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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 time lost due to technical glitch to be excluded for calculating period of limitation

GST Update on time lost due to technical glitch to be excluded for calculating period of limitation
The GST law was introduced with an intention to reduce the complexities of the taxpayers and streamline the tax compliances. Consequently, to develop the easy tax reform, the compliances are now digitised which includes electronic filing of appeal. However, this has also increased the miseries of taxpayers due to frictions/glitches in complying with the requirement of GST Laws. Recently, on similar parameters one case was reported before Allahabad High Court in the case of M/S BRIJ BIHARI SINGH V/S COMMISSIONER OF COMMERCIAL TAX. The decision imparted in this case is subject matter of discussion of our present update.
The petitioner challenged the order related to cancellation of GST registration pertaining to the period 2019-20. However, the appeal was rejected by the appellate authority on the grounds of being time barred. The registration of the petitioner was cancelled vide notice dated 28.02.2019 and the reply of which was submitted by the petitioner as on 12.03.2019. However, due to non appearance of petitioner, ex-parte order was passed dated 09.08.2019. The petitioner filed grievance that he was not able to file any appeal against the order due to malfunctioning/errors in functioning of the GSTN portal. The petitioner furnished evidence in form of screenshots in support of his contentions well. The error was resolved as on 17.09.2021 for which a ticket was also issued and e-mail was also received by the petitioner as on 20.09.2021. Therefore, the appeal was preferred on 20.09.2021. Furthermore, because of the technical glitch, the order dated 09.08.2019 was displayed again on the portal having a different reference number.
The Court observed the facts of the case. It was stated that the GSTN authorities themselves acknowledged the difficulty faced by the assessee ininstituting the appeal against the order dated 28.02.2019 by displaying the order yet again with different reference number. Further, there was evidence of resolving the difficulty on 17.09.2021 i.e. after the expiry of statutory period of limitation and extended period of limitation as per Section 107 of CGST Act, 2017. The Court stated that since the petitioner was disabled from filing of appeal electronically for reasons attributable solely to GSTN for no fault on the part of the petitioner, it is to be assumed that the order was made available to the assessee as on 17.09.2021 and not on earlier. This is because the GSTN authority resolved the glitch as on 17.09.2021 due to which assessee was not able to prefer an appeal against order dated 17.09.2019 before the said date. It was stated that the statutory right of appeal is not illusory remedy. It is an effective remedy within the statue to address the genuine grievances. Therefore, the appeal forum must be freely available to the assessee without any obstruction to access it. Recently, due to technical glitches, the period of limitation of filing of appeal against order dated 17.09.2019 expired which ideally should run from the 17.09.2021 instead. This is because of the fact that no appeal could be filed by the petitioner owing to the technical issues. For the period from 28.02.2019 to 17.09.2021, the period of limitation to file appeal must be suspended. Therefore, the appeal is admitted being within time. The matter is remanded back to the adjudicating authority to decide the case on merits within a period of 3 months from the date of copy of the order.
The above decision is a favourable decision for the business houses wherein lenient approach is taken as regards filing of appeal beyond the prescribed statutory period due to technical glitches on the GST portal, thereby giving shelter to the aggrieved taxpayer. It is well settled that default on account of technical lapses should not snatch the rights of appeal available to the assessee. It has been held in plethora of cases as well wherein it is held that substantial benefits should not be denied due to technical lapses. To illustrate, in the case of JOSE JOSEPH V/S ASSISTANT COMMISSIONER OF CENTRAL TAX AND EXCISE, Kerala High Court delivered that rejection of appeal as time barred by Appellate Authority is not justified when the department defaulted in complying with the statutory provisions. It is high time that revenue authorities should implement these decisions rather than turning blind eye and depriving the assessees oftheir substantive rights resulting into sheer wastage of time and increasing the disputes.
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