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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-REAL ESTATE-PART-12 ADJUSTMENT OF GST PAID ON ADVANCES PRIOR TO 1.4.2019.

GST UPDATE-REAL ESTATE-PART-12 ADJUSTMENT OF GST PAID ON ADVANCES PRIOR TO 1.4.2019.

CA. Pradeep Jain

Your Need Our Concern

GST UPDATE-REAL ESTATE-PART-12 ADJUSTMENT OF GST PAID ON ADVANCES PRIOR TO 1.4.2019.

 

The new tax system introduced in real estate sector has been a pandora box which will remain unsolved till many coming years.In this series of updates regarding clarifications for complexities in new system, this update seeks to highlight the question- Whether GST paid on advances which remain unadjusted as on 1st April 2019 can be adjusted against the output tax liability supposedly to be paid in cash in new tax system?

Before proceeding further, we are discussing the treatment of the advances paid, advances adjusted, credit notes issued in a particular month in GSTR 3B and GSTR 1 returns.

 Although it is being clearly instructed while filing of GSTR 3B return that the advances against which tax has been paid shall be adjusted as and when the invoice has been raised against the same.Details of advances as well as adjustment of advances against invoices are required to be shown as a part of 3.1(a) in GSTR 3B. In addition to this, Details of the amount received as the advance are required to be mentioned in sr. no. 11A of the GSTR – 1 return. As it shows the figure of the advance money received in the tax period for which invoice has not been issued, details of all the invoices raised in the month for which return is being filed but advance was received and tax was already paid in the previous months has to be entered in sr. no. 11B of GSTR 1.

 

One of the practical issues among while filing GSTR 3B is how to fill GSTR 3B Form if the Sales return (Credit Notes issued) for any month is more than the actual Outward Supply for that month?While the GST Department and CBEC has not yet come out with clarification to these problems since the GSTR 3-B Form does not accept figures in the negative. But the experts have advised that in case of excess credit notes, the unadjusted minus figures should be adjusted against the sale of subsequent months of 3B. For example,Mr. A developer has issued credit notes worth Rs. 20,00,000/-(CGST 1,80,000  and SGST 1,80,000  each ) in March 2019 whereas the sale figure was Rs. 1,00,000/- (CGST 9000  and SGST 9000 each ) in the month of March 2019. Therefore, tax amounting to 1,71,000 each in CGST and SGST remain unadjusted in the same month. Since from 1st April onwards, taxpayers shifting to new tax regime has to dispose of the tax liability fully in cash, but the unadjusted advance would tantamount to payment of tax liability using input tax credit. The advances and credit notes unadjusted at the end of March 2019 were paid off using Input tax credit lying in the electronic credit ledger of the taxpayers. The department may raise contention that it is a tax evasion activity and therefore the whole amount would be required to be paid off in cash.

The point to be kept in mind that there is no utility of refunding the tax amount pertaining to the said unadjusted advance and credit notes in cash on the online portal. 
Therefore, the only option left with the assessee is to adjust such amounts in subsequent months against the 1% and 5% sales figure. 
Moreover, the Central Board of Indirect Taxes and Customs (CBIC) has recently issued clarification in the form of FAQs on GST changes for real estate sector said that builders will have to refund GST paid by homebuyers if he/she cancels the flat booked in the last fiscal and will be allowed to avail credit adjustment for such refunds.
Developer will be able to issue a ‘Credit Note’ to buyer as per provisions of Section 34 in case of change in price.

 

Also, builders, not buyers, will have the power to choose between the optional GST rates decided for the real estate sector by May 10.
If a real estate developer has collected 12 per cent GST from homebuyers beginning April 1, 2019, but later opted for 5 per cent rate, the builder will have to refund the extra tax (7 per cent) collected to the buyer. The FAQs, however, did not clearly spell out whether 7 per cent tax refunded by the builder will be adjusted against his GST liability. The FAQs said developer will be able to issue a ‘Credit Note’ to the buyer as per provisions of Section 34 in case of change in price or cancellation of booking. “Developer shall be able to take adjustment of tax paid in respect of the amount of such Credit Note,” the FAQ said. If the developer is allowed to adjust the excess tax paid by way of utilisation of input tax credit prior to 01.04.2019 for discharging GST liability of 1%/5% after 01.04.2019, it will lead to utilisation of input tax credit indirectly even after 01.04.2019 which is technically not permissible. This can definitely be a measure of tax planning by builders and the quantum of litigation on this subject will be revealed in the days to come.

This is solely for the educational purpose.

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