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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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Whether cash underlying in electronic cash ledger amounts to payment of tax without fulfilling any offsetting requirement? #035/2020-21

Whether cash underlying in electronic cash ledger amounts to payment of tax without fulfilling any offsetting requirement? #035/2020-21

Whether cash underlying in electronic cash ledger amounts to payment of tax without fulfilling any offsetting requirement?
Since July 2017, implementation of GST in India is successful due to GSTN. But still there are many issues and scope of improvement in functioning and technical performance of GSTN. Taxpayers face numerous problems while filing returns, statements, replying to SCNs etc on online portal. Time and again, taxpayers have made representations to the government to improve the competency and potential of GST portal.
Taxpayers struggled with delays in receiving the one-time-password (OTP), maybe due to the malfunctioning of email service providers or local internet issues. Apart from that, there are complaints like payments not getting reflected on the taxpayer’s dashboard, the GSTN system is not efficient of handling last moment heavy traffic onboard, the system is taking longer to feature the payments on the dashboard, several OTPs are received for single return filing, data uploading takes longer than usual, returns when previewed are showing incorrect numbers, data uploaded using ASP/GSP takes additional time to reflect and the system frequently logs out the user.
Recently, a case has been pronounced dealing with technical glitch occurred while filing GSTR 3B and its associated legal consequences (Vishnu Aroma Pouching Pvt. Ltd. Vs Union of India (Gujarat High Court).
The matter under consideration was whether assessee was liable to pay interest on the amount of tax liability pertaining to the month of August 2017 which was filed in September 2017 but the tax payment was declared in the return filed for the month of September 2019 (filed in October 2019). 
Against the said tax liability, requisite cash payment was made well within the due date of payment i.e. 21st September 2017 but the liability was declared in the GSTR 3B return filed for September 2019. The asseesee received notice from the department that they are liable to make payment of interest for the period 21.09.2017 to 20.10.2019.
The assessee contended that while filing GSTR 3B return for the August 2017 on 20.09.2017, the common portal was not running properly   due   to   heavy   load   because   millions   of registered   persons   were   trying   to   upload   their returns.   Owing to the said technical glitch, entire GSTR-3B was uploaded with zero amounts. Although the tax liability was uploaded as zero, the actual cash liability (after ITC) of around Rs. 114 Crore was duly deposited in cash ledger of the assessee well within the due date.
The   asseesee,   therefore,   immediately informed the concerned Assistant Commissioner incharge   of   its   unit   about   the   payment   and discharge   of   its   liability   for   August   2017   and also about the inability to correct the GSTR­3B return   submitted   on   the   GSTN   portal.   The petitioners   were   advised   to   approach   the   Help Desk forum to sort out the issue. Thereafter, the petitioners, time and again, made representations to   the   concerned   officers,   however,   despite eighteen   months   having   been   passed   and   since there   was   no   progress,   the assessee was constrained to file the captioned petition.

He pleaded that he attempted to declare correct tax liability but could not upload the same due to technical glitch and duly deposited entire cash liability in cash ledger as well. However, he could not offset the tax liability with the cash/credit balance as the liability was uploaded as zero. Thus, the liability payable in cash was left unutilised in the cash ledger only and it never got set off. As the liability was not knocked off against the cash ledger balance within the due date, Department insisted upon interest liability.
 Hon’ble High court held in the favour of assessee that assessee had duly discharged his tax liability by depositing the requisite funds in Cash ledger and without any of the fault of assessee but because of the technical glitch the same could not be offset, therefore it will be in interest of justice not to fasten interest liability upon the assessee. Moreover, assessee has tried to contact different authorities for help in this matter but it got delayed without any mistake of assessee every time.
Gujarat High Court accordingly, allowed the petition and permitted to file manually GSTR3B for August 2017 with correct and true details and   the   respondents   are   directed   to   accept   and acknowledge   such   GSTR­3B   manually   filed   by   the assessee for   August   2017.
This judgment is really a path breaking judgment in case of various technical issues faced by the taxpayers. The department has always questioned assessee in cases where though the cash was duly deposited in the cash ledger but due to issues in GST portal, the return is filed incorrect and the liability remains unoffsetted. This is truly a remarkable judgment to heal the wounds of assessee caused while making payment of interest without their mistake. We hope that the department follows the court ruling and start avoiding sending undue notices to assessee.

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PRADEEP JAIN, F.C.A.

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