1. Advisory on GSTR-1/IFF: Introduction of new tables 14A and 15A
As per Notification No. 26/2022-Central Tax dated 26th December 2022 two new tables have been introduced in GSTR-1 to capture the amendment details of the supplies made through e commerce operators (E Com) on which e commerce operators are liable to collect tax under section 52 or liable to pay tax u/s 9(5) of the CGST Act, 2017.These tables have now been live on the GST portal and will be available in GSTR-1/IFF from February 2024 tax period onwards. These amendment tables are relevant for those taxpayers who have reported the supplies in Table 14 or Table 15 in earlier tax periods.
The complete text of the relevant advisory can be accessed from the below link:
https://www.gst.gov.in/newsandupdates/read/627
2. VSM Weavess India (P) Ltd. V. Assistant Commissioner [Writ Petition No. 960, 964 and 968 of 2024]
The Petitioner was engaged in a textile manufacturing with used viscose yarn as a raw material attracting GST @ 12% and output product of viscose fabrics taxable @ 5% resulting in inverted duty structure (“IDS”). Earlier, the Petitioner had applied for and had received refund under the IGST. Therefore, the Petitioner applied for refund with regard to unutilized ITC arising from the Inverted Duty Structure (IDS). The application was rejected by the Assistant Commissioner (ST) by issuing deficiency memos for the reason that refund claimed and received earlier pertained to zero-rated supplies.
Held that Refund claimed and received earlier pertained to zero rated supplies and not unutilized ITC. Under Section 54 of the CGST Act, refund may be claimed either for unutilized ITC on account of an IDS or in respect of zero-rated exports. Therefore, the refund claim for zero rated exports does not disentitle the Petitioner from claiming a refund for unutilized ITC.
Hence, the first reason for rejection was untenable. Directed that, the Petitioner may submit any further supporting documents in respect of its refund claim and GST department was directed to take such documents into account, provide a reasonable opportunity to the Petitioner and dispose of the refund applications by a reasoned order.
