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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 11.01.2016

REASONS FOR CONFLICTS BETWEEN CENTRE AND STATES

GST DAILY DOSE OF UPDATION:-
 
REASONS FOR CONFLICTS BETWEEN CENTRE AND STATES:-
 
The implementation of the most awaited GST law is being delayed for mainly two reasons. First is the opposition from the Congress Party regarding three issues, i.e., Abolition of proposal to levy 1% additional tax, incorporation of GST rate in constitution itself and creation of Dispute Resolution Mechanism. Second reason for delayed implementation of GST is the conflicts between Centre and States on certain key issues. The first reason has already been discussed in our earlier update and the second reason is the subject matter of discussion of this update.
 
The first and foremost reason for lack of consensus between the Centre and States was the compensation to be given to the States during the loss of revenue in the initial years of implementation of GST. There has been a huge dispute as regards the compensation to be received by different States as GST is consumption based taxation. As it is known that India comprising of different States out of which some States significantly contribute to the manufacturing activities whereas some states are consuming states. Consequently, manufacturing states will lose significantly during the initial years of implementation of GST. Moreover, the period during which compensation will be given to the States is also a crucial factor for determination as after implementation of GST, the consuming states will earn at higher rate while manufacturing states will lose revenue at higher rate. Consequently, proper equilibrium needs to be maintained. Finally, in order to achieve consensus, it has been proposed to compensate states for a period of 5 years wherein 100% compensation will be for first 3 years, 75% in the fourth year and 50% for the fifth year of implementation of GST. But states still doubt the timely compensation from centre as centre has not given promised CST compensation to states till date.
 
The second reason of dispute for lack of consensus was exclusion of certain items from the purview of GST law for certain specified period of time like Petroleum, High Speed Diesel, Natural Gas, Aviation Turbine Fuel and alcohol for human consumption. It is being demanded from States that only states should have power to levy taxes on these items except in case of imports and inter state trade. The tax from these items is major source of revenue for the states and they do not want to forgo the same.
 
Another reason for conflict between Centre and States was the fixation of threshold limit. While the Centre wants the exemption limit to be Rs. 25 Lakhs, the States are not agreeing for higher threshold limit and support lower threshold limit of Rs. 10 Lakhs. According to the Centre, the contribution of small traders to tax revenue is minimum and insignificant and so the threshold limit should be reasonable keeping into mind the fact that the GST regime will subsume excise duty also which has current threshold limit of Rs. 1.5 Crores. However, with a view to reach consensus with the implementation of GST regime, for the time being it was decided that the threshold limit will be determined by the GST Council.
 
Still another dispute is about the adjudication and appellate authorities to be appointed for the GST. These authorities will come from state or from the centre. While GST has two type of taxes i.e. CGST and SGST and they will be handled by Centre as well as by state. Hence, the field formation of both centre and state will be looking after the same. But smooth implementation of GST require that there should be common adjudication and appellate authorities. But Centre want that these officers should come from centre but the state does not want to lose their power. But to avoid conflict, this matter will be decided later on and centre wants that the constitutional amendment bill is passed at the moment.
 
 
Another dispute is about the rate of tax is to be levied on GST. The states wants it to be higher side so that there is no loss to them. But the centre wants that it should be normal so that it does not add to inflation. They were agreeing around 22% but the opposition congress party want it should not go beyond 18% . This restriction should be placed in constitutional bill itself. But the ruling BJP party does not agree to it. But after the promise of compensation of loss of revenue to states, the state will also agree to the same. But the manufacturing state has demanded additional 1% non cenvatable tax so that there loss is minimum.  The centre is also agreeing to the same but the opposition party is not agreeing the same. The centre wants that the matter will be resolved by GST council.
 
The above reasons for conflicts are sought to be temporarily resolved in order to initiate the process of implementation of GST regime so that a new beginning of unified taxation can be made.

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