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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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PJ\CASELAW\3572: - JYOTI CONSTRUCTION VS DEPUTY COMMISSIONER OF CT & GST (ORISSA HIGH COURT)

PJ\CASELAW\3572: - JYOTI CONSTRUCTION VS DEPUTY COMMISSIONER OF CT & GST (ORISSA HIGH COURT)
Citation:- W.P.(C) Nos. 23508, 23511, 23513, 23514 and 23521 of 2021 dated 07-10-2021 Issue: - Whether Pre deposit for appeal under the GST should be paid through cash ledger only? Brief Facts: - The Petitioner, M/s Jyoti Constructions involved in the above case is a partnership firm engaged in the business of execution of works including civil, electrical & mechanical. The Firm has made payment of the pre-deposit being 10% of the disputed amount under the IGST, CGST and SGST by debiting its electronic credit ledger (ECRL) and did not pay it from the electronic cash ledger (ECL) and furnished the proof of payment of the mandatory pre-deposit. The dispute is as regards correctness of the payment of mandatory pre-deposit by utilisation of input tax credit. Appellant’s contention: - The learned counsel, Mr Roy appearing for the appellant is of the view that law must be interpreted purposively to subserve the purpose of tax utilisation under Section 49 (4) of the OGST Act, as the amount available in the ECRL could be used for making “any payment towards output tax” under the OGST Act or the IGST Act “in such manner and subject to such conditions and within such time as may be prescribed”. The submissions made by Mr. Roy sums up that the pre-deposit could be made by debiting the ECRL. He further contemplated upon the definition of “Output Tax” under Section 2 (82) of the OGST Act which means “tax chargeable under this Act on taxable supply of goods or services or both” made by the taxable person or his agent but excludes tax payable on reverse charge basis. On this basis, it is contended that since what in effect be the Petitioner was paying was a percentage of the output tax as defined under Section 2(82) of the OGST Act, the amount could very well be paid by debiting the ECRL. Respondent’s contention: - The learned ASC of the Department, Mr. Mishra emphasises on Section 49 (3) of the OGST Act which requires payment to be made from the ECL and Section 49 (4) which refers to the ECRL. It is submitted that the pre-deposit cannot be equated to the output tax. The proviso to Section 41 (2) of the OGST Act sets out the purposes for which the input tax credit (ITC) can be utilized. It can be utilized for payment of “self-assessed output tax as per the return”. It is pointed out that self-assessment is defined under Section 59 of the OGST Act i.e. when the tax payer files a return under Section 39 of the OGST Act and the Form GSTR-3B, the taxpayer is deemed to be self-assessed. In no other cases, can ITC be utilized to discharge any liability. He also refers to Rule 85 (3) of the OGST Rules which states that “subject to the provision of Section 49 payment of every liability by a registered person as per his return shall be made by debiting the electronic credit ledger maintained as per Rule 86”. Reasoning of the Judgement: The Appellate Authority has, in the impugned order referred to the decision in SHUKHDEV SINGH V. BHAGATRAM SARDAR SINGH AIR 1975 SC 1331, which mandates that “If statute provides a thing to be done in a particular manner, then it has to be done only in that manner.” Mr. Mishra, learned ASC in addition refers to the decision of the Supreme Court of India in M/S. JAYAM & CO. V. STATE OF TAMIL NADU (2016) 15 SCC 125 which held that the ITC itself is a concession and has to be utilized as per the provisions in the GST statute and not otherwise. The petition was rejected by holding that payment for pre-deposit could not be made from ECRL. Decision: - Petition dismissed. Comments: - The case referred above deals with the eligibility criteria for utilisation of Electronic credit ledger (ECRL) for making payment of pre deposit amount with respect to appeal. For an appeal to be admitted for decision on merits, the aggrieved party must deposit a pre-determined amount i.e. ten per cent of amount of tax in dispute as pre- deposit at each of the stages. However, the question arises is whether the compliance of mandatory pre-deposit can be made by utilising input tax credit. In the erstwhile regime, it was held in number of decisions that mandatory-pre deposit can be made by utilisation of credit balance because payment made either by cash or credit is considered as valid payment. Reference may be made to the following favourable judicial pronouncements of pre-GST era:- • CADILA HEALTHCARE PVT. LTD. [2018-TIOL-1236-HC-AHM-CX] • MANAKSIA LTD. V COMMISSIONER OF CENTRAL EXCISE, HALDIA-[2017 (354) E.L.T. 415 (TRI. KOLKATA)] • MANAK MOTI FORGINGS PVT LTD VS COMMISSIONER OF CENTRAL EXCISE, AURANGABAD – [2010-TIOL-1863-CESTAT-MUM] It is hoped that the above decision is reversed by the Supreme Court as restricting utilisation of credit for payment of mandatory pre-deposit will lead to unwarranted harassment of assessees thereby adversely affecting their liquidity and working capital requirements.
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