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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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Publish Date: 08 Sep, 2015
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THERE IS RATE CHANGE # RETURN UTILITY # NO MORE UTILITY

THERE IS RATE CHANGE # RETURN UTILITY # NO MORE UTILITY
 

An article by:-
CA. Pradeep Jain
CA. Preeti Parihar
CA. Vaibhav Bothra
 

Introduction:-
“Online” - the most used word in modern world; whether it is a “person” or a “procedure”, everyone and everything is online now. Compliance procedures of most of the legal provisions have become online, somewhere it is optional and somewhere it is mandatory. In the service tax too, concept of online filing of return was first introduced for big taxpayers; w.e.f. 1.10.2011. Since then, the service tax return utility has been a classical example of both efficient data compiler and technical hurdles. The Service tax which itself is so much complicated containing a plethora of provisions, becomes scarier when a rate change takes effect. This becomes even more mind boggling when the rate change happens in between of a year. The after effects of this rate change proved a pain most when filing the service tax return. This article explains this pain of tax payers.
 
Analysis of legal provisions:-
The change in rate of service tax is the most complicated thing faced by the assessees. Last change in the service tax rate was in the year 2012-13 which was perhaps the most complicated change as there was transformation of service tax law by way of introduction of negative list concept. However, since then, things have simplified much as the transitional period has passed. Here, in this article, we are talking about the effect of rate change while filing the service tax return online. Before coming to the point, it would be better to discuss the provisions applicable in case of change in the rate of service tax. According to Point of Taxation Rules, 2011; if any advance is received against a service to be provided in future, the service tax is to be paid at the time of receipt of such advance. However, if the service is not yet provided and invoice is also not issued and there is change in rate of service tax; the service tax has to paid on the entire value as per new rate. Thus, the advance on which tax was earlier paid with old rate; will now be subject to new rate. This can be understood with the help of following example:-
Advance Received                         Rs. 50000/-
Date of advance                             1.4.2015
Service tax rate                               12.36%
Service tax paid on 5.5.2015      50000 * 12.36% = Rs. 6180/-.
Change in rate of service tax       1.6.2015
New rate of service tax                 14%
Date of provision of service        1.7.2015
Date of issue of invoice                5.7.2015
In above case, since the provision of service and issue of invoice (i.e. two events) are after the change in rate; new rate will be applicable on the entire service value. Thus, now the service tax payable on advance will be calculated as follows:-
50000*14% = Rs. 7000/-.
Since service tax of Rs. 6180/- has already been paid by 5.5.2015; differential service tax of Rs. 820/- (being 7000-6180) would be now payable.
The question is how and where this differential service tax of Rs. 820/- will be represented in the ST-3 return.
 
History of problems in return utility:-
In 2012-2013, the return utility (July-Sept)  had the facility of inserting an additional row and mentioning that differential rate of tax; thereby showing the additional tax to be paid in a particular month for a particular service. It had the facility of inserting any rate irrespective of the fact that statutory rate of service tax applicable as on date is different. Thus, in the given example, in the year 2012-13; we could show both the transactions of taxes paid and rates applied. There was facility in the return utility to consider the change in the rate of service tax and all the relevant details could be presented by way of inserting a new row below the main details.
Later on, the return utilities have undergone changes. In the later period till now, the return utility does not accept any rate other than the statutory rate applicable. Thus, now, if one tries to enter any rate other than the rate applicable as on date, the utility does not accept the same and the return gets void. Thus the return filer has to strictly follow the application of statutory rate only. For this the data of that particular period had to be adjusted so that net tax paid for that particular period could be arrived in the return.
 
Rate change w.e.f. 1.6.2015:-
W.e.f. 01/06/2015, the rate of service tax has been increased to 14% from 12.36%. Thus, a no. of assessees who have received advances and have already paid service tax on the same with old rate; will now be required to pay the differential tax. It is worth noting here that the last few return utilities are not accepting the rate of tax if it is other than statutory rate. However, since there was no change in the rate of service tax during this period, this problem did not come in limelight. Now, when there is change in service tax rate, again, the same problem would be faced since there will be two sets of service tax rates applicable for the same taxable service and no mechanism in the online utility to display the same.
 
While parting:-
Online filing has made the life of tax payers easier and hassle free; however, at the same time one or other fault in the return utility creates the hassle and it becomes a tough job to file the returns online. One such fault is being discussed in this article which can create problems in the coming month. There is still time in the due date of filing the ST-3 return. The authorities can manage to update the return utility as soon as possible. If it is not updated, a no. of online return filers will be harassed with no fault at their end.

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