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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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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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