Goods and Services Tax

Case-Laws – GST – Highlights – Advance Ruling application maintainable for recipient liable to pay tax on reverse charge basis, despite definition of 'advance ruling' – Section 95 to be interpreted contextually – Fiction u/s 9(3) brings recipient within ambit of Chapter XVII for seeking Advance Ruling – Application erroneously rejected at threshold u/s 98(2) – No appeal lies against rejection u/s 98(2) – Matter remitted to AAR to decide application afresh u/s 98(4) – Impugned order set aside – Petition allowed by way of remand. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – Maintainability of petition – availability of alternative remedy – transitional credit – no bar for filing return in GST portal of Telangana where petitioner's branch exists – Section 140 entitles registered person to take CENVAT credit in electronic credit ledger – petitioner's registration number/PAN same nationwide – last proviso to Section 140(8) allows credit transfer to any registered person with same PAN for centralized registration under existing law – filing return in Telangana GST portal and credit transfer permissible u/s 140(8) proviso – assumption of return filing restriction unfounded – impugned action based on flawed notion – petition allowed. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – Inadvertent human error in filing a return led to denial of input tax credit (ITC) claim due to incorrect GSTIN number. The digital platform foreclosed the remedy to rectify the error due to passage of time. The court held that the denial was a bona fide mistake, and the IDA who deducted and paid the tax was made a party. Refund denial could lead to the petitioner's company closing down, considering the huge refund amount. The court directed the respondent authorities to facilitate opening the portal for a limited period or allow manual rectification upon the petitioner's representation, as this is a peculiar and special circumstance. The assessing officer can verify the specific deductions claimed with the returns filed by the IDA. The petition was allowed. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Goods and Services Tax – GST Dated:- 29-7-2024 – News – The Central Tax formations under Central Board of Indirect Taxes and Customs (CBIC) detected Rs. 36,374 crore worth of fake Input Tax credit (ITC) that involved 9,190 cases in the Financial Year (FY) 2023-24. This was stated by Union Minister of State for Finance Shri Pankaj Chaudhary in written reply to a question in Lok Sabha today. The details of the fake Input Tax Credit (ITC) cases booked by Central Tax formations during the F.Y. 2022-23 and 2023-24 are as under: F.Y. No. of cases Detection (Rs. in Cr.) Voluntary Deposit (Rs. in Cr.) No. of persons arrested 2022-23 7,231 24,140 2,484 153 2023-24 9,190 36,374 3,413 182 The number of cases booked by Central Tax formations during

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also linked with Aadhaar in case of proprietorship firm and that the details of bank account will be required to be furnished within 30 days of grant of registration or before filing of GSTR-1 , whichever is earlier. Restriction on availment of ITC to invoices and debit notes furnished by the supplier in their statement of outward supplies. Filing of FORM GSTR-1 made mandatory before filing of FORM GSTR-3B for a tax period and filing of FORM GSTR-1 made mandatorily sequential. Making the beneficial owner liable for penal action and prosecution similar to that of actual supplier/recipient, in cases where a supply has been made without the issuance of an invoice, or invoice has been issued without supply, or excess ITC has been availed/distri

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Goods and Services Tax – GST Dated:- 29-7-2024 – News – Gross and Net GST revenue collections for the month of June, 2024 Dated:- 29-7-2024 – Please click on the link below to view the gross and ne

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Goods and Services Tax – GST Dated:- 29-7-2024 – News – This is to inform taxpayers about recent developments concerning the application process for GST registration. It is advised to keep the following key points in mind during the registration process. 1. Rule 8 of the CGST Rules, 2017 has been amended to provide that an applicant can be identified on the common portal, based on data analysis and risk parameters for Biometric-based Aadhaar Authentication and taking a photograph of the applicant along with the verification of the original copy of the documents uploaded with the application. 2. The above-said functionality has been developed by GSTN. It has been rolled out in Uttarakhand on 28th July 2024. 3. The said functionality also

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be required to book the appointment to visit the designated GSK, using the link provided in the e-mail. Once the applicant gets the confirmation of appointment through e-mail (the appointment confirmation e-mail), she/he will be able to visit the designated GSK as per the chosen schedule. 6. At the time of the visit of GSK, the applicant is required to carry the following details. (a) a copy (hard/soft) of the appointment confirmation e-mail (b) the details of jurisdiction as mentioned in the intimation e-mail (c) Aadhaar Card and PAN Card (Original Copies) (d) the original documents that were uploaded with the application, as communicated by the intimation e-mail. 7. The biometric authentication and document verification will be done at th

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Case-Laws – GST – Highlights – Petitioner challenged demand for GST on unbilled revenue, explaining position. Adjudicating Authority rejected explanation without reasons, violating natural justice principles. Impugned order set aside, matter remanded to Adjudicating Authority for fresh consideration. Petition allowed by way of remand by HC. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – Provisional attachment of bank account u/s 83 of Central Goods and Services Tax Act, 2017 for wrongful claim of Input Tax Credit (ITC) due to fake supplies. Commissioner considered appropriate to provisionally attach petitioner's bank account to extent of Rs. 26.91 lacs being amount of ITC claimed for allegedly fake supplies. Exercise of power by Commissioner warranted as facts indicate necessity to provisionally attach petitioner's bank account to protect revenue interest. Material available with Commissioner has live nexus with his opinion. Impugned order cannot be faulted. Petition dismissed as unmerited. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – Challenge to order u/s 74(9) of the Central Goods and Services Tax Act, 2017 – petitioner denied access to relied upon documents despite requests – alleged violation of principles of natural justice. Held: Petitioner afforded ample opportunity for hearing by respondent authority as per impugned order. In view of Supreme Court decision in Assistant Commissioner of State Tax and Others v. M/s Commercial Steel Limited, petitioner relegated to avail alternative remedy u/s 107 of the Act. Petition disposed of with liberty to initiate appropriate proceedings before appropriate authority in accordance with law. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – Impugned order passed without reasons based on Special Audit Report, violating principles of natural justice. Order lacks analysis on contentious issues regarding mismatch between GST returns and credit entries in bank account, merely confirming demand in show-cause notice. Adjudicating Authority failed to consider contentious issues. Matter remanded for fresh consideration. Petition allowed by way of remand. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – SCN does not clearly reflect reasons for proposed cancellation of petitioner's GST registration, violating principles of natural justice. Show cause notice must specify allegations with necessary details to elicit meaningful response. Without details, noticee remains clueless about case to be met. Impugned order lacks reasoning for cancellation except referring to impugned SCN, violating natural justice. Impugned SCN and order set aside, petitioner's GST registration directed to be restored forthwith, petition disposed of. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – Inadmissible ITC utilization from cancelled suppliers – petitioner disclosed inward tax supply invoices, party ledger, bank statements, GSTR-2A and e-waybills for supplies allegedly made by a supplier during September-October 2017. Although petitioner discharged initial burden of proof, appellate authority found petitioner ineligible for ITC without specifying documents required to establish transaction genuineness. Appellate authority's order suffered from non-application of mind, being verbatim reproduction of adjudicating authority's observations. Matter remanded to appellate authority to reconsider issue of movement of goods and indicate documents petitioner required to disclose for establishing transaction genuineness. Petition allowed by way of remand. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Goods and Services Tax – GST Dated:- 27-7-2024 – News – FORM GSTR-1A 1. The Government vide notification No. 12/2024 Central Tax dated 10.07.2024, has introduced FORM GSTR-1A which is an optional Form/ facility. This has been provided to the taxpayers to add or amend particulars of a supply of the current tax period, which was missed out or was wrongly reported in FORM GSTR-1 of the said tax period, before filing of the GSTR-3B return of the said tax period. 2. FORM GSTR-1A would be available to all the taxpayer from August 2024, through which details furnished in FORM GSTR-01 for the month of July 24 can be amended. The salient features of FORM GSTR-1A are – 1. FORM GSTR-1A is an optional facility. This can be filed only once for a part

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an t file FORM GSTR-1 for a month until he files FORM GSTR-3B for the previous month. b. From the liability perspective, the net impact of particulars declared or amended through FORM GSTR-1A , along with the particulars declared in FORM GSTR-1 , shall be auto-populated in FORM GSTR-3B for the same tax period as that of FORM GSTR-1 . 5. For the QRMP taxpayers, who files FORM GSTR-1 on Quarterly basis: a. FORM GSTR-1A shall be available quarterly after actual filing of FORM GSTR-1 (Quarterly) or the due date of filing of FORM GSTR -1 (Quarterly), whichever is later, and will be available till the actual filing of FORM GSTR-3B of the same tax period. b. The supplies reported in the FORM GSTR-1 of the current tax period (including those declar

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Case-Laws – GST – Highlights – Petition challenging assessment order was allowed due to officer assuming dual role as Commercial Tax Officer and State Tax Officer (Data Analytics) (Intelligence Wing) without proper explanation. Court set aside impugned orders, remitted cases to pass fresh orders on merits expeditiously within two months after hearing petitioner, who shall cooperate. If petitioner fails to cooperate, respondents can proceed based on available records. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – Legal challenge to assessment order for tax liability based on deceased husband's business. Court found petitioner implied carrying on late husband's proprietorship through letterhead usage. Impugned orders set aside, cases remitted for fresh order after petitioner files reply to prior notices. Petition allowed. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – Unreasoned order violating principles of natural justice set aside. Irregular availment of input tax credit (ITC) alleged u/s 16(2)(c) of CGST/DGST Act on grounds of non-payment of tax by supplier. However, order did not conclude supplier's non-payment. Matter remanded to Adjudicating Officer for fresh decision after providing opportunity of hearing to petitioner. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – The respondent authority failed to provide reasons for levying interest and penalty, despite the goods being transferred between the petitioner's establishments, not sold. The court relied on CBIC's circular and previous judgments in Dhabriya Polywood Ltd. and Orson Holdings Company Ltd., which granted benefit of doubt and considered lack of ill-intent, respectively. The impugned orders were quashed and set aside, and the matter was remanded for a fresh de novo order, assigning detailed reasons after hearing the petitioner, considering the cited decisions. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – The differential dealer margin provided by the petroleum companies to its retail dealers is considered a taxable supply of service under GST. The amount paid as differential dealer margin is a consideration received for agreeing to the obligation to refrain from an act, which falls under clause (e) of Sl No. 5 of Schedule II of the CGST Act, 2017, and is therefore taxable to GST. Section 15(3) of the Act, which deals with the taxability of discounts, is not applicable in this case. The service of “Agreeing to refrain from doing an act” is classified u/s 9, Heading 9997, Service Code (Tariff): 999793 of the Scheme of Classification of Services, and is taxable at 18% as per Sl. No. 35 of Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017, as amended from time to time. The circular 29/2019 cannot be cited as a reason for non-payment of tax by the applicant. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – The authority cannot admit the application as the questions raised do not fall under the purview of section 97(2) of the CGST/KSGST Act 2017. Section 98 specifies the procedures for processing an advance ruling application, including forwarding a copy to the jurisdictional officer, examining records, and conducting hearings. The authority must reject the application if the questions raised are already pending or decided in any proceedings under the CGST/SGST Act for the applicant. The applicant did not raise any other related or associated questions. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – Advance Ruling application on maintainability – Reversal of input tax credit to extent of tax element in credit note – no agreement between parties on credit notes not treated as financial/commercial credit notes – no agreement to reduce ITC claim – mismatch of ITC claim figures between GSTR-3B and GSTR-2A – impact of incorrect output tax liability reduction based on credit note issued. Questions on ITC reversal based on credit notes and eligibility to claim ITC based on original invoices admissible u/s 97(2)(d) of CGST Act. Questions on ITC rejection due to GSTR-3B and GSTR-2A mismatch and impact of supplier's incorrect output tax liability reduction on applicant's ITC not covered u/s 97(2). Applicant issued notice u/s 61 for discrepancies, advance ruling filed later. Proceedings pending against applicant, application liable to be rejected u/s 98(2) first proviso. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – Goods detained on ground of non-generation of E-Tax Invoice as per Rule 48 of GST Rules before movement; all required documents u/r 138A accompanied goods; technical error by petitioner in not generating E-Tax Invoice; no discrepancy in quality/quantity of goods; error a human error; prior to 01.08.2022, dealers with annual turnover over Rs. 20 crores required to issue E-Waybill; in absence of finding on mens rea, proceedings u/s 129(3) cannot be initiated; impugned orders quashed; writ petition allowed. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – Failure to file returns for a continuous period of six months led to cancellation of GST registration. Cancellation order did not specify reasons for retrospective cancellation from registration date, violating principles of natural justice. Proper officer's power to cancel registration from a date cannot be arbitrary, must be informed by reason. Impugned order set aside, matter remanded to Appellate Authority to decide afresh on merits after providing opportunity of hearing, uninfluenced by delay question. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – Violation of principles of natural justice occurred due to non-receipt of show cause notice (SCN). Petitioner disputed receiving SCN, repeatedly mentioned non-receipt, and claimed it was untraceable. Despite petitioner's requests on three occasions, respondent failed to provide copy of SCN without prejudice to their stance of earlier service. Impugned order set aside, matter remanded to adjudicating authority for fresh consideration. Respondent directed to provide copy of SCN and other communications sought by petitioner within two weeks. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – Time limit u/s 73(10) of CGST Act for passing order u/s 73(9) – GST authorities re-designed portal to ensure 'View Notices' and 'View Additional Notices' tabs under one heading, but impugned show cause notice issued before portal redesign. Present petition allowed, impugned order set aside, matter remanded to adjudicating authority for fresh consideration – petition allowed by way of remand. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – Cancellation of GST Registration of petitioner challenged. Petitioner had additional place of business registered and reflected in GST certificate. Application rejected on ground reasons for revocation not covered under Amnesty Scheme. Court disposed petition directing respondents to verify within three weeks if petitioner carrying business from additional place. Subject to petitioner applying for rectification of principal place in accordance with law after registration restored, if additional place found operational. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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