Gujarat’s economic growth impressive but GST remains a challenge – Finance Commission

Gujarat’s economic growth impressive but GST remains a challenge – Finance Commission
GST
Dated:- 24-7-2018

Ministry of Finance
Posted On: 23 JUL 2018 7:03PM by PIB Delhi
Gujarat's rapid progress in key macroeconomic parameters has been impressive and it has shown a lead to the overall economic development but GST remains one of the big challenges, said the Chairman Sh. N. K. Singh, Chairman of the visiting Fifteenth Finance Commission at a Press Conference in Ahmedabad. Commission was particularly impressed with the reduction of its Debt to GDP Ratio close to 20% (to be achieved by 2023-24) as stipulated by new FRBM Act and its Fiscal Deficit well below 3 % benchmark. He added that Gujarat's capital expenditure has been rising and it is in full compliance in key economic parameters which contribute to long term healthy economic growth.
Recently, Gujarat is improving its expenditure in health and education – areas which deserve fuller attention over the coming year

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tailed presentation made by the state govt. Commission appreciated the new initiatives taken by the state of Gujarat. Continuous of this growth momentum is dependent on some exogenous uncertainties like GST while maintaining key macro-economic parameters which are good example for many states to follow.
State urges increase of devolution to over 50%, expansion of Net Divisible pool, suggests an alternative formula for devolution based on Urbanisation and Social Deprivation
Chief Minister Shri Vijay Rupani and Dy. Chief Minister and Finance Minister Shri Nitin Patel welcomed the Commission. In his welcome remarks, Chief Minister highlighted the significant progress made in social sector with multiple govt interventions and government's commitment to overcome certain challenges remaining in child malnutrition and secondary sector education. He emphasised the state's focus on developing infrastructure despite natural disadvantages. He also urged the commission to encourage the policy of

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e Commission which is on a 3 day visit to Gujarat also sought views of the leaders from various political parties. Representatives of Local bodies requested to give some grant for backward areas in addition to performance grants, infrastructure development. They also urged to give basic grants to the local bodies without any stringent conditions which sometimes become difficult to fulfil due to some technical reasons.
During the field visits tomorrow, Commission will visit Sardar Sarovar Dam, Statue of Unity and GIFT City. The Commission will also meet Representatives of Trade and Industry tomorrow. On 25th July, it will visit Rajkot to see Aji-I reservoir, SAUNI Yojana Phase 2 and Integrated Command & Control Center (ICCC) under Smart City Project.
Commission appreciated the warm hospitality extended by the State Govt. The Commission also looked forward to continuing interaction with the State Government based on today's meaningful discussion. The Commission will finalise its recomm

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GST under RCM for transporting goods from UR persons

GST under RCM for transporting goods from UR persons
Query (Issue) Started By: – SAFETAB LIFESCIENCE Dated:- 24-7-2018 Last Reply Date:- 25-7-2018 Goods and Services Tax – GST
Got 4 Replies
GST
Dear Experts,
We are transporting goods taken delivery from city Lorry Offices/godowns to our factory and paying local freights about ₹ 300/- or ₹ 400/- by cash, to the tempo/van walas who are not registered under GST.
Whether this type of van charges are GST taxable under RCM

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Exam Support Services as Composite Supply: Classified as Education Support, Subject to 18% GST Rate Under Schedule-I Parts A & B.

Exam Support Services as Composite Supply: Classified as Education Support, Subject to 18% GST Rate Under Schedule-I Parts A & B.
Case-Laws
GST
Nature of supply – Exam Support Services – The

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Dielectric Transformer Fluid Not Classified as Vegetable Oil; Subject to 12% IGST.

Dielectric Transformer Fluid Not Classified as Vegetable Oil; Subject to 12% IGST.
Case-Laws
GST
Classification of goods – rate of GST – dielectric transformer fluid – The products are not ve

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Services Classified as Outdoor Catering, Not Restaurant or SEZ Canteen; Distribution Role Doesn't Affect Tax Status.

Services Classified as Outdoor Catering, Not Restaurant or SEZ Canteen; Distribution Role Doesn't Affect Tax Status.
Case-Laws
GST
Classification of services – Outdoor catering services or restaurant service? – It is clear that the applicant cannot claim that they are running a canteen in SEZ. – their service would be in the nature of outdoor catering service. – The undertaking of additional responsibility of services of distribution of food by the applicant would in no way impact the c

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Profiteering Allegation Dismissed: GST Overpayment Claim Against Respondent and Supplier Not Established; Application Deemed Unmaintainable.

Profiteering Allegation Dismissed: GST Overpayment Claim Against Respondent and Supplier Not Established; Application Deemed Unmaintainable.
Case-Laws
GST
Profiteering – refund of excess amou

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N & N Chopra Consltants Pvt. Ltd. Versus Principal Commissioner, Goods & Service Tax &Central Excise, Delhi East

N & N Chopra Consltants Pvt. Ltd. Versus Principal Commissioner, Goods & Service Tax &Central Excise, Delhi East
Service Tax
2018 (7) TMI 1678 – DELHI HIGH COURT – 2019 (24) G. S. T. L. 550 (Del.)
DELHI HIGH COURT – HC
Dated:- 24-7-2018
SERTA 20/2018, C.M. APPL. No. 29038-29039/2018
Service Tax
MR. S. RAVINDRA BHAT AND MR. A. K. CHAWLA JJ.
Appellant Through: Mr. Karan Sachdev, Mr. Yogendra Aldak, Mr. Kunal Kapoor, Advocates
Respondent Through: Mr. Harpreet Singh Senior Standing Counsel
O R D E R
S. RAVINDRA BHAT, J. (ORAL)
The question which the assessee urges in this appeal under Section 35G of the Central Excise Act, 1944, as made by virtue of Section 83 of the Finance Act, 1994, is that the multiple penalties imposed in the circumstances of the case were excessive.
The assessee is engaged in providing commercial coaching and training services and therefore, he is subject to service tax levy under the Finance Act, 1994. It was registered as a service tax a

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ne hundred eighty eight only) against the assessee i.e. M/s. N.N. Chopra Consultant Pvt. Ltd. On the value of taxable service amounting to Rs. 2,44,74,902/- under Commercial training and Coaching Service and the same be recovered from them under Section 73(1) read with section 68 of the Act;
ii. I confirm the demand of Cess amounting to Rs. 58,740/- (Rupees fifty eight thousand seven hundred forty only) on the amount of service tax shown in para 70.1 against them under Section 95 of the Finance (No.2) Act, 2004 read with Section 66 of the Act;
iii. I confirm the demand of SHEC amounting to Rs. 29,370/- (Rupees twenty nine thousand three hundred seventy only) on the amount of service tax shown in para 70.1 against them under Section 140 of the Finance Act, 2007;
iv. Interest at the appropriate rate on the above amounts is also chargeable from them under Section 75 of the Act on the aforesaid amount till the date of payment of the service tax;
v. I confirm the demand of service tax a

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ed by the Commissioner rejecting the contention that in the circumstances of the case, the contention about the excessive imposition of penalties both under Section 76 and 78 of the Finance Act, 1994. The appellant urges that the Tribunal fell into error, in upholding the two penalties and relies upon the judgments in M/s. Raval Trading Company vs. Commissioner of Service Tax – 2016 (42) STR 210 (Guj) and the decision of the Hon'ble Punjab & Haryana High Court-in the case of First Flight Courier Ltd. – 2011 (22) STR 622 (P&H) and Commissioner of Central Excise v. M/s. Pannu Property Dealers, Ludhiana (STA No. 13 of 2010 decided on 12-72010), 2011 (24) STR 173 (P&H). It is submitted that the appellant had deposited the additional amount of Rs. 5,06,270/- after the show cause notice was issued and had paid Rs. 34 lakhs prior to that. Given these facts, he states that imposition of any penalty under Section 76 was itself unjustified.
The facts of this case, in the opinion of this cou

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M/s. Calibre Industries Versus The Principal Commissioner, GST and Central Excise, Government of Tamil Nadu, Union of India, The Goods and Service Tax

M/s. Calibre Industries Versus The Principal Commissioner, GST and Central Excise, Government of Tamil Nadu, Union of India, The Goods and Service Tax
GST
2018 (8) TMI 137 – MADRAS HIGH COURT – TMI
MADRAS HIGH COURT – HC
Dated:- 24-7-2018
Writ Petition No. 18794 of 2018
GST
T. S. Sivagnanam, J.
For the Petitioner : Mr. C. Bakthasiromani
For the Respondents : Mr. V. Sundareswaran, SPC Mrs. G. Dhana Madhri, GA
ORDER
Heard both.
2. The sum and substance of the prayer of the petitioner is that they are unable to upload Form GST TRAN-1 to take credit of the input tax/ service tax/central excise duty availed by them at the time of migration within the time stipulated.
3. The petitioner would state that they were unable to upload Form GST TRAN-1 within the time stipulated on account of some error. Therefore, the petitioner seeks for appropriate direction in this regard.
4. Similar prayers were made before the High Courts of Chhattisgarh, Delhi and Kerala. The High

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own in para 8 of the circular dated 3.4.2018 and would take decision accordingly keeping in view that this writ petition remained pending since 26.3.2018.
8.With the aforesaid direction, the writ petition stand finally disposed of.”
5. So far as the High Court of Delhi is concerned, the Delhi High Court, in W.P(C) No.1300 of 2018 etc. batch by order dated 09.4.2018, directed the petitioners therein to approach the concerned Nodal Officer with brief representations outlining their grievances and the Nodal Officer or the Redressal Committee was directed to appropriately deal with representations in accordance with the circular dated 03.4.2018.
6. So far as the Kerala High Court is concerned, in W.P.No.17348 of 2018 by order dated 14.6.2018, the following direction has been issued:
“Having regard to the facts and circumstances of this case as also the orders passed in similar matters, I deem it appropriate to dispose of the writ petition permitting the petitioner to prefer an applic

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ations were given by the assessees. Therefore, the CBIC is setting up a Grievance Redressal Mechanism vide Circular No.39/13/2018-GST dated 03.4.2018. Paragraph 8 of the said circular would be relevant for the purpose of the cases on hand, which reads as under :
“8. Resolution of stuck TRAN-1s and filing of GSTR-3B
8.1 A large number of taxpayers could not complete the process of TRAN-1 filing either at the stage of original or revised filing as they could not digitally authenticate the TRAN-1s due to IT related glitches. As a result, a large number of such TRAN-1s are stuck in the system. GSTN shall identify such taxpayers who could not file TRAN-1 on the basis of electronic audit trail. It has been decided that all such taxpayers, who tried but were not able to complete TRAN-1 procedure (original or revised of filing them on or before 27.12.2017 due to IT glitch, shall be provided the facility to complete TRAN-1 filing. It is clarified that the last date for filing of TRAN-1 is n

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lar would state that GSTN, Central and State Government would appoint Nodal Officers in requisite number to address the problem a taxpayer faces due to glitches, if any, in the common portal. This would be publicized adequately.
10. An argument was advanced by the learned counsel for the assessee that paragraph 5 of the said circular dated 03.4.2018 is confined to non-TRAN-1 issues. However, this Court finds that there is no such specific distinction brought about in paragraph 5 of the said circular. Therefore, it can be safely held that the procedure of appointment of Nodal Officers and identification of issues are to be done in the manner provided in paragraph 5 of the said circular. Unless the Nodal Officers are appointed, the Jurisdictional Officer of the Assessee, namely Assessing Officer would not be in a position to forward the representations/applications filed by the assessees pointing out the glitches they are facing while availing the credit during the transition process.

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In Re : M/s. Global Reach Education Services Private Limited

In Re : M/s. Global Reach Education Services Private Limited
GST
2018 (8) TMI 392 – APPELLATE AUTHORITY FOR ADVANCE RULING, WEST BENGAL – 2018 (15) G. S. T. L. 618 (App. A. A. R. – GST)
APPELLATE AUTHORITY FOR ADVANCE RULING, WEST BENGAL – AAAR
Dated:- 24-7-2018
APPEAL CASE NO. 01/WBAAAR/Appeal/2018
GST
Mr. Rakesh Kumar Sharma And Ms. Smaraki Mahapatra, Member
For The Appellant : Mr. Pulak Kumar Saha, Chartered Accountant
RULING
This Appeal has been by filed M/s Global Reach Education Services Private Limited, holding GSTIN 19AAGCG0859E1ZK (hereinafter referred to as the “Appellant”), on 16.04.2018 against the Ruling dated 21.03.2018 pronounced by the West Bengal Authority for Advance Ruling.
The Appellant is a Private Limited Company primarily engaged in promoting the courses of Foreign Universities in India among prospective students. The Appellant had approached the West Bengal Authority for Advance Ruling for deciding the determination of liability to pay

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issions and challenged this finding on the grounds that the Advance Ruling Authority wrongly considered them as recruitment agent facilitating the recruitment or enrolment of students to Foreign Universities. The Appellant argued that it was providing 'business auxiliary services' to Foreign Universities by promoting their courses and its services are in the nature of marketing and promotion of courses offered by these Universities.
The Appellant argued that the function of an intermediary is to facilitate or arrange the supply of goods or services between two or more persons. The Appellant on the contrary was providing services on its own account, in the nature of marketing and promotion of courses of Foreign Universities in India and remuneration paid for these services was based on a percentage of fees paid by students admitted to the University.
The Appellant submitted the copy of its agreement with Australian Catholic University (ACU) dated 23.11.2018 expiring on 22.11.209. In C

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y or required by this Agreement.
The Appellant submitted at the time of Hearing that at present services covered under item (c) above are not being provided, though no such variance of the Agreement was submitted in support of thereof.
The Appellant placed reliance on the Ruling of the Authority For Advance Rulings (Central Excise, Customs and Service Tax), New Delhi, dated 04.03.2016, in the matter of the applicant GoDaddy India Web Services Ltd [2016-TIOL-08-ARA-ST], in connection with various support services provided by the applicant to GoDaddy US located in USA. The services included marketing and promotion services of GoDaddy US services in India by way of direct marketing, branding activities and offline marketing. GoDaddy India also provided services for supervising quality of third party customer care centre service. In this case the Authority For Advance Rulings observed that the definition of “intermediary” as envisaged under Rule 2(f) of the Place of Provision of Services

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persons but does not include a person who provides the 'main service' on his account. The Applicant further submitted that the service rendered by college to student is imparting of education and service between borrower and bank is money lending and had has no concern with education imparted by colleges/universities and money lent by bank. The Applicant submitted that he was providing Business Auxiliary Service to his clients namely banks and universities. Therefore, the Applicant did not arrange or facilitate main service i.e. education or loan rendered by colleges/banks.
Therefore, the Applicant is not intermediary and therefore, is not liable to pay service tax in terms of Rule 6A of the Rules, 1994 read with Rule 9 of the said Rules.
Hon'ble Customs, Excise & Service Tax Appellate Tribunal, Chandigarh confirmed the liability to pay tax on the visa facilitation service as the same was not disputed. For other two services the Tribunal observed that “….the appellant is nowhere p

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eard the Appellant and the submissions are considered.
First of all, the Appellant's submission is that the Advance Ruling Authority wrongly considered them as recruitment agent facilitating the recruitment or enrolment of students to Foreign Universities, which is not tenable as Clause 3.1 of the Agreement with Australian Catholic University clearly stipulates Appellant's main responsibilities that it, inter alia, shall-
(a) promote the Courses of the University;
(b) find suitable Prospective Students to undertake Courses;
(c) in accordance with University procedures and requirements, recruit and assist in the recruitment of suitable students;
The Appellant cannot have the liberty to pick and choose only some portions of the Agreement by saying that such and such clause is not being undertaken by it. The Agreement has to be considered in its entirety.
In the matter of M/s GoDaddy India Web Services Ltd [2016-TIOL-08-ARA-ST], cited by the Appellant, the nature of agreement wit

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call centers. Further, the applicant will not be engaged in arranging or facilitating provision of services by GoDaddy US to customers in India. Furthermore, the applicant will not secure orders from customers in India or arrange or facilitate the provision of any service by any third party service provider to GoDaddy US. The on)y service to be performed by the applicant is provided to GoDaddy US on a principal-to principal and arm's length basis.”
Unlike the agreement of the Appellant, M/s GoDaddy India Web Services Ltd. had M/s GoDaddy US as the only customer and had several other restrictive and stringent conditions including the fee which was fixed equal to the operating cost and a markup of 13 above such cost.
The Appellant in the instant case was free to refer students to Australian Catholic University (ACU) or any other University of its choice. Further, the fee paid to the Appellant was not tied to the promotional activities or expenses incurred to promote Courses of ACU but

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provides the main service or supplies the goods on his account.”
The definition of 'intermediary' under Clause (13) of Section 2 of the Integrated Goods and Services Tax Act, 2017, is as under:
“intermediary” means a broker, an agent or any other person, by whatever name called, who arranges or facilitates the supply of goods or services or both, or securities, between two or more persons, but does not include a person who supplies such goods or services or both or securities on his own account;
From the above two definitions it is amply clear that the issue of 'main service' decided by the Hon'ble Customs, Excise & Service Tax Appellate Tribunal, Chandigarh, in the matter of M/s Sunrise Immigration Consultants Private Ltd. v. CCE & ST, Chandigarh, cannot be imported into “intermediary”, as defined under the IGST Act, 2017, as the definition of “intermediary” under Section 2(13) of IGST Act, is not the same as that under Rule 2(f) of the POPS Rules,2012, in as much as under GST a

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Amendment in Rules 125, 129, 130, 131, 132 & 133 of Jammu and Kashmir Goods and Services Tax Rules, 2017

Amendment in Rules 125, 129, 130, 131, 132 & 133 of Jammu and Kashmir Goods and Services Tax Rules, 2017
SRO 318 Dated:- 24-7-2018 Jammu and Kashmir SGST
GST – States
Jammu and Kashmir SGST
Jammu & Kashmir SGST
GOVERNMENT OF JAMMU AND KASHMIR
FINANCE DEPARTMENT
NOTIFICATION NO. SRO 318
(JAMMU & KASHMIR), DATED 24-7-2018
In exercise of the powers conferred by section 164 of the Jammu and Kashmir Goods and Services Tax Act, 2017, (Act No. V of 2017) the Government, on the recommendation of Council, hereby makes the following rules to amend the Jammu and Kashmir Goods and Services Tax Rules, 2017, namely:-
(i) in rule 125, for the words "Directorate General of Safeguards", the words "Directorate General of A

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Fabricating and Fitting Bus Bodies on Chassis is a Composite Supply; Principal Supply under HSN Code 8707.

Fabricating and Fitting Bus Bodies on Chassis is a Composite Supply; Principal Supply under HSN Code 8707.
Case-Laws
GST
Nature of supply – The activity of fabrication and fitting and mountin

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Unredeemed payback points are taxable under GST as consideration for services rendered by the issuer.

Unredeemed payback points are taxable under GST as consideration for services rendered by the issuer.
Case-Laws
GST
The value of points forfeited of the applicant on which money had been paid by the issuer of points on account of failure of the end customers to redeem the payback points within their validity period would amount to consideration received in lieu of services being provided by LSRPL to its clients – liable to GST.
TMI Updates – Highlights, quick notes, marquee, annotat

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Taxation Classification for Truck Mounted Cranes: Heading 8705 Applies to Cranes Mounted on Ashok Leyland, TATA Trucks.

Taxation Classification for Truck Mounted Cranes: Heading 8705 Applies to Cranes Mounted on Ashok Leyland, TATA Trucks.
Case-Laws
GST
Classification of goods – Truck Mounted Cranes (TMC) – The product manufactured/supplied by the applicant, which is resultant of mounting/fixing of crane on readymade trucks/lorries bought by them from truck/lorry manufacturers such as Ashok Leyland, TATA, etc. and known as truck mounted cranes (TMC), is classifiable under heading 8705.
TMI Updates –

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Lithium-Ion Batteries for Mobile Handsets: Classification Affects GST and Customs Duties Under Customs Tariff Act, 1985.

Lithium-Ion Batteries for Mobile Handsets: Classification Affects GST and Customs Duties Under Customs Tariff Act, 1985.
Case-Laws
GST
Classification of goods – Battery’ for Mobile Handset – Under which of the chapter headings of the Customs Tariff Act, 1985, the said product “battery for mobile handsets’’, which is lithium-ion battery would be covered? – To be classified according to its use and type of sale.
TMI Updates – Highlights, quick notes, marquee, annotation, news,

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Input tax credit on work

Input tax credit on work
Query (Issue) Started By: – Ajay Sahi Dated:- 23-7-2018 Last Reply Date:- 1-8-2018 Goods and Services Tax – GST
Got 13 Replies
GST
Sir
Can contractors claim input tax on materials purchased for contruction of govt building?
Reply By Alkesh Jani:
The Reply:
Sir,
As per section 17(5) (c) of the CGST Act, 2017, input tax credit shall not be available in respect of the works contract services when supplied for construction of an immovable property (other than plant and machinery) except where it is an input service for further supply of works contract service.
In my point of view ITC is not available, whether it is a Govt. Building or other immovable property.
Thanks
Reply By KASTURI SETHI:
The Reply

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le.
Reply By KASTURI SETHI:
The Reply:
………….. if contractor receives from sub-contractor. No other way out to avail ITC on material.
Reply By Himansu Sekhar:
The Reply:
Sir, kindly go through the minutes of 20th gst council meeting. Credit on materials is clarified there. In my view, there is no ground for denying the credit. Sec 17 has not put any bar also.
Reply By Alkesh Jani:
The Reply:
Sir,
I am thankful to our experts for expressing their valuable views. In this regards, I wish to add that here as per the query raised, the querist seems to be main contractor, further, the opening lines of Section 17 (5) clearly mentions “input tax credit shall not be available” the definition of “Input tax” is given at Section 2 (62) o

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e works contract services to the recepient when such services are used for construction of immovable property except plant and machineries.\
Such exception is not applicable to the Service provider because the materials are used for providing the services. The gross value attracts the GST.
Reply By Ajay Sahi:
The Reply:
Thanks to all for valuable input. Still as a contractor supplying the works contract service for contruction of govt building even if its immovable, ITC on purchases of materials to be utilized for the contruction can be availed as its for the furtherance of the business…
Reply By MUKUND THAKKAR:
The Reply:
ITC available in case of WCT is case of immovable property as per definition of works contract.2(119).
(iv) Wo

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GST Charcha: Whether Intermediary Services are export of Services?

GST Charcha: Whether Intermediary Services are export of Services?
By: – Bimal jain
Goods and Services Tax – GST
Dated:- 23-7-2018

GST Charcha: Whether Intermediary Services are export of Services?
Though, it has been a year since the implementation of GST, yet there are some problems which require immediate attention of the government to clarify, one of such dubious issue is 'place of supply' of intermediary services for the chargeability of GST.
It is a general trade practice for the Indian entities to provide intermediary services to the recipient located outside the Indian territory. This GST Charcha aims to determine whether the 'supply of services' by the intermediaries to the recipients located outside India amounts to export of services or not?
Intermediary services
Before proceeding with the issue at hand, it is important to understand the meaning of 'intermediary' first. Under Section 2(13) of IGST Act, 2017 (“IGST Act”), 'intermediary' has been defined to

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yet under the Act these terms have been put together under one umbrella of 'intermediary'.
Diagnosis of Section 13(8)(b) of the IGST Act
At the start, it must be clarified that the services provided by intermediaries located in India to the recipient located outside India in lieu of fee/commission charged for the said services amounts to 'supply' of services. Now, in order to determine whether the said transaction will be Export of Services and/ or an intra-state supply or inter-state supply, the 'place of supply' of such services must be determined.
Section 13 of IGST Act determines the place of supply of services where either the location of supplier or the location of recipient is outside India. Here, default Section 13(2) provides that the 'place of supply' shall be the 'location of the recipient' unless the services falls within the ambit of specified sections from 13(3) to 13(13) of the IGST Act.
In pursuance of Section 13(8)(b) of the IGST Act, the place of supply in case of

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has been received by the supplier of service in convertible foreign exchange; and
(v) the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with Explanation 1 in section 8
Therefore, going by the strict interpretation of Section 13(8) of IGST Act, the supply of services by the Intermediaries to the recipients outside India are not export of services.
Recent Judicial Advance Ruling:
Global Reach Education Services Pvt. Ltd: In this case, the applicant was promoting the foreign university and was helping them in enrolling Indian students. In providing the promotional services, the promotional company was charging commission/fee from the foreign university. In this very case, the authorities found that the Indian representative was an intermediary acting as an independent representative. Citing Section 13(8)(b) of the IGST Act, the Hon'ble West Bengal Advance Ruling Authority ruled that the place of supply shall be th

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e and Stock Brokers Sector released by the Central Board of Indirect taxes and Customs, the query before department was whether the intermediary services provided by a banking company to its offshore account holders be treated as an intra-State supply or an inter-State supply for payment of GST?
The department answered citing Section 13(8)(b) of IGST Act and responded that “the place of supply of such services is the location of the provider of services. As the location of supplier and place of supply are in same State, such supplies will be treated as intra-State supply and Central tax and State tax or Union territory tax, as the case may be, will be payable.”
The clarification of the department makes it amply clear that the intermediary services provided to an offshore account holder shall be treated to be intra-state supply where the place of supply shall be location of the service provider. Now, the question is whether the said answer as given for this FAQ is correct?
Diagnosis

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T Act, 2017 shall make the said transaction as inter-state supply, which states that
“Supply of goods or services or both, –
……….
c) In the taxable territory, not being an intra-State supply and not covered elsewhere in this section,
shall be treated to be a supply of goods or services or both in the course of inter-State trade or commerce”.
Therefore, it may be safely concluded with conjoint reading of Sections 8(2) and 7(5)(c) of the IGST Act that intermediary services given to the recipient outside India by an intermediary in India is an Inter-State Supply.
Economics behind why intermediary services should be termed as export of services:
India has already established its name as one of the leaders in providing intermediary services to foreign recipients of prospective Indian customers. So, it is the responsibility of the government to encourage this major forex earning sector by making the international supply of the Indian intermediary services high

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action. When an Indian recipient imports services from the foreign intermediary service providers, then, this transaction would fall outside the GST ambit as location of supplier and place of supply i.e. location of supplier, both are outside India. Hence, no reverse charge will be applicable in hands of the Indian recipient of intermediary services. This logic also supports the contention of changing place of supply provisions for intermediary services from location of supplier to location of recipient.
Application of Section 13(8) of IGST Act is reducing the Indian forex reserves by making the imports tax free and exports taxable. For instance, when the supplier is in the foreign territory and the intermediary is also located in the foreign territory, but the location of the recipient is in the Indian Territory. Now, if the location of foreign intermediary service provider is made the place of supply, then this transaction will be kept outside the ambit of GST and the consequent tra

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GST Charcha: Compliances of E-Way Bill – Alarming Bells!!

GST Charcha: Compliances of E-Way Bill – Alarming Bells!!
By: – Bimal jain
Goods and Services Tax – GST
Dated:- 23-7-2018

GST Charcha: Compliances of E-Way Bill – Alarming Bells!!
Recently, a penalty of whopping INR 1.32 crores (approx.) imposed by the Hon'ble High Court (“HC”) of Madhya Pradesh on a transport company namely M/s Gati Kintetsu Express Pvt. Ltd. for non-filing of Part-B of E-Way Bill has created a situation of flux amongst the transporters as to what is the real essence of introducing E-Way Bill system in India – Is it really a system to check tax evasion or to confer arbitrary powers on authorities to impose heavy penalties in case of missing details for a technical fault even when apparently there is no ill intention to evade taxes.
This GST Charcha aims to draw attention on the troublesome open powers for detention and seizure of goods/conveyances in transit under Section 129 of the CGST Act, 2017 in the light of recent judgment of Madhya Pradesh H

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no., etc., to be filed before the delivery of goods by the transporter so that the conditions of validity of the movement of goods are met by the concerned parties.
Even E-way bill is mandatory for non-taxable supplies through delivery challan: Kerala HC in the case of Assistant State Tax Officer Vs. Indus Towers Ltd. [ 2018 (7) TMI 1181 – KERALA HIGH COURT ], has held that E-way bill mandatory for non-taxable supplies through delivery challan.
HC upholds INR 1.32 crore penalty for non-filing of E-Way Bill 'Part B' during inter-state transportation of goods
A matter arose before the Madhya Pradesh HC in the case of Gati Kintetsu Express Pvt. Ltd. Vs. Commissioner, Commercial Tax of MP & Ors [ 2018 (7) TMI 1097 – MADHYA PRADESH, HIGH COURT ], wherein a transport company was carrying consignment of goods from Pune to Noida via Indore where it was apprehended in Indore for not carrying along the requisite and properly filled up E-Way Bill. The transport company failed to fill

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ing to technical error with no intention to evade taxes to which the Court responded that no such grievance was uploaded on the GST grievance portal and hence such a plea cannot be availed by the petitioners for such non-compliance.
Gloomy fate of Section 129 powers:
With all due regards to the Hon'ble Madhya Pradesh HC, there does not seems any viable justification in imposing such harsh penalty on assessee for mere failure to fill Part B of E Way Bill. The fact that E-Way Bill was carried with the consignment and having all particulars duly filled in Part A of E-Way Bill, evasion of taxes cannot be assumed arbitrarily. It needs to be appreciated that the primary purpose for introducing E-Way Bill is to track the movement of goods and ensure no tax evasion. But, when the petitioner has already discharged his liability of payment of tax, then imposing such a severe penalty is too harsh for a bona fide law-abiding citizen. Further, it is a settled proposition of fiscal jurisprudence t

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isions of GST Act and Rules made thereunder irrespective of there being any intent to evade taxes or not. Further, there is no provision which allows for releasing of goods without levying penalty once the proof of payment of appropriate tax is shown or a mere technical breach is shown. Furthermore, in Section 17(5)(i) of the CGST Act, there is specific denial of credit in the GST Regime for such tax paid under Section 129.
Fear looms large over the transportation industry of being met with the same fate for inadvertently non-filing of the information in Part B of the E-Way Bill. Resultantly, the All India Motor Transport Congress has initiated an indefinite pan-India transportation strike from July 20, 2018. The ongoing monsoon session of the Parliament should consider to appropriately amend Section 129 of the CGST Act, 2017 to restrict levying of penalties only in cases where there is intent to evade taxes.
Scholarly articles for knowledge sharing by authors, experts, profession

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RECENT ADVANCE RULINGS IN GST (PART-4)

RECENT ADVANCE RULINGS IN GST (PART-4)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 23-7-2018

Advance rulings are important in any tax law as it provides a forum for clarification and possible interpretation of statutory provisions. Moreover, it conveys the legislative intention from the revenue's view point. Provisions of advance ruling are contained in section 95 to 106 of CGST Act, 2017 and State / UT GST enactment. Rules 103 to 107 of also provide for forms, manner, certification etc.
The Authority for Advance Rulings (AAR) have been set up in all the states and we have now over 100 advance rulings on different issues already pronounced by various State Authorities. The orders of Appellate Authority have also started pouring in. A major issue presently being faced is about multiple authorities (equal to number of States), each pronouncing a ruling of its own even if the matter is covered by some other State AAR's rulings. There would be situations

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foreign university are not covered under export of services and are taxable services under GST. Such services are provided only as a representative of foreign university and not as an independent service provider. Therefore, place of supply shall be governed by section 13(8) (b) and not by section 13(2) of IGST Act. Place of supply of services shall be the location of service provider in India and it will not qualify as 'export' of service. [Global Reach Education Services Pvt. Ltd., In re. (2018) 4 TMI 808 (AAR, West Bengal); ]
Advance Ruling on applicability of GST on recovering charges
Applicant is engaged in business of generation, transmission and distribution of electricity which calls for laying and maintenance of power lines and other incidental work which require digging up of trenches. The Municipal Authorities grant the needful permissions, however, subject to charges for restoring the street or pavement which has been dug up. Thus, charges are recovered by the Municipal A

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l not be not liable to be registered in accordance with provisions under section 23(1) of GST Act, subject to condition that applicant is not otherwise liable to pay tax under Reverse Charge mechanism under section 9(3) of GST Act or section 5(3) of IGST Act. [In Re; Joint Plant Committee (2018) 67 GST 262 (AAR- West Bengal); (2018) 4 TMI 809 (AAR-West Bengal) ; ].
Advance Ruling on catering services to manufacturing industries
The applicant is an industrial canteen contractor who provides catering services to manufacturing industries at various places of their customers who have in house canteens at their factories. The applicant normally charges Goods & Services Tax at the rate of 18% classifying their services under heading 9963 as outdoor catering. One of the customer of the applicant asked the applicant to charge GST at the rate of 12%. The applicant therefore, sought a clarification regarding the rate of taxability, before the AAR.
The applicant submitted that as per the contr

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ces Tax Act, 2017 and Notification No. 11/2017-State Tax (Rate) dated 30.06.2017, as amended, issued under the Gujarat Goods and Services Tax Act, 2017, attracting Goods and Service Tax at the rate 18%. [In Re; Rashmi Hospitality Services Private Limited (2018) 5 TMI 1181 (AAR – Gujarat); ].
Advance Ruling on classification and rate of tax
Tariff item 83062120 covers "Trophies". This would be trophies of base metal and not of any other material. Mere mention of word "trophies" would not mean that trophies of any material would be covered by Heading. Chapter 83 is for miscellaneous articles of base metal. Hence, Heading 8306 falling in Chapter 83 would have to be understood in that sense only. Therefore, even though word 'TROPHY' is specifically mentioned under 83062920, all trophies made of any material cannot be classified under this HSN and are to be classified as per applicable provisions of Customs Tariff Headings.
Caesarstone which is original engineered qua

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CEE PEE Marble & Granite Versus GST Council

CEE PEE Marble & Granite Versus GST Council
GST
2018 (7) TMI 1746 – KERLA HIGH COURT – 2018 (15) G. S. T. L. 648 (Ker.)
KERLA HIGH COURT – HC
Dated:- 23-7-2018
W. P. (C). No. 24610 of 2018
GST
MR. DAMA SESHADRI NAIDU J.
Petitioner: by Advs. Sri. Anil D. Nair Sri. R. Sreejith Kum. Mekhala M. Benny Sri. Achyut K Padmaraj
Respondent: R1 & R2 By Adv. Sri. N. Nagaresh, Assistant Solicitor General Of India
R3 & R4 BY government Pleader Dr. Thushara James
JUDGMENT
The petitioner was a registered dealer under the Kerala Value Added Tax Act, now migrated to the Goods and Services Tax regime. To use the input tax available to his credit at the time of migration, the petitioner had to upload FORM GST TRAN-1 within the stipul

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er to address the problem a taxpayer faces due to glitches, if any, in the Common Portal. This would be publicized adequately.
5.2 Taxpayers shall make an application to the field officers or the nodal officers where there was a demonstrable glitch on the Common Portal in relation to an identified issue, due to which the due process as envisaged in law could not be completed on the Common Portal.
5.3 Such an application shall enclose evidences as may be needed for an identified issue to establish bona fide attempt on the part of the taxpayer to comply with the due process of law.
5.4 These applications shall be collated by the nodal officer and forwarded to GSTN who would on receipt of application examine the same. GSTN shall after verif

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M/s. Sah Polymers Ltd. Versus CE & GST, Jaipur

M/s. Sah Polymers Ltd. Versus CE & GST, Jaipur
Central Excise
2018 (8) TMI 164 – CESTAT NEW DELHI – TMI
CESTAT NEW DELHI – AT
Dated:- 23-7-2018
Excise Appeal No. 50900 of 2018 – A/52624/2018-EX[DB]
Central Excise
Hon'ble Mr. Anil Choudhary, Member (Judicial) And Hon'ble Mr. C L Mahar, Member (Technical)
Shri G K Sarkar, Shr Prashan Srivastava, Advocates for the Appellants
Ms Tamana Aalam, AR for the Respondent
ORDER
Per : Anil Choudhary
The present appeals have been filed against the above mentioned Order-in-Appeal.
2. The brief facts of the case are that the appellants have established their factories in the State of Rajasthan and were operating under Rajasthan Investment Promotion Scheme which was notified by the Government of Rajasthan with the objective of facilitating investment in the establishment of new enterprises under the various schemes of Rajasthan Government. The appellants (assessees) were eligible for subsidies as per the various schemes appli

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rma, Ld DR for the Revenue.
4. After hearing both sides and on perusal of record, it appears that the identical issue has come up before the Tribunal in the case of Shree Cements Ltd. V/s CCE, Alwar 2018-TIOL-748-CESTAT-DEL where it was observed that:-
7. We have heard both sides at length and perused the appeal record. As out lined above, the appellants are covered by the Investment Promotion Schemes of the Rajasthan Government. In terms of the various schemes of the Rajasthan Government, the appellants are required to discharge their VAT liability by making payment of the same. Out of such VAT credited to the Government, a certain portion is disbursed back to them in the form of subsidies. Such disbursement happens in the form of VAT 37 B, challan which can be utilized in subsequent periods to discharge VAT liability. The crux of the dispute in the present case is whether such subsidy amounts are required to be included in the assessable value of the goods manufactured by the appe

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e assessee. The Tribunal held that such subsidy amounts are not required to the included in the transaction value.
9. In the present case we know that for the initial period the assessees are required to remit the VAT recovered by them at the time of sale of the goods manufactured. A part of such VAT is given back to them in the form of subsidy in Challan 37 B. Such Challans are as good as cash but can be used only for payment of VAT in the subsequent period. In terms of the scheme of the Government of Rajasthan payment of VAT using such Challan are considered legal payments of tax. In view of the above, Revenue is not correct in taking the view that VAT liability discharged by utilizing such subsidy challans cannot be taken as VAT actually paid.
10. It is pertinent to reproduce the observations of the Tribunal in the Welspun Corporation Ltd. case
“5.1 The Respondent company opted for “Remission of Tax Scheme” and was thus eligible for the Capital subsidy in the form of remission

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M/s. Birla Corporation Ltd. Versus CGST, CC & CE, Udaipur.

M/s. Birla Corporation Ltd. Versus CGST, CC & CE, Udaipur.
Central Excise
2018 (8) TMI 448 – CESTAT DELHI – TMI
CESTAT DELHI – AT
Dated:- 23-7-2018
Excise Appeal No. 51278 /2018 – FINAL ORDER NO. 52625 /2018
Central Excise
Hon'ble Mr. Anil Choudhary, Member (Judicial) Hon'ble Mr. C L Mahar, Member (Technical)
For the Appellant- Shri Himanshu Bansal, Advocate
For the Respondent- Shri M R Sharma, AR
JUDGMENT
Per C L Mahar :
The issue involved in this appeal relates to objection by Revenue on taking of cenvat credit on the supplementary invoices, raised by M/s. South Eastern Coalfields Ltd., for supply of coal made to the appellant.
2. Coal is one of the important input of the appellant used in the manufacture of cement and cement clinker. The brief facts of the case are that the appellant are engaged in the manufacture of Cement Clinker and Cement falling under Chapter Heading No.25 of the first schedule of the Central Excise Tariff Act, 1985. They are availin

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no.77/CE/UDR/2016-17/ADC dated 04.01.2017 wherein Cenvat Credit was disallowed and ordered to recover the same along with interest and penalty. The said order of the adjudicating authority was upheld by the commissioner (A) vide order-in-appeal no 107(AG)/CE/JDR/2018 dated 16.02.2018.
4. Revenue issued another show cause notice on the ground that under the provisions of Rule 9(1)(b) of CCR 2004, the appellant is not entitled to the cenvat credit taken on the supplementary invoices as it appears that supplier/manufacturing company/SECL have short paid duty earlier and did not include the value of the clearances on stowing excise duty”, “paryavaran upkar”, “vikas upkar”, etc. received from buyers in connection with sale of coal in the transaction value at the time of issuing their original invoices to the noticee, but subsequently, they raised supplementary invoices to the noticee charging above mentioned amounts and charging central excise duty on the aforesaid amounts.
Such duty is

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ntions of both the sides, we take notice that this Tribunal in connected matter of South Eastern Coalfield Ltd. in Appeal No.52023-52026/2014-DB dated 3.4.2017 vide Final Order No.52723-52726/2017 dated 3.4.2017, taking notice of pendency of similar matter before the Hon'ble Supreme Court in the case of South Eastern Coal Fields Ltd. and ors. and also other cases, referred to in the above case, disposed of the appeal of the South Eastern Coal Fields Ltd., granting liberty to them to come again after having final verdict from the Hon'ble Supreme Court. Moreover, we are satisfied that there is no element of fraud and suppression on the part of the appellant. The issue herein is recurring in nature. Accordingly, we allow this appeal and hold that the appellant is entitled to take cenvat credit on the supplementary invoices in question. Thus, the appeal is allowed with consequential relief to the appellant.
(operative part of the order pronounced in the open Court)
Case laws, Decision

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Commissioner of Howrah CGST & C. Ex Commissionerate Versus M/s Walzen Strips (P) Ltd.

Commissioner of Howrah CGST & C. Ex Commissionerate Versus M/s Walzen Strips (P) Ltd.
Service Tax
2018 (8) TMI 492 – CESTAT KOLKATA – TMI
CESTAT KOLKATA – AT
Dated:- 23-7-2018
Appeal No.ST/75604/2018 – FO/76466/2018
Service Tax
Shri P.K. Choudhary, Member (Judicial)
Shri H.S. Abedink, AC(AR) for the Appellant/Applicant (s)
Shri N.K. Chowdhury, Advocate for the Respondent (s)
ORDER
Per Shri P.K. Choudhary
The show cause-cum-demand notice dated 12.04.2013 was issued to recover Rs. 20,53,252/- alongwith interest and imposition of penalty. The adjudicating authority confirmed the demand of service tax of Rs. 20,53,252- along with interest and imposed penalty on equal amount under Section 78 of the Finance Act, 1994. On appeal the ld. Commissioner (Appeals) set aside the adjudication order and allowed the appeal filed by the assessee. Hence, revenue is in appeal before the Tribunal.
2. Heard both sides and perused the appeal records.
3. It is the case of the Re

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five percent on the value of exempted service i.e. Rs. 4,10,65,033/- under Rule 6(3)(i) of the Rules. The appellant contended that the observation of the lower authority and stated that the alleged availing of credit on the inputs on Security Service, Courier Service, Labour Charges etc. were not common inputs and they did not avail any credit on input service related to road construction and hence they did not maintain separate accounts. They also contended that there is no evidence that they were availing any common input service for providing taxable service and exempted service and did not maintain separate accounts for the same.
6. On perusal of the records, I find that the department did not specify the exact service, on which they have taken credit and utilised and also failed to provide any evidence to prove that said services were common input service and had been used for providing both taxable and exempted service. From the findings in the O/O, I find that the lower autho

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investigation and without any basis of evidence when the appellant claims that they did not maintain separate ledger as no Cenvat Credit was taken being exempted service. It is also noticed from their submission that the appellant did not sub-let the work of road construction to any other sub-contractor but executed the work with their own labours. I find the lower authority failed to counter the reply of the appellant that they did not avail & utilise the Cenvat Credit on exempted service. I find that before raising such demand, proper investigation is required and in absence of any material facts with corroborative evidence, the same is not maintainable.
7. Further, the appellant M/s. Walzen Strips Pvt. Ltd. Submitted letter enclosing the certificate issued by Bothra Nirmal Associates, Chartered Accountants and certified that “We have checked and verified the books of accounts and other relevant paper and records of M/s. Walzen Strips Pvt. Ltd. Of P-250, CIT Road, Scheme-VI, Kolkat

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ords during the investigation, the appellant produced all the records, as demanded and the department did not raise objection towards non-submission of document. Hence, the appellant cannot be accused that they have suppressed the material facts to the department. I find that the fact of taking Cenvat Credit on common input service which was used for providing both taxable and exempted service for road construction was within the knowledge of the department from the statutory return as was filed as per provision of law. I find that they did not maintain separate register for providing service to M/s. Yash Infraroads Ltd. as no Cenvat Credit was taken on any input service being exempted service. I find the lower authority has failed to establish the suppression of fact on the part of the appellant with intent to evade payment of service tax by considering any evidentiary proof. So, the appellant cannot be held as guilty towards suppression or mis-statement of facts to evade tax. Accordi

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The Chhattisgarh Goods and Services Tax Rules, 2017

The Chhattisgarh Goods and Services Tax Rules, 2017
F-10-36/2018/CT/V (55) Dated:- 23-7-2018 Chhattisgarh SGST
GST – States
Chhattisgarh SGST
Chhattisgarh SGST
Commercial Tax Department
Mantralaya, Mahanadi Bhawan, Naya Raipur
Naya Raipur, Dated 23rd July, 2018
NOTIFICATION
No. F-10-36/2018/CT/V (55).-In exercise of the powers conferred by Section 164 of the Chhattisgarh Goods and Services Tax Act, 2017 (7 of 2017), the State Government hereby makes the following rules further to amend the Chhattisgarh Goods and Services Tax Rules, 2017, namely:-
1. In the Chhattisgarh Goods and Services Tax Rules, 2017, –
(i) in rule 109A. of sub-rule (1) in part(a), for the words “Commissioner (Appeal)”, the words “Additional Commissi

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NOTIFYING GOODS OF PERISHABLE OR HAZARDOUS NATURE UNDER SECTION 67(8) OF THE ANDHRA PRADESH GOODS AND SERVICES TAX ACT, 2018

NOTIFYING GOODS OF PERISHABLE OR HAZARDOUS NATURE UNDER SECTION 67(8) OF THE ANDHRA PRADESH GOODS AND SERVICES TAX ACT, 2018
G.O.Ms.No. 392 Dated:- 23-7-2018 Andhra Pradesh SGST
GST – States
Andhra Pradesh SGST
Andhra Pradesh SGST
REVENUE DEPARTMENT
(COMMERCIAL TAXES-II)
THE ANDHRA PRADESH GOODS AND SERVICES TAX ACT, 2017 (ACT NO. 16 OF 2017) – NOTIFYING GOODS OF PERISHABLE OR HAZARDOUS NATURE UNDER SECTION 67(8) OF THE ANDHRA PRADESH GOODS AND SERVICES TAX ACT, 2018.
[G.O.Ms.No.392, Revenue (Commercial Taxes-II), 23rd July, 2018.]
ORDER:
In exercise of the powers conferred by sub-section (8) of section 67 of the Andhra Pradesh Goods and Services Tax Act, 2017 (Act No.16 of 2017), the Government of Andhra Pradesh hereby

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ugs and psychotropic substances
10. Bulk drugs and chemicals falling under Section VI of the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975)
11. Pharmaceutical products falling within Chapter 30 of the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975)
12. Fireworks
13. Red Sander
14. Sandalwood
15. All taxable goods falling within Chapters 1 to 24 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
16. All unclaimed/abandoned goods which are liable to rapid depreciation in value on account of fast change in technology or new models etc.
17. Any goods seized by the proper officer under section 67 of the said Act, which are to be provisionally released under sub-section (6) of section 67 of the s

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The Andhra Pradesh Goods and Services Tax (Twentieth Amendment) Rules, 2018.

The Andhra Pradesh Goods and Services Tax (Twentieth Amendment) Rules, 2018.
G.O.Ms.No. 393 Dated:- 23-7-2018 Andhra Pradesh SGST
GST – States
Andhra Pradesh SGST
Andhra Pradesh SGST
REVENUE DEPARTMENT
(COMMERCIAL TAXES-II)
[G.O.Ms.No. 393, Revenue (Commercial Taxes-II), 23rd July, 2018.]
NOTIFICATION
In exercise of the powers conferred by section 164 of the Andhra Pradesh Goods and Services Tax Act, 2017 (Act No.16 of 2017), the Government hereby make the following rules to amend the Andhra Pradesh Goods and Services Tax Rules, 2017, issued in G.O.Ms.No.227, Revenue (CT-II) Department, dated. 22-06-2017 as subsequently amended namely, –
(1) These rules may be called the Andhra Pradesh Goods and Services Tax (Twentieth

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ded that where the said transporter has obtained a unique common enrolment number, he shall not be eligible to use any of the Goods and Services Tax Identification Numbers for the purposes of the said Chapter XVI.”;
(ii). in rule 138C, after sub-rule (1), the following proviso shall be inserted, namely:-
“Provided that where the circumstances so warrant, the Chief Commissioner, or any other officer authorised by him, may, on sufficient cause being shown, extend the time for recording of the final report in Part B of FORM EWB-03, for a further period not exceeding three days.
Explanation.-The period of twenty four hours or, as the case may be, three days shall be counted from the midnight of the date on which the vehicle was intercepted.”

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