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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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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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