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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 RETROSPECTIVE AMENDMENT IN SECTION 50

GST UPDATE ON RETROSPECTIVE AMENDMENT IN SECTION 50
The budget 2022 has made considerable changes in the CGST Act, 2017 and has tried to remove anomalies prevalent in the various sections of the CGST Act, 2017. The matching concept could not be operationalised since the inception of GST and it was perceived as far possibility to develop sufficient infrastructure for the same. Consequently, the provisions related to matching concept being section 42, 43 and 43A of the CGST Act, 2017 have been deleted. Similarly, section 50(3) of the CGST Act, 2017 has been amended retrospectively w.e.f. 01.07.2017 to rectify the drafting error in the said section. The analysis of the retrospective amendment made in section 50(3) of the CGST Act, 2017 is the subject matter of discussion of our present update. The provision of section 50(3) of the CGST Act, 2017 prevalent as of now, reads as follows:- (3) A taxable person who makes an undue or excess claim of input tax credit under sub-section (10) of section 42 or undue or excess reduction in output tax liability under sub-section (10) of section 43, shall pay interest on such undue or excess claim or on such undue or excess reduction, as the case may be, at such rate not exceeding twenty-four per cent., as may be notified by the Government on the recommendations of the Council. Moreover, the notification no. 13/2017-Central Tax dated 28.06.2017, prescribing interest rate has reference of section 50(1) specifying interest rate as 18% and states interest rate of 24% for section 50(3). Now, the question arises is the applicable interest rate for wrongful availment and utilisation of input tax credit for reason other than matching concept which is not made operational till date. There is no specific provision in section 50 of the CGST Act, 2017 covering situations wherein the interest is leviable for wrongful availment and utilisation of input tax credit for various other reasons such as ineligible credit under section 17(5) availed by the assessee or inadvertently credit taken twice by the assessee. In such cases, there was confusion as regards the applicability of interest rate as 18% or 24% or 0% as there is no specific provision for the same. It is worth mentioning that this lacunae in the provision of section 50 was pointed by us in our earlier GST update titled- MADARS HC DECISION ON LEVY OF INTEREST ON WRONG AVAILMENT OF ITC. It is submitted that the hon’ble Madras High Court in the case of M/S F1 AUTO COMPONENTS PVT. LTD. [W.P. NO. 6631 OF 2021] had concluded that since the provisions of section 42 were not invoked in the case of petitioner, they were not required to pay interest rate of 24% but were required to pay interest of 18% for the wrongful availment and utilisation of input tax credit. While analysing the reasoning adopted by the Hon’ble High Court, we had pointed that as per the provisions contained in section 50 of the CGST Act, 2017, section 50(3) only covers the situation of wrongful availment and utilisation of input tax credit under section 42/43 of CGST Act. Consequently, once it is held that provisions of section 42/43 are not applicable, interest should not be leviable for wrongful availment and utilisation of credit. It appears that the government has realised the drafting lacunae and has resorted to rectification of the said provision. The retrospective amendment as proposed in the Finance Bill, 2022 reads as follows:- “(3) Where the input tax credit has been wrongly availed and utilised, the registered person shall pay interest on such input tax credit wrongly availed and utilised, at such rate not exceeding twenty-four per cent. as may be notified by the Government, on the recommendations of the Council, and the interest shall be calculated, in such manner as may be prescribed.” It is worth noting that simultaneously retrospective amendment has been made in the notification no. 13/2017-Central Tax dated 28.06.2017 prescribing 18% for section 50(3). On harmonious construction of the above amendments, after enactment of the Finance Act, 2022, the wrongful availment and utilisation of input tax credit will be liable to interest at the rate of 18%. It is submitted that the above amendment on the one hand confirms the levy of interest on wrongful availment and utilisation of credit by removing the drafting error in section 50 while on the other hand provides benefit to the assessee that interest is not payable on mere wrongful availment of input tax credit. The issue regarding levy of interest on mere wrongful availment of interest is decided in favour of the assessees. Reference may be made to the decision given by the Hon’ble Patna High Court in the case of M/S COMMERCIAL STEEL ENGINEERING VS STATE OF BIHAR [W.P. NO. 2125 OF 2019] wherein it was concluded that interest is to be charged only if the wrongful availment of input tax credit has resulted in short payment of tax by the assessee. Therefore, the amendment seeks to reduce the possibility of litigation as regards interest liability on wrong availment and utilisation of input tax credit in future
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