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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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INCREASING COMPLEXITIES IN ITC RECONCILIATION FOR TAXPAYERS

INCREASING COMPLEXITIES IN ITC RECONCILIATION FOR TAXPAYERS
INCREASING COMPLEXITIES IN ITC RECONCILIATION FOR TAXPAYERS
Yesterday notification no. 49/2019-Central Tax dated 09.10.2019 has been issued which created havoc in the minds of taxpayers registered in GST. Notification No. 49/2019 - Central Tax issued has made some important changes by making amendments in CGST Rules, thereby inserting rule 36(3) in CGST Rules ,2017 which states that-
 
ITC in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers in GSTR-1, shall not exceed 20% of the eligible credit available in respect of invoices or debit notes the details of which have been uploaded by the suppliers in GSTR-1.
 
Although everyone is discussing its legal and ethical issues arising out of this amendment but this amendment also has innumerable practical difficulties attached with itself for the assessees as well as departmental officers. This update has been prepared to analyze the complications of this amendment in accounting and compliance procedural aspects.
 
Let us understand this with the help of an example. Suppose Mr. A registered person has ITC of Rs. 1, 00,000 duly reflected in GSTR 2A in the month of October 2019 and the amount of total credit availability as per invoices available with him is Rs. 1, 50,000. Now as per the inserted rule, A is eligible to take credit amounting to Rs. 1 lacs plus 20% of 1, 00,000 (Eligible credit) i.e. =Rs. 1, 20,000. This shows that out of Rs. 50,000 which are not auto populated in GSTR 2A of October 2019 month, Mr. A can avail credit up to Rs. 20,000. The balance amount of Rs. 30,000 is ineligible for availment for the particular month in 3B return.
 
The plain reading of the amendment does not indicate the complexities attached which will affect the business of assessees in many ways. We are briefly discussing all the relevant issues below-
 
  • Meaning of the termEligible Credit-The inserted rule does not elaborate the term eligible credit. However, depth analysis of the term depicts that eligible credit is the total credit reflected in the GSTR 2A for a particular period or month. However, this credit excludes ineligible credit as per Section 17(5), credit pertaining to exempt supplies, reverse charge supplies reflecting in 2A return etc.
Let us analyze this term while correlating with the above mentioned example.
Now, suppose the amount of credit reflected in GSTR 2A of November 2019 month is Rs. 2, 00,000. However, A can take credit for Rs. 3, 00,000 as per the invoices available with him. The issue under consideration is basically with the calculation of eligible credit for each period and maintenance of accounts.
The major questions arises are-
  1. While matching GSTR 2A of the next month, if the invoices pertaining to Rs. 30,000 of the previous month are uploaded by the supplier; then what amount should be considered for calculating 20% of the eligible credit? Whether this should include Rs. 30,000 of the previous month or the amount reflecting in that particular month should be taken into consideration?
  2. If accumulated credit is taken for calculating eligible credits, then assessee needs to match GSTR 2A of all the previous months which is a very tedious task and never ending exercise. Because GSTR2A is updated on real time basis and many assessees file their GSTR 1 on quarterly basis. The credit relating to quarterly return filers is reflected in the last month of a particular quarter.
  3.  In addition to this, how the assessee will do accounting entries relating to input tax credit which are ineligible due to 20% limit but eligible as per GST law that too month wise in their books of accounts. Maintenance of accounts as per this rule will be an impossible task for the accountants.
 
  • Applicability of Proviso to Section 16(2) of CGST Act, 2017-   Third proviso to Sec. 16(2) of the CGST Act, 2017 provides for reversal of ITC on account of non-payment. Same is reproduced below for ready reference:
“Provided further that 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 :
Further Rule 37 prescribes the mechanism for implementing the above referred provisions.
Now, we will further discuss the how the above proviso will increase the complexities when combined with new inserted rule.
Suppose Mr. A has made a purchase of Rs. 10,000(credit involved Rs. 1000) from Mr. B. A has availed the said credit in the month of October 2019 and the same is reflecting in GSTR 2A also. But after the elapse of 180 days, A fails to make payment to B. This calls for reversal of credit as per proviso to Section 16(2) and accordingly A reverses this credit in the return for the relevant month.
As and when A will make the payment to B, he is eligible to reclaim the said credit. The difficulty faced by A in this matter that whether the reclaimed credit should again be considered by him for the calculation of eligible credit in the month of reavailment. Though this loophole would be beneficial for assessee but department will point out issues during reconciliation checks.
 
  • Problems while filing refund application- There will be numerous problems attached to it that will be faced by exporters. They normally pay tax from ITC taken by them in accounts. But now there will be restriction on availment of credit. Hence, they will be forced to claim the refund in next month after credit is available to him or they might have to pay the tax in cash. The first option will delay the refund by one month and no exporter will intend to go for second option.
Likewise, the refund claim arising out of inverted duty structure will also be delayed. Similarly, the circular of CBIC which asks the exporters to show the invoices if not reflected in GSTR-2A will be redundant.
 
  • Worries of Small Taxpayers-Moreover, the recipient will stop purchasing from small suppliers who pay the GST on quarterly basis as the credit will be delayed in such cases.
 
The author of this update has seen that there is great problem while preparing reconciliation of invoices with GSTR-2A. Assessees are finding it difficult to do it on annual basis. But doing it on monthly basis will be impossible task. The supplier will upload its invoices on 11th and it should be reconciled between 12 to 19th as GSTR-3B is to be filed on 20th. Hence, it is to be done in time bound manner. Is it will be possible with the present portal? Every rational person does have doubts. 
 
In the nutshell we can say that as a result of this amendment, regular matching of ITC with the details available in GSTR-2A will become necessary. But there will be problems with department also to implement the same. GSTR-2A is dynamic and keep on changing on real time basis. It does not allow to download GSTR-2A on a particular date. Suppose, an assessee ignores the same then the department officer doing audit after 2 years cannot know the invoices uploaded on a particular date.
 
It seems that this amendment cannot be implemented in present form. It is suggested that the portal should allow to download the invoices on a particular date and also give a facility to show new invoices separately which have come on portal after the last downloaded  GSTR-2A.
 
We hope that the GST council soon provides us more clarification on this amended rule. A clear picture and simplified version of the rule is the only thing assessee can expect from the government.
The content of this GST update is for educational purpose only and not intended for solicitation.
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