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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 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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PRADEEP JAIN, F.C.A.

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E-mail :pradeep@capradeepjain.com