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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 WAIVER OF INTEREST IN CASE OF NON PAYMENT WITHIN 180 DAYS AND REVERSAL OF CREDIT THEREOF ??

GST UPDATE ON WAIVER OF INTEREST IN CASE OF NON PAYMENT WITHIN 180 DAYS AND REVERSAL OF CREDIT THEREOF ??
We have prepared a series of amendment proposed in recent GST council meeting. This update is also in continuation of the same. One more amendment proposed by GST council is waiver of interest on reversal of credit on non-payment within 180 days to supplier of goods.
The present relevant provision of Section 16(2) of the CGST Act, 2017 reads as follows -­
 
Where a recipient fails to pay to the supplier of goods or services or both, other than the supplies on which tax is payable on reverse charge basis, the amount towards the value of supply along with tax payable thereon within a period of one hundred and eighty days from the date of issue of invoice by the supplier, an amount equal to the input tax credit availed by the recipient shall be added to his output tax liability, along with interest thereon, in such manner as may be prescribed.
Therefore, if a person has availed input tax credit on inward supplies of goods or services or both and has not paid the amount due to the supplier within the time span of 180 days from the date of availing the credit, then such person shall have to reverse the amount of credit already availed in respect of that transaction. Such credit earlier availed will be added back to the output tax liability of the registered person. Apart from this aspect of reversal of credit on non-payment of the invoice value, there was also a clause of payment of interest on such procrastination.
This matter can be conveniently explained with the help of an example given below :
For example: Mr X, of Jodhpur has purchased goods from Mr.Z, of Delhi worth Rs 100,000/- on 1.08.2017. Such purchases are taxable with the rate 12% under GST. Therefore amount of IGST involved here is Rs 12000/-. Mr. X has received the goods on 15.08.2017. Mr X has taken input tax credit of such amount of IGST on 15.08.2017. Later on Mr X failed to pay the invoice value of 1,12,000/- to Mr Z even after 180 days from the date of taking credit i.e. upto 11.2.2018. This delay of payment will now require Mr X to reverse the credit of IGST, which shall be added back to output tax liability ledger. Mr. X reverses the credit on exact date of 11.2.2018. Also, he has to pay interest, calculated @ 18% on the amount IGST 12000/-. Time period involved for such calculation of interest will be commencing immediately from the date of availing credit and continuing till the date of reversal.  Suppose, Mr. X has made payment on 18.3.2018 then he can take credit back on such date.
But normally, the person taking the credit is not aware of the fact that 180 days has elapsed and he has not made the payment to supplier. He forgot to reverse the credit. The departmental audit comes and point out the same. Meanwhile the payment has been made and he is eligible to take the credit back also. Like in present example, the payment is made on 18.03.2018 by Mr. X. Hence, the interest will be charged from the date of taking credit on 15.08.2017 to date of re-eligible to take credit i.e.15.03.2018. There is no need of reversal as he is now eligible to take the credit once again.
But, there were certain recommendations made during the 28th meeting of the GST council held by the Ministry of Finance. One of such recommendations involved an amendment made to the above explained concept of delayed payment which states that ifthe recipient fails to pay the due amount to the supplier within 180 days from the date of availing credit, the input tax credit availed by the recipient will be reversed, but liability to pay interest is being done away with.
This can be interpreted in two ways. To start with, according to the first view it can be held that now there will no payment of interest and only consequence of such non-payment will be reversal of ITC already availed, thereby leading to NIL cost.
Now come again to example in hand. In first situation, Mr. X has reversed the credit on 11.02.2018. No need to pay the interest. He can again take the credit on 18.03.2018 when payment is made by Mr. X. There is no problem.
Situation 2 in above referred example wherein Mr. X forgets to reverse the credit. The audit points out the same. Meanwhile he has already made the payment to Mr. Z. Now he is re-eligible to take the credit. No need of reversal now. But the point is that he needs to pay the interest also. No interest is payable for both the periods i.e from 15.08.2017 to 11.02.2018 and also for the period from 11.02.2018 to 18.03.2018. The view taken above suggests the same. This seems to be absurd result. No reversal as well as no interest payment. Then nobody will do reversal under this provision.
Yet another view to this recommendation can be taken that there will be no complete waiver of interest. The waiver is only for the period when the assessee ought to have reversed the credit. The period after that date is his output liability and he has to pay the interest for remaining period. Hence, the interest is to be paid after 180 days if he has not reversed the credit. This concept can be more clearly explained via continuing to previous example:
Mr. X has not reversed the credit in situation 2. The audit has pointed out the same. He need not to reverse the credit as he has become re-eligible by making payment to Mr. Z. He needs not to pay the interest for the period from 15.08.2017 to 11.02.2018. But interest will be recovered for the period from 11.02.2018 to 18.03.2018 as it was his output liability. This seems to be more logical and legal interpretation.

Thus, there is ambiguity with respect to treatment of interest on the payment made to the supplier by the recipient.The notification has not been received so far. We shall wait till the notification is issued by the Government officials to clear the ambiguities arose by the press release released by the officials.

 
    
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