000/- of July month, 2020. It is assumed that the input tax credit of Rs. 50,000/- not reflected in GSTR-2A pertaining to August, 2020 was reflected in subsequent month. Consequently, the taxpayer is required to reverse Rs. 1,00,000/- in the GSTR-3B filed for the month of September, 2020.
 
  1. Whether relaxation is to be applied for the month of September, 2020? Answer is NO. The taxpayer is required to apply the restriction of 10% with respect to invoices not reflected pertaining to input tax credit availed in the month of September, 2020. The relaxation is applicable only for input tax credit pertaining to the month of August, 2020.
  2. For computing the cumulative effect for the purpose of 10% restriction for the period from February, 2020 to August, 2020, taxpayer should download GSTR-2A of which date?
There is nothing clarified in the circular no. 136/06/2020-GST dated 03.04.2020 as regards the date on which GSTR-2A is to be taken for cumulative adjustment of input tax credit. However, reference to clarification issued vide Circular No. 123/42/2019-GST dated 11.11.2019, can be made wherein it was stated that the taxpayer is required to use GSTR-2A as available on the due date of filing of FORM GSTR-1 under section 37(1) of the CGST Act, 2017. Accordingly, we can infer that since cumulative adjustment is to be made in the GSTR-3B for the month of September, 2020, the taxpayer should take GSTR-2A as on the due date of filing GSTR-1 for the month of September, 2020 being 11th October, 2020.  However, it is expected that express clarification should be given by the government at the earliest possible.
 
Before parting, we submit that the above amendment is highly appreciated as it will provide much needed relief to the trade and industry to face the unforeseen pandemic situation. 
This is solely for educational purpose.
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