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Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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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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