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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 simplified return format

GST update on simplified return format
The GST Council Meeting under the Chairmanship of Shri Piyush Goyal , acting as Finance minsiter in its 28th council
meeting has provided the details on the simplified return filling process and steps to make the cumbersome process
easier. The following have been put forward in the press release issued on 21st July 2018.
1. One Monthly return
  • The Council has approved to file one monthly return for all taxpayers excluding small taxpayers and a few
exceptions like ISD etc. This return shall constitute of two tables.
a) One is for reporting outward supplies and
b) Other is for availing input tax credit based on invoices uploaded by the supplier.
  •  The Press Release says that “Invoices can be uploaded continuously by the seller and can be continuously viewed
and locked by the buyer for availing input tax credit. This process would ensure that very large part of the return
is automatically filled based on the invoices uploaded by the buyer and the seller. Simply put, the process would
be “UPLOAD – LOCK – PAY” for most tax payers.”
  • But the process of uploading the invoices has not been elaborated that whether it would be online on real time
basis or not. If it is to be done as and when the invoice is prepared, then the supplier can take credit whenever
the same is received in his portal. But other conditions of receipt of material should also be satisfied. Suppose a
supplier from Jodhpur raises the bill on recipient of Ahmadabad and file the same online then the credit will be
reflected in the return of recipient. But as per provision of CGST Act, the credit can be taken only after receipt of
material. Hence, the option of accepting this credit should be given to recipient and if it is done then this is same
procedure as like of GSTR-2 return which has not worked earlier also.
If it is to be done in return, in same way as is being done in GSTR-1 return now, then how shall it be possible to
claim the input tax credit on monthly basis if the other person files the return on Quarterly basis. These issues
need clarification which can be better obtained when notification is issued which is expected on 27th of July
2018. The system on portal will also have vital role to play to implement this system. Let us hope for the best.
 
2. Quarterly return filing
  • The Council approved quarterly filing of return for the small taxpayers whose turnover is below Rs. 5 Cr.
Quarterly return shall be similar to main return with monthly payment facility but for two kinds of registered
persons – small traders making only B2C supply or making B2B + B2C supply.
  • Here the council has used the term “Small traders”. It is not clear whether this shall be applicable to the
manufacturers, service providers or not. Further it has been stated by Finance Minster in the meeting that 93 %
of the taxpayers have a turnover of Rs. 5Cr and these taxpayers would benefit from this simplification. This gives
another interpretation that the term small traders shall include manufacturers as well as service providers also.
This matter can be resolved only by way of notification only.
 
  •  When the return filing is done on quarterly basis and around 93% of assessee are filing it on quarterly basis then
the same should be prescribed for all. The quarterly return was being filed by all under VAT system. When the
tax payment is done on monthly basis then the revenue of Government will not hamper. Then ease in filing of
return will relax all the assessee and Chartered accountants who are over burdened with filing of returns.
  • The press release states that Simplified returns have been designed, naming them as Sahaj and Sugam. In these
information required to be filled is lesser than that in the regular return. However, this return is applicable for
assessee operating under composition scheme only or otherwise. It is to be seen. The details of returns and its
format are awaited.
  •  Further as per the decisions in the meeting, the new return design provides facility for amendment of invoice
and also other details filed in the return. Amendment shall be carried out by filing of a return called amendment
return. Payment would be allowed to be made through the amendment return as it will help save interest
liability for the taxpayers. This is welcome step but the operation of the same is to be seen at the time of
implementation.
  •  Taxpayers would have facility to create his profile based on nature of supplies made and received. The fields of
information which a taxpayer would be shown and would be required to fill in the return would depend on his
profile. This is also new concept and details of the same will be known only when it is implemented.
3. Nil Return by way of SMS
  •  NIL return filers (no purchase and no sale) shall be given facility to file return by sending SMS.
Department News


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