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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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UDATE on Issues regarding E-way Bill

UDATE on Issues regarding E-way Bill
This update intends to discuss about the issues arising in case of generation of E-way bill in case of Job Work: -
1.      In case of inter-state movement of goods/capital goods for job work, the value cap of Rs. 50,000/- is not applicable. This is due to third proviso to Section 138(1) of the CGST Act which reads as follows:-
 
“Provided also that where goods are sent by a principal located in one State or Union territory to a job worker located in any other State or Union territory, the e-way bill shall be generated either by the principal or the job worker, if registered, irrespective of the value of the consignment:”
 
The same wording is used in GST Rules of Rajasthan Government. Thus, value limit is not applicable in case of movement of goods for job work from one state to another. But the same is not applicable in case of movement of goods within state. Hence, the limit of Rs. 50,000/- is applicable for movement of goods on job work basis within state of Rajasthan.
 
2.      Further, there is no relaxation of distance in Rajasthan as is being done in Gujarat where e-way bill is applicable on movement of goods from one city to another city. Hence, e-way bill is to be generated in state of Rajasthan for every movement of goods in a vehicle. Hence, the job work movement of goods is also not exempted and we have to generate e-way bill of each and every movement of goods. Even the inputs/capital goods moving for repair and maintenance will also require e-way bill if the value of goods exceeds Rs. 50,000/-.  
Such type of repair works are quite frequently takes place in many industries. For example, Stainless steel patta patti industry sends machinery parts such as backup roll, work roll, coupling etc to the job worker on day-to-day basis for the process of grinding. Hence, e-way bill is to be generated for each such movement as the value of such parts is more than Rs. 50,000/-. 

3.      Moreover, e-way bill can be generated by principal or job worker in case of return back of goods by job worker. This has been provided in Rule 138 cited supra. Event the circular number 38/12/2018 dated 26.03.2018 also allows the movement of goods either by principal or job worker. This can be done either by endorsement of job work challan or by issuance of new challan by job worker. However, the e-way portal shows that option of “job work return” in inward transaction type and as soon as the same is entered then the address of registrant comes in “Bill to” column.   

Hence, it implies that the principal has also to generate e-way bill in case of return of job work. Normally, in industry the goods move from one job worker to another job worker. This is most common in textile industry. Goods move to one job worker for bleaching and then it send to another job worker for dyeing and thereafter to another job worker for printing and so on for finishing, washing, felt and packing. In each case, the principal has to generate e-way bill for each onward movement. Thus, it will make the procedure very cumbersome. The difficulty is immense if the principal is situated in another city.

Although the law as well as circular provides for the movement of goods by job worker but the e-way portal provides for job work return by principal only. The other option to job worker in case of return of job work goods generate the challan in other column. This anomaly in e-way portal is creating problems. Hence, in case of job work return, the portal should allow to enter name either in “Bill to” or “Bill from”. It will smoothen the process of e-way bill.
 
4.       Raw materials/Goods/ Machinery parts are sent for processing from one job worker to another job worker in various consignments. The material sent for processing is the intermediate material and have consignment value of more than Rs. 50,000/-. Since there is frequent movement of goods and that too in huge quantities, it is difficult to generate e-way bill for every movement of goods.

Besides, each e-way bill is required to be an adjunct to tax invoice or delivery challan and since the goods sent on job work involves several processes to be undertaken by different job workers, it is extremely complex to create new delivery challan with every movement of goods. In addition, if new delivery challans are issued every time, it will be intricate to keep their track record for the purpose of filing ITC-04. Hence, the requirement of issuance of e-way bill of labour intensive industry like textile and handicraft industry should be dispensed with.

5.      There was also practical difficulty pointed out by industry that movement of cars for repair work will also require e-way bill. Similarly, computer or mobile phone of more than Rs. 50,000/- for repairing will also require e-way bill. Even one scholar asked whether taking out car or mobile phone for official work will also require e-way bill. This seems to be very absurd. But author of this update does not have any answer to the same.

The content of this GST update is for educational purpose only and not intended for solicitation.
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