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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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SCRUTINY OF ITR/ TDS RETURNS VS SERVICE TAX RETURNS

SCRUTINY OF ITR/ TDS RETURNS VS SERVICE TAX RETURNS
SCRUTINY OF ITR/ TDS RETURNS VS SERVICE TAX RETURNS
Recently, Central Board of Indirect Taxes and Customs has alarmed the tax officials to take into consideration the high magnitude of the mismatch arising between the service tax returns and income tax returns filedfor the financial year 2015-16 and 2016-2017. It could indicate the possibility of revenue leakage which cannot be ignored from the end of revenue department.
The reasons for the mismatch are Permanent Account Numbers (PANs) that are either not at all registered in Service Tax or PAN’s that are so registered but have not filed the Service Tax returns. Also there is mismatch between the turnover declared in the ITR/TDS and the Service Tax returns which can be attributed to a number of valid reasons such as exempted or exported services not being declared in the Service Tax returns, missing Service Tax returns, RCM, services outside the scope of service tax etc.
For example, say as per provisions of Finance Act, 1994, loading, unloading, storage or warehousing of agriculture produce is exempted from payment of service tax. However, if rent is being collected on storage of such produce, TDS is being deducted as per section 194I if it exceeds prescribed limit.Since TDS is deducted on such income and no service tax is paid or he is not liable to get registered under service tax, this will be a reason of mismatch between the returns.
A numerable reasons exist which can be a reason of difference like services provided falls under RCM, service provider is providing exempt services, service tax was paid on receipt basis but TDS was deducted on accrual basis etc.
As per the officials, a considerable gap of Rs 12 lakhs crore between the turnover on account of services as per the ITR/TDS data and the value of services declared in the the corresponding service tax returns for fiscal 2015-16 was found.
Net service tax collections during 2016-17 stood at Rs 2.54 lakhs crore as compared with Rs 2.11 lakhs crore in 2015-16. 
Even this exercise took place in 2011-12 also when data was shifted from income tax department to service tax department. Number of reasons was noticed for such mismatch. Even the department does not have machinery to conduct inquiry in such cases and reach to a conclusion. Every time the officer was changed then the letter was issued to the all the assesses though they have already replied the earlier letter. This was due to the fact that hundreds of letters was issued from each range and two employees in a range does not find to file such reply and conclude the matter. Whenever a new officer comes, he will issue a fresh letter to each assesse as he cannot see all the correspondence. This also gave a impression to genuine assesses that such type of letters were being issued by the department. Hence they also stopped replying the same. Even if a sincere officer started analyzing the Balance Sheet then all the issues like payment of tax on GTA and legal services under reverse charge mechanism, other incomes like commission, job work were raised and the inquiry was not fixed on such mismatch. Hence, the poor assesses were afraid of giving details. Even these notices were issued to those assesses whose accounts are regularly audited by the department. Hence, earlier notices have not reached to a desirable conclusion and department and assesees are feed up of this inquiries then these inquiries will add fuel to the fire.

Service tax was subsumed GST with effect from July 1, 2017, and the period under scrutiny is the last two financial years before the new indirect tax regime was rolled out. This raises the burden of the assessee financially as well as mentally even he is not guilty in the eyes of law. This cost a lot of time to both the tax officials as well the assessee to which such notice is issued.

This is solely for the educational purpose.
 
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