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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 relaxations given by government - 005/2020-21

GST Update on relaxations given by government - 005/2020-21
GST Update on relaxations given by government
On 3rd April 2020, a series of notifications and a circular have been issued notifying the effect of relaxations given by government announced in press Release amid the pandemic spread due to COVID-19. In this update, we shall discuss the relaxation given in the most concerned matter of filing returns that is GSTR-1 and GSTR-3B for taxpayers.
Notification No. 33/2020-Central tax dated 3rd April, 2020 has being issued waiving the late fees payable for the periods March 2020, April 2020 and May 2020 and for the quarter ending 31st March 2020 for those who fail to furnish the details of outward supplies in GSTR-1 by due datebut furnishes such details on or before 30th June 2020.
Though relaxation has been given on waiver of late fees on filing of return subject to the condition mentioned above, but taxpayers shall be keen on filing GSTR-1 timely on or before the due dates. This is due to the fact that the receiver delays the supplier’s payment until it is not reflected in his GSTR-2A due to the limit for availing credit prescribed in Rule 36(4). He releases the payment of supplier only when it is reflected in his GSTR-2A. Hence, the supplier is compelled to file it by due date. Furthermore, provision of Rule 36(4) of CGST Rules has been deferred and it is to be seen on cumulative basis but still the credit will be allowed on showing in GSTR-2A only. A separate update on this amendment in provision of Rule 36(4) is being sent to you. Hence, taxpayers will be filing GSTR-2A at the earliest and there is no payment of tax attached to it.
Further notification 31/2020- Central tax and 32/2020-Central Tax have been issued notifying the reduced rate of interest and waiver of late fees for filing GSTR-3B. This is done by way of inserting proviso. We have explained this provisions in separate update as well as hindi update.
 
Circular No. 136/06/2020-GST dated 3rd April 2020 has clearly mentioned that the due dates for the periods February, march and April 2020 has not been extended. Though the government has given relaxation to rate of interest in the case of GSTR-3B and late fees in the case of both GSTR-1 and GSTR-3B but yet these are subject to fulfilment of conditions as mentioned in our another update. Let us take a few scenarios which are to be faced practically by the taxpayers
Senerio 1: Where entire output liability is paid by way of credit
Mr. A having turnover more than Rs.  Crores is a taxpayer whose entire output tax liability is to be offset by using credit. Though on satisfying the above conditions for relaxation in interest rate yet the interest is to be paid by A on the gross tax liability. This is because the announcement made via press release of retrospective applicability of interest on net tax liability has not been made applicable. So this will again force the taxpayers to file the returns on or before the due dates as we are all aware of the difficulty being faced due to this. Moreover, the delay in filing of return by one day i.e. from June 24 to June 25 will force him to pay huge interest from beginning at higher rate also. This might be due to technical problem of portal. Hence, he will wish to file the return on due date.
Senerio 2: Where there arises a tax liability in cash, payment is made before the due date but return is filed on or before the dates prescribed above
Mr X having turnover above Rs. 5 Crore has made payment for the period of March 2020 before the due date on 20th April 2020 but due to some reasons he filed the return on 24th June 2020. In this situation he shall be liable to pay interest @ 9% from 6th may 2020 as interest is waived for the first 15 days from the due date. This is due to the reason that the portal calculates interest liability from the date when the return is filed. Even the payment is deemed as made by the department only when it is offset in the return. Deposit of cash in electronic cash ledger is not payment. The tax is offset only when the return is filed. Hence, everyone will wish to file the return on due date at least those assessee who have turnover more than Rs.  Crore.
Government needs to look into these matters as well because instead of the act, rules and notifications portal is being superseded.
 
 This is solely for educational purpose.

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