GST REGULATORY UPDATES NOV 2022
GST REGULATORY UPDATES GSTN enables filing of Transitional Forms as per direction of Supreme Court
Editorial Note :The GSTN has enabled the transition forms for filing or revising the previously filed TRAN-1 / 2 till 30th November, 2022 as per the directions of the Supreme Court. In this regard, GSTN has issued detailed tutorial guide for the taxpayers.
NOTIFICATION NO. 31/2022 -CENTRAL EXCISE, DATED 30-09-2022
Government defers the increase in excise duty on Petrol & High Speed Diesel intended for retail sale
Editorial Note : The Government has issued a notification to defer the hike in the excise duty on petrol and high speed diesel intended for retail sale till November 1, 2022 and April 1, 2023 respectively. Earlier, the rate of excise duty on such items was to be increased with effect from October 1, 2022.
PRESS RELEASE, DATED 04-10-2022
Clarification regarding time limit for certain compliances pursuant to issuance of Notification No. 18/2022-CT
Editorial Note :The time limit for several compliances such as claiming ITC, rectification of GST returns, issuance of credit notes etc. have been extended and fixed as 30th November of the next finan- cial year, or furnishing of annual return, whichever is earlier. In this regard, it is clarified that the extended time lines for compliances are applicable for FY 2021-22 onwards.
INSTRUCTION NO. 110267/75/2022-CX, DATED 06-10-2022
Assessee can avail waiver of inter- est under SVLDRS, 2019 if tax dues already paid in full
Editorial Note : The CBIC has issued instruction to clarify that the assessee is eligible to avail benefit of the waiver of interest under SVLDRS, 2019 if tax dues have been already paid in full before filing the application.
New functionalities made available for taxpayers on GST Portal in September, 2022: GSTN Update
Editorial Note : GSTN has issued a document to update taxpayers about the new functionalities made available on the GST portal in various modules such as function- ality to add new fields while submitting response to a notice, in Form GST REG 04, addition of restricted items in the Composition restriction table etc.
INSTRUCTION NO. 26/2022-CUSTOMS, DATED 06-10-2022
Health Certificate to be accompanied with import of certain food consignments
Editorial Note :The CBIC has earlier issued instruction to inform that health certificate shall be accompanied with import of certain food consignments. Now, it is clari- fied that integrated or single certifi- cate incorporating food safety related requirements will also be accepted.
PUBLIC NOTICE NO. 28/2015-2020, DATED 06-10-2022
Last date for applications for TRQs under tariff head 7108 for 3rd Quarter of FY 22-23 extended till 10.10.2022
Editorial Note : The DGFT has issuedpublicnoticetoinformthatthe last date for application for TRQs under tariff head 7108 for the 3rd Quarter of FY 2022-23 has been extended from 31.08.2022 to 10.10.2022.
IMPLEMENTATION OF MANDATORY MENTIONING OF HSN CODES IN GSTR-1(26-10-2022)
As per Notification No. 78/2020 – Central Tax dated 15th October, 2020, it is mandatory for the taxpay- ers to report minimum 4 digit or 6 digit of HSN Code in table-12 of GSTR-I on the basis of their Aggre- gate Annual Turnover (AATO) in the preceding Financial Year. To facili- tate the taxpayers, these changes are being implemented in a phase-wise manner on GST Portal.
Editorial Note :
Part I & Part II of Phase 1 has already been implemented from 01st April 2022 & 01st August 2022 respectively and is currently live on GST Portal. From 01st November, 2022, Phase-2 would be implement- ed on GST Portal and the taxpayers with up to Rs 5 crore turnover would be required to report 4-digit HSN codes in their GSTR-1.
RECURRING SCNS TO BE ISSUED BY JURISDICTIONAL TAX AUTHORITIES GST UPDATE (20-10-2022)
The GST Council has clarified that recurring SCNs is to be issued by jurisdictional tax authorities even if original SCN is not issued by them. The jurisdictional tax authorities will be in a better position to access records and returns of taxpayers and to check whether the grounds of SCNs still exist or not. In this regard an Office Memorandum has been issued by the GST Council.
RECENT JUDICIAL RULINGS ON GST
RULE 3 OF THE CENVAT CREDIT RULES, 2004 – CENVAT CREDIT
Credit of Education Cess and Secondary and Higher Education Cess is not admissible in terms of formula prescribed under Rule 3(7)(a) of CENVAT Credit Rules, 2004 during period from April, 2007 to January, 2009 when EOU paid has duty on such goods in terms of Sl. No. 2 of Notification No. 23/2003-C.E., dated 31-3-2003 – Venus Wire Industries (P.) Ltd. v. Commissioner of Central Excise – [2022] 143 taxmann.com 440 (Mumbai – CESTAT)
SECTION 11AA OF THE CENTRAL EXCISE ACT, 1944 – INTEREST ON DELAYED PAYMENT OF DUTY
Interest is liable to be paid when assessee had availed Cenvat credit in excess though same was reversed later on after being point- ed out by revenue – Venus Wire Industries (P.) Ltd. v. Commission- er of Central Excise – [2022] 143 taxmann.com 440 (Mumbai – CESTAT)
SECTION 11AA OF THE CENTRAL EXCISE ACT, 1944 – INTEREST ON DELAYED
PAYMENT OF DUTY
Interest is liable to be paid when assessee had availed Cenvat credit in excess though same was
reversed later on after being point- ed out by revenue – Venus Wire Industries (P.) Ltd. v. Commissioner of Central Excise – [2022] 143 taxmann.com 440 (Mumbai – CESTAT)
SECTION 11AC OF THE CENTRAL EXCISE ACT, 1944 – PENALTY FOR SHORT-LEVY OR NON-LEVY OF DUTY IN CERTAIN CASES
Penalty was not imposable for excess availment of Cenvat credit when issue involved was related to interpretation of Statute – Venus Wire Industries (P.) Ltd. v. Commis- sioner of Central Excise – [2022] 143 taxmann.com 440 (Mumbai – CESTAT)
SECTION 30 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – REGISTRATION – REVOCATION OF CANCELLA- TION OF
High Court directs restoration of cancelled registration on payment of tax and other amounts and filing of returns as Department has not appealed against similar order passed earlier – M.Mallika Mahal v. Commissioner of Central GST and Central Excise – [2022] 144 taxmann.com 8 (Madras)
SECTION 54 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – REFUND – TAX, REFUND OF
Refund of accumulated credit was not admissible when value of zero rated supply was inadvertently mentioned to be ‘zero’ in GSTR-3B return and no documentary evidence was produced by petitioner to substantiate his claim of refund – CTC (India) (P.) Ltd. v. Commissioner (Appeals), CGST & Central Excise – [2022] 144 taxmann.com 10 (Jharkhand)
SECTION 107 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – APPELLATE AUTHORITY – APPEALS TO Despite availability of alternative remedy against adjudication order, Writ Petition could be entertained when adjudication order had been passed ex parte in violation of prin- ciples of natural justice and without assigning any reason – Om Shanti Construction v. State of Bihar – [2022] 144 taxmann.com 7 (Patna)
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