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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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ANALYSIS OF FINAL TRANSITIONAL RULES VIS A VIS TEXTILE SECTOR

ANALYSIS OF FINAL TRANSITIONAL RULES VIS A VIS TEXTILE SECTOR

The GST Council has finalized the transitional rules in the meeting held on 03.06.2017 and the final rules are available on the public domain. Representations were made to the government for increasing the percentage of credit admissible in case of non-availability of duty paid documents and it appears that the cries of the assessees have been considered. The final transitional rules provide that where a registered person other than a manufacturer or supplier of services, is not in possession of an invoice or any other document evidencing payment of duty, then the said person will be allowed to avail input tax credit on goods on which duty of excise or CVD under section 3(1) of the Customs Act is leviable in the following manner:-
• If the rate of CGST leviable on the goods is 9% or more, then credit admissible shall be 60% of central tax applicable. 
• If the rate of CGST leviable on goods is less than 9%, then credit admissible on such inputs shall be 40% of central tax applicable.
Furthermore, if IGST is applicable on supply, then also credit shall be admissible. In this case, goods on which IGST is leviable at the rate of 18% or above then credit admissible shall be 30%. In other cases the credit admissible shall be 20%. 
 This credit shall be allowed for 6 months subject to following conditions:-
1. These goods were not unconditionally exempt from the whole of the duty of excise or were not nil rated in the said Schedule. 
2. The procurement documents of goods is available with the registered person. 
3. The assessee must have provided details of stock in statement FORM GST TRAN 2 at the end of each of the six months giving details of supplies of such goods.
4. The credit allowed shall be credited to the electronic credit ledger of the applicant maintained in FORM GST PMT-2 on the Common Portal. 
5. The stock of goods on which the credit is availed is stored so therefore they can be easily identified by the registered person.

The above provision has great implication in the context of textile industry. It is pertinent to note that the benefit of credit shall be admissible only if such goods were not unconditionally exempt from whole of the duty of excise specified in the First Schedule to the Central Excise Tariff Act, 1985 or were not nil rated in the said schedule. This condition is required to be critically analysed. It is also worth noting that the draft transitional rules released on 31.03.2017 stated the similar condition with the difference that the benefit of credit was allowed only if such goods were not wholly exempt from duty of excise specified in the First Schedule to the Central Excise Tariff Act, 1985 or were not nil rated. On comparing the provisions of the final transitional rules with that proposed in the draft rules, we find that the scope of the condition has been narrowed in the final rules. As per the draft transitional rules, the benefit of deemed credit on stock of goods was available only on the condition that the goods were not wholly exempt from the duty of excise and were not nil rated. However, as per the final transitional rules, the benefit of deemed credit will not be admissible if the goods were unconditionally exempt or were nil rated. It is worth noting that the word exempt is being prefixed with word unconditional thereby meaning that if deemed credit will not be available only if the goods were unconditionally exempt or nil rated. This means that if the goods are exempt but with condition, the benefit of deemed credit will be still available. This interpretation is of immense importance to the textile industry.

Another point that needs deliberation is that the benefit of deemed credit is admissible on goods on which duty of excise or CVD under section 3(1) of the Customs Act is leviable. We submit that it is important to understand that the term used is ‘leviable’ and not ‘paid’. We submit that it is possible that the duty is leviable but the same is not paid due to exemption prevalent in law. Consequently, we may interpret that the benefit of deemed credit is admissible with respect to textile products falling under chapter 50 to 63 because the central excise duty is leviable on such products but is exempted by virtue of exemption notification no. 30/2004-CE dated 09.07.2004. Since, the term ‘leviable’ is of wider scope than ‘payable’, the goods on which central excise duty is leviable irrespective of the fact whether the said duty is paid or not will be eligible for credit availment.

Presently, according to notification no. 30/2004-C.E. dated 09.07.2004, there is complete exemption to specified textile products falling under chapter 50 to 63 on the condition that no cenvat credit of inputs has been taken. Hence, we can say that the exemption to the textile sector is a conditional exemption with the condition that cenvat credit of inputs used has not been taken. Consequently, one may interpret that trader of textile products which has procured goods cleared under notification no. 30/2004-C.E. dated 09.07.2004 may be eligible to avail the benefit of deemed credit as the restriction is only for goods which are unconditionally exempt from the whole of duty of excise. Since the goods cleared under notification no. 30/2004-C.E. dated 09.07.2004 are conditionally exempt, the embargo will not apply to such goods. This interpretation may lead to manufacturers of such products transferring all their stock to their dealers/traders as it is quite probable that such manufacturers do not have valid duty paying document to avail credit under the provision of section 140(3) of the CGST Act, 2017 but they may ensure that at least the benefit of deemed credit is taken by the dealers/traders. In our opinion, such a practise although legally valid may not be accepted by the revenue authorities and the assessees may end up fastening themselves with penal consequences.

 

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