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FILING OF GSTR – 4 ANNUAL RETURN
Articles Goods and Services Tax - GST
By: - DR.MARIAPPAN GOVINDARAJAN
Quarterly Form GST CMP-08 filings for the entire financial year are to be made before the annual return, by the 18th day of the month following each quarter. The general annual filing deadline is 19 April following the financial year; for financial years from 2024-25 onwards, Form GSTR-4 is to be furnished by 30 June. Tax and interest payable with the annual return are discharged through the electronic cash ledger. Return disclosures cover invoice-wise inter-State and intra-State inward supplies, consolidated outward supplies, reverse charge supplies and imported services.

By: - Aashok Kumar Sharma
Compliance and integrity may differentiate smaller suppliers when larger customers, government buyers and export markets require formal business practices. These expectations may include GST registration, timely filings, proper invoices, audited accounts and responsible labour and data practices. As at October 2026, Udyam-registered MSMEs may, depending on eligibility and scheme terms, access procurement preferences, including those under the public procurement policy for micro and small enterprises, the Government e-Marketplace, priority-sector lending and credit-guarantee schemes. Eligibility and scheme terms may change and should be checked on official portals.

By: - Aashok Kumar Sharma
Internally generated goodwill and reputation cannot be recognised as assets under IAS 38 or Ind AS 38, although reputation can affect pricing, customer acquisition, recruitment, credit and resilience. Acquired goodwill arises principally in a business combination when consideration exceeds the fair value of identifiable net assets. Practitioners should measure acquired goodwill under Ind AS 103 and test it for impairment, while distinguishing it from internally built reputation that cannot be capitalised. Consumer complaints, regulatory action and litigation may also indicate contingent liabilities or going-concern issues for discussion with management.

2026 (11) TMI 132
Case Laws VAT / Sales Tax
Excess transitional credit claims do not themselves create VAT liability, while wrongly availed credit remains subject to GST action.
An excess transitional input tax credit claim in TRAN-1 does not itself establish a breach of VAT law or create a VAT liability. Available VAT credit can be set off against tax payable. Rule 117 provides for crediting the amount specified in TRAN-1 to the electronic credit ledger, while Rule 121 provides for verification and action under GST law in respect of wrongly availed credit. VAT authorities may inform the GST department of an excess claim.

2026 (11) TMI 133
Case Laws VAT / Sales Tax
Input tax credit restrictions for inter-State sales turn on specified goods, while earlier rules depend on purchase tax liability.
Amended Section 19(5) of the Punjab Value Added Tax Act, 2005 restricts input tax credit on inter-State sales of Schedule H goods or products manufactured from them, including where VAT was paid on purchase. Section 19 overrides the credit provisions in Sections 13 and 13A where applicable. Yarn is not listed in Schedule H, and credit on yarn cannot be restricted solely because a Schedule H commodity was involved at an earlier manufacturing stage; the credit-generating goods and basis for reversal must be identified. Before amendment, the restriction depended on liability to purchase tax and did not apply to a subsequent purchase not liable to that tax. The applicable statutory version and relevant transaction require verification.

2026 (11) TMI 134
Case Laws VAT / Sales Tax
Form C photocopies cannot support concessional central sales tax treatment without compliance with the prescribed duplicate declaration procedure.
Concessional central sales tax treatment requires strict compliance with the Form C declaration requirements under section 8 of the Central Sales Tax Act, 1956 and rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957. The prescribed procedure for a lost form provides for an indemnity bond and a duplicate declaration and applies where the original cannot be produced. Certified photocopies alone do not establish entitlement to the concessional rate if that procedure has not been followed.

2026 (11) TMI 135
Case Laws Central Excise
Investigation deposits made under protest attract compensatory interest from deposit until refund, without the duty refund waiting period.
Amounts deposited under protest during investigation, before any demand or determination of liability, retain the character of revenue deposits when the underlying demand is extinguished. Sections 11B and 11BB of the Central Excise Act, 1944 govern refunds of duty and do not apply to such deposits; the three-month period for interest on delayed duty refunds cannot be imported by analogy. Article 265 of the Constitution and equitable and commercial principles support compensation for retention of money without authority of law. For the deposits in question, interest is payable at 6% per annum from the respective deposit dates until actual refund.

2026 (11) TMI 136
Case Laws Central Excise
Excise clearance clubbing requires evidence of a dummy unit; orders and payments for a separate firm are insufficient.
Section 9D of the Central Excise Act governs the relevance of supplier statements in excise proceedings, including the examination of their makers as witnesses by the adjudicating authority. For clubbing excise clearances, placing orders and making payments for a separately registered firm does not, without evidence that it is a dummy unit, justify combining its clearances with those of another firm.

2026 (11) TMI 137
Case Laws Central Excise
Corporate identity labels on non-commercial garment samples do not make them branded goods liable to excise duty.
Garment samples bearing a manufacturer's corporate name are not branded goods for excise duty purposes where the label identifies the company rather than a brand and no trademark is used. Non-commercial samples used for display and order booking, rather than retail sale, do not attract duty as branded goods. Internal accounting entries measuring unit performance do not establish sales.

2026 (11) TMI 138
Case Laws Central Excise
CENVAT credit for co-generation plant renovation remains available, while disclosed chimney works credit faces demand within the normal limitation period.
CENVAT credit remains available for services used to modernise or renovate a co-generation plant despite the removal of 'setting up' from the input service definition from 1 April 2011. Specified works contract and construction services used for buildings or civil structures, including construction and installation of an RCC chimney, are excluded from credit. Regular returns disclosed the credit and invoices identified the works contract services, so the allegation of non-disclosure does not support the extended limitation period. The disallowed credit demand is confined to the normal limitation period.

2026 (11) TMI 139
Case Laws Central Excise
Cenvat credit on processed inputs remains available when suppliers manufacture distinct packaging materials from laminated sheets.
Cenvat credit on inputs cannot be denied on the premise that suppliers' processing is not manufacture where laminated or metallised sheets are converted into packaging material with a distinct name, character and use. Manufacture includes processes incidental or ancillary to completing a manufactured product. Bonding layers, including a printed layer, followed by curing, slitting and cutting into customer-specific packaging material goes beyond mere lamination and constitutes manufacture. Denial of credit, recovery with interest and an equivalent penalty cannot stand on the contrary premise.

2026 (11) TMI 140
Case Laws Central Excise
CENVAT credit for supplies to SEZ developers extends to earlier supplies, with the related demand and penalties removed.
CENVAT credit benefits under Rule 6 of the CENVAT Credit Rules, 2004 apply to supplies made to SEZ developers before 31 December 2008. The rule initially provided the benefit for supplies to SEZ units; an amendment by substitution extended it to SEZ developers. The related demand, interest and penalty do not stand.

2026 (11) TMI 141
Case Laws Service Tax
Business exhibition service tax demands require evidence beyond balance-sheet differences, while fresh adjudication must respect remand directions.
Service tax demands on business exhibition receipts require supporting evidence beyond a difference between balance-sheet figures and certified receipts. Books of account, balance sheets and chartered accountant certificates are admissible evidence of their contents. Reconciliation may involve accrual-based certification, tax paid on actual receipts and claimed government grants. Where the organiser has paid service tax on the same receipts, unsupported balance-sheet figures do not sustain an additional demand, interest or proportionate penalties. Fresh adjudication must remain within the remand directions; a remand requiring reconciliation of certified revenue sharing with exhibition receipts must also address claimed government grants where specified.

2026 (11) TMI 142
Case Laws Service Tax
Partial reverse charge and limitation restrict works contract subcontractor liability where conflicting decisions support a bona fide belief.
Partial reverse charge makes a proprietary subcontractor liable for half the service tax on works contract services, with the recipient responsible for the balance. Tax already deposited by the subcontractor is accounted for in calculating liability. The extended limitation period cannot be invoked where non-payment arose from a bona fide belief supported by conflicting tribunal decisions and suppression is not established. In those circumstances, a demand for the extended period is time-barred.

2026 (11) TMI 143
Case Laws Service Tax
Reverse-charge liability for subcontracted services remains, but revenue neutrality can bar extended limitation and suppression penalties.
Recipients of manpower supply and works contract services bear the specified reverse-charge liability even when they provide the main services to customers through subcontractors and pay tax as providers. Revenue neutrality does not extinguish that liability. An extended limitation period requires a prescribed ground involving intent to evade, and suppression must be deliberate. Revenue neutrality arising from credit available to the same assessee negates intent to evade; incorrect self-assessment alone does not establish deliberate suppression. In those circumstances, the extended period and suppression penalty are unsustainable.

2026 (11) TMI 144
Case Laws Service Tax
Extended limitation for service tax requires deliberate withholding, not mere mismatches in disclosed accounts and returns.
Extended limitation requires proof of conscious and deliberate withholding, not mere non-payment or inaction. Where relevant accounts and returns were disclosed and no such withholding was established, recovery, interest and penalties are time-barred even if Cenvat credit is disallowed on merits. Specified departmental communications without a document identification number are invalid unless an exception applies, but remain effective until set aside by a competent court or authority. Service tax demands cannot rest solely on differences between accounting revenue and returns, because project completion accounting and the earlier of invoice or payment determine different timings. Construction service abatement requires no Cenvat credit on inputs and inclusion of land value in the amount charged; credit on input services does not breach the input condition, and the department bears the burden of proving a breach.

2026 (11) TMI 145
Case Laws Service Tax
Cenvat credit for manpower services remains available when recipients meet payment and documentation requirements despite providers' tax non-remittance.
Cenvat credit for manpower supply services cannot be denied solely because the provider has not remitted tax, where the recipient satisfies the payment and documentation requirements. Wages paid directly to supplied personnel may form part of the gross charge. Rule 5 of the Service Tax Valuation Rules was declared ultra vires, while Section 67 was amended from 1 April 2015; VAT and service tax are treated as mutually exclusive for sales of materials. Endorsed Form A-2 authorises procurement of specified services by SEZ units without upfront service tax. The extended limitation period requires evidence of specified conduct, such as wilful suppression or fraud; incorrect self-assessment alone is insufficient. Investigation deposits obtained without justification from recipients towards providers' liabilities are refundable.

2026 (11) TMI 146
Case Laws Service Tax
Mining service classification depends on the nature of work, while composite labour and goods contracts fall under works contract services.
Service-tax classification depends on the essential character of an activity, not its location or the recipient's business. Auxiliary civil, mechanical, maintenance and transport work does not become mining service merely because it occurs in a mining area. Composite contracts involving labour and transfer of goods fall under works contract services. The extended limitation period requires specified conduct, such as suppression of facts, with intent to evade tax; disclosure and tax payment are relevant to that assessment. Penalty under section 78 requires conduct involving intent to evade tax, while payment, bona fide belief and concession of other liabilities are relevant to penalty under section 77.

2026 (11) TMI 147
Case Laws Service Tax
Reverse charge on construction-related payments requires proof of taxable services, while exemptions and limitation restrict service tax liability.
Service tax exemptions cover qualifying dam and irrigation works supplied to government, public road works, and repair or renovation of civil structures supplied to governmental authorities. A medical college subcontract is taxable where the applicable exemption has been withdrawn; tax paid by the main contractor does not itself exempt the subcontractor. Reverse charge applies to qualifying goods transport agency and advocate services, not merely to supplier invoices, loading expenses or payments to other professionals. Revenue must establish that labour and subcontract payments are for taxable services; accounting descriptions or assumptions alone do not suffice. Royalty deductions alone do not establish a taxable government service or a grant of natural-resource rights. The extended limitation period is unavailable where disputes involve statutory interpretation, returns are regularly filed, information is drawn from books and no fraud or suppression is established.

2026 (11) TMI 148
Case Laws Service Tax
Residential construction tax distinguishes independently contracted houses from complexes and permits conditional abatement for flats with land interests.
Before 1 July 2012, a residential complex required buildings with more than twelve residential units, common areas and specified facilities within an approved layout. From that date, a self-contained single residential unit outside a residential complex was exempt. Separately contracted houses on demarcated plots do not become part of a residential complex solely because they share gates or amenities; agreements, title documents and approved plans are material. Abatement for residential flats depends on the applicable notification and conditions: 67% for April to June 2010, 75% for July 2010 to June 2012, and the prescribed rate thereafter. Consolidated consideration for a flat and an undivided land interest need not separately allocate the land value; unit specifications require verification.

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