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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 THE NEVER ENDING STORY OF TRANSITIONAL CREDIT 92/2020-21

GST UPDATE ON THE NEVER ENDING STORY OF TRANSITIONAL CREDIT 92/2020-21
The dispute regarding transitional credit in the GST regime has not resolved even after 3 years of the implementation of GST and God knows when this story would end. After the decision of Hon’ble Delhi High Court in the case of M/s Brand Equity Treaties Pvt. Ltd., there arose a ray of hope in the minds of assessee that the dispute as regards the time limit for carry forward of transitional credit would come to an end. However, the department has filed Special Leave Petition in the Supreme Court which has even been admitted by the Apex Court. Moreover, recently, the decision pronounced by Hon’ble Madras High Court in the case of M/s P.R. Mani Electronics reported as [2020-VIL-308-MAD] has taken diagonally opposite stand and has held that the time limit prescribed under Rule 117 of CGST Rules, 2017 is mandatory in nature and not directory. The decision given by the Hon’ble Madras High Court is the subject matter of discussion in our present update.
 
The petitioner challenged the validity of Rule 117 of CGST Rules, 2017 on the grounds that it is ultra vires section 140 of the CGST Act, 2017 and infringes Article 14 and Article 300A of the Constitution and prayed that they should be permitted to file their transitional credit form either electronically or manually. The petitioner placed reliance on the judgment of the Division Bench of the Delhi High Court in Micromax Informatics Ltd. Versus Union of India wherein Rule 117 was construed as directory and not mandatory. On the contrary, the revenue authorities relied upon decision given by the Hon’ble Supreme Court in the case of Jayam and Company Vs Assistant Commissioner and ALD Automotive Private Ltd. Vs Commercial Tax Officer to contend that input tax credit is a concession which can be availed as per the terms and conditions specified thereon.   
 
The hon’ble Madras High Court held that as per section 164(3) of the CGST Act, 2017, the government is empowered to make rules including the power to give retrospective effect to the rules and so it was concluded that Rule 117 of the CGST Rules,   is intra vires section 140 of the CGST Act, 2017. The Hon’ble Madras High Court rejected the plea of the petitioner that input tax credit is the property of the registered person and is vested right by placing reliance on the decision given by Apex Court in the case of Jayam and Company Vs Assistant Commissioner and ALD Automotive Private Ltd. Vs Commercial Tax Officer. The decision of ALD Automotive Private Ltd. ruled that the time limit in section 19(11) of TNVAT for availing input tax credit is mandatory.
 
The hon’ble High Court referred to various decisions rendered by High Courts on this issue including the case of Brand Equity Treaties Pvt. Ltd. which is pending before Supreme Court which was rendered without considering the retrospective amendment and the case of SKH Sheet Metal Components which was decided after retrospective amendment by Hon’ble Delhi High Court. The Hon’ble Madras High Court relied upon the decision given by Bombay High Court in the case of Nelco Limited Vs Union of India and Gujarat High Court in the case of Willowood Chemicals Ltd. Vs Union of India wherein it was held that input tax credit is a concession and Rule 117 is intra vires section 140 of the CGST Act. It was held that merely because the time limit for filing TRAN-1 was repeatedly extended cannot be construed as there is no time limit. The Hon’ble Madras High Court held that time limit for availment of input tax credit under section 16(4) is indicative of the fact that benefit of credit can be given along with conditions and permitting party to avail transitional credit in perpetuity would render the provision unworkable. The High Court also made reference to Supreme Court judgments to arrive at conclusion that the provision is directory or mandatory and held that time limit under Rule 117 of the CGST Rules is mandatory and not directory. Consequently, the writ petition was dismissed.
 
The above decision seeks to unsettle the findings of the Hon’ble Delhi High Court in the case of Brand Equity Treaties Pvt. Ltd. and SKH Sheet Metal Components and rather places reliance on decisions rendered prior to these decisions. It is worth noting that the decision given by SKH Sheet Metal Components was rendered after considering retrospective amendment made in section 140 of the CGST Act, 2017. We had mentioned in our earlier GST Update No. 70/2020-21 that retrospective amendment was not the sole reason for granting benefit by the Hon’ble Delhi High Court and there were other grounds such as credit is vested right under Article 300A of the Constitution and that the time limit prescribed in Rule 117 is directory in nature and not mandatory. However, inspite of detailed and reasoned orders passed by Hon’ble Delhi High Court, there are contrary decisions rendered by other High Courts which are only creating confusion as in that case, the decision of jurisdictional High Court is to be considered. Nonetheless, it is hoped that the final verdict of Supreme Court is delivered soon so that the saga of transitional credit comes to an end. 

This is solely for educational purpose.
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