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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 whether threshold exemption is really an exemption?

GST Update on whether threshold exemption is really an exemption?

WHETHER THRESHOLD EXEMPTION IS REALLY AN EXEMPTION?
 
If we look at the present Central Excise Laws and Service Tax Laws, we find that there is small scale exemption wherein certain assessees are being exempted from payment of tax if their turnover in the preceding financial year is less than the threshold limit. In case of Central Excise Laws, the levy of central excise duty is exempted upto Rs. 1.5 Crores if the turnover of the preceding financial year is less than Rs. 4 Crores. Similarly, there is no levy of service tax if the taxable value of services in the preceding financial year does not exceed Rs. 10 Lakhs. However, the government had announced that the exemptions presently available will be minimised so that a reasonable revenue neutral tax rate is achieved. But, the provisions of the final GST Law indicate that there will be no threshold exemption in the GST regime.
 
 
We submit that section 2(107) of the CGST Act defines “taxable person” as a person who is registered or liable to be registered under section 22 or section 24 thereby meaning that payment of tax is dependent on the fact who is the taxable person. Furthermore, the provisions of section 22(1) of the CGST Act, 2017 states that every supplier shall be liable to be registered under this Act in the State or Union territory, other than special category States, from where he makes a taxable supply of goods or services or both, if his aggregate turnover in a financial year exceeds twenty lakh rupees. The above provision clearly states that a supplier is liable to be registered only if his aggregate turnover in a financial year exceeds twenty lakh rupees.
 
 
However, section 24 also states the categories of persons that are mandatorily required to get registered. The categories include persons making any inter-State taxable supply; casual taxable persons making taxable supply; persons who are required to pay tax under reverse charge etc. thereby meaning that the specified categories of persons will be required to get registration irrespective of the aggregate turnover. Say for example, a person making single supply of inter state will be liable to get registered as he will be considered as taxable person. Now, the question arises is that what is the benefit of relaxing requirement to get registered if the aggregate turnover is below twenty lakh rupees.
 
 
It is pertinent to mention here that a new provision has been introduced in the Final CGST Act, 2017 wherein as per section 9(4) if goods are supplied by unregistered person to registered person, the tax will be payable by the registered person under reverse charge mechanism. It is also worth noting that there is no monetary limit for invocation of this provision leading to conclusion that practically there is no threshold exemption in the GST regime. This is for the reason that even if the goods are procured from unregistered person, the tax will be payable by the registered person under reverse charge mechanism indicating that there is no threshold limit as such. Under the GST regime, tax will be payable by the registered person on purchase of goods from unregistered person thereby implying that the government does not intend to provide any kind of small scale exemption. However, no tax will be payable by unregistered person on supply of goods to another unregistered person if the aggregate turnover does not exceed Rs. 20 Lakhs but this will be a very rare phenomenon. It is most likely that the transportation of goods service by road will be under reverse charge mechanism which is commonly availed by every assessee and even if tax is paid under reverse charge mechanism, the assessee will be required to get registered and will be considered as taxable person. Hence, it appears that the threshold limit of Rs. 20 Lakhs provided in section 22 (1) is illusionary and rather GST will significantly enlarge the tax base of the government.  
 
Now the next question is whether an assessee who is required to register himself due to above reason, can continue to avail the exemption upto Rs. 20 Lakh? Say for example, if he has made an inter-state supply of Rs. 100/- and now he has to pay IGST. For this reason, he will register himself with the department. But his total intra state supply is Rs. 5 Lakh only. Can he avail the exemption on next intra state supply of Rs. 15 Lakh or he has to pay tax on next intra state supply since he is registered with the department. The provisions of CGST Act underlines that since he is registered with the department then he has to pay the tax on next supply. This means that as soon as he gets register for any reason then he has to forgoe his threshold exemption and start paying the tax.
 
 
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