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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 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.
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PRADEEP JAIN, F.C.A.

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