Goods and Services Tax

Case-Laws – GST – Highlights – Petition challenging assessment order set aside; case remanded to pass fresh order after considering discrepancies between GSTR-1, GSTR-3B, GSTR-2A/GSTR-9; petitioner directed to deposit 10% of balance tax amount within 30 days; earlier dropped amount confirmed indicating non-application of mind. – 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 – Writ petition challenging show cause notice (SCN) and adjudication order attaching petitioner's bank account. SCN not uploaded in “view notices and orders” section of portal, violating principles of natural justice. Court held petitioner entitled to 30 days to respond to SCN u/s 73(8) of Act. Though SCN uploaded in “view additional notices and orders” section, confusion in identifying notices in pre-redesigned portal dashboard. Petitioner permitted to approach appellate authority. Attachment order quashed for lack of opportunity to respond. 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 – The High Court held that the petitioner's GST Registration should not be cancelled solely on the ground of non-response to the show cause notice. The petitioner must be allowed to file a response regarding the allegation of non-existence at its principal place of business. The petitioner can provide details on when it ceased operating from the principal place of business and evidence of the location from where it continued operations. The petition is disposed of with these directions. – 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 issued for cancellation of registration without detailed reasons. Held: Respondent authorities' approach commendable for complying with natural justice by giving opportunity before cancellation to avoid unnecessary litigation. Authorities directed to adhere to HC's 2022 directives, not issue show-cause notices without detailed reasons or cancel registration without assigning detailed reasons, failing which cost orders against erring officers who breach natural justice despite departmental Standard Operating Procedures. Petition disposed. – 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 – Input tax credit eligibility on renting commercial property deemed inadmissible as the matter is sub judice before the Supreme Court. Applicability of reverse charge mechanism on inward freight held inadmissible due to the issue already decided in prior proceedings, invoking Section 98(2) proviso of CGST Act. Query regarding setting off input and output tax for multiple businesses under same GST number held outside Section 97(2) purview, hence cannot be answered by the Authority. – 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 – Supply of Security services to Bruhat Bengaluru Mahanagara Palike (BBMP) are not exempt from GST as they do not qualify as activities related to functions entrusted to a Panchayat under Article 243G or Municipality under Article 243W of the Constitution. The Advance Ruling Authority held that obtaining security services on an outsourced basis from a security agency does not fall under the purview of pure services listed in the 12th and 11th schedules of the respective constitutional articles, thereby attracting GST liability. – 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 applicant provides pure services to the State Government by way of activities related to functions entrusted to a Panchayat under Article 243G of the Constitution. These pure services provided to the State Government are exempted from GST as per Entry No. 3 of Notification No. 12/2017-Central Tax (Rate), dated 28th June 2017. The rent received from the Department of Social Welfare for rendering such services is not taxable under GST. – 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 – Recovery of joining bonus, retention bonus, work from home one-time setup allowance, and tuition assistance program expenses by an employer from employees who voluntarily exit before serving the pre-agreed period is not taxable under GST. These are considered perquisites provided by the employer as per contractual agreement and their recovery is akin to forfeiture of salary or recovery of bond amount, which is not taxable under GST as per Circular No. 178/10/2022-GST. The intention behind such bonus/allowance is to incentivize and motivate employees to remain in the organization. The recovery of these amounts is not a supply of service and hence not taxable under GST. – 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 – Professional services for assistance in filing corporate tax returns provided to BWSSB do not qualify as exempt supply under SI No. 3 (chapter 99) of Notification 12/2017-Central Tax (Rate) dated 28 June 2017. BWSSB is not a Local Authority as its members are appointed by State Government, not elected through direct elections. BWSSB is neither State Government nor Local Authority, failing the first condition. The services are not provided in relation to functions entrusted to Panchayat or Municipality under Articles 243G or 243W of Constitution, failing the second condition. Hence, the services are not exempt under the said notification. – 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 – Profiteering established by increasing base prices of movie tickets despite GST rate reduction from 28% to 18% for admission tickets above Rs. 100, contravening Section 171 of CGST Act. Respondent failed to pass on benefit of Rs. 88,67,790/- to customers from 01.01.2019 to 30.04.2020. Directed to reduce ticket prices commensurately and deposit profiteered amount with interest at 18% in equal parts in Central and State Consumer Welfare Funds within 3 months, failing which to be recovered as per GST Act. Penalty imposed for denying rate reduction benefit from 01.01.2020 onwards, constituting offence u/s 171(3A) of CGST Act. – 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:- 9-7-2024 – News – Attention: Increase in size of documents upload in Principal Place of Business and Additional Place of Business for New Registration and Amendment Dated:- 9-7-2024 – Dear Taxpayer, GSTN is pleased to inform that changes have been made in size of document upload in Principal Place of Business and Additional Place of Business for New Registration and Amendment catering to the grievances received in the matter from trade. Taxpayer can now up

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Case-Laws – GST – Highlights – Regarding processing of manual refund application, it is held that when genuine issues arise, the Department should adopt a liberal approach, particularly considering that no party would intentionally delay or fail to file refund application in the portal when substantial refund amount is due. The Department should avoid unwarranted litigation on such issues and make the system more assessee-friendly, fostering Revenue's interest in tax collection. In the given case, technicalities should not impede the assessee. The petition is 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 – Principles of natural justice violated as petitioner unaware of notices preceding impugned order. Court granted partial relief, quashed impugned order, and remitted case to respondent for fresh orders considering amounts recovered pursuant to attachment. Impugned order treated as addendum to show cause 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 – The fusible interlining fabric of cotton is not correctly classifiable under Heading 5903 of Chapter 59 of the Customs Tariff Act, 1975. The Heading 5903 applies only to fabrics where impregnation, coating, or covering cannot be seen with the naked eye. The fabric manufactured by the petitioner is partially coated, and the plastic coated pattern is visible on one side. As per the Atira's test report and Chapter Note 2(a)(4) of Chapter 59, such partially covered fabrics fall under Chapters 50 to 55, 58, or 60, not Chapter 59 Heading 5903. The impugned order classifying the product under Heading 5903 is quashed, and the petition is allowed, classifying the product under Chapters 50 to 55, 58, or 60 of the GST Tariff. – 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 High Court held that the petitioners were entitled to refund of unutilized input tax credit (ITC) on zero-rated supplies. The only ground for denying refund by the appellate authority was that no balance was available in the electronic credit ledger when the petitioners became entitled to the refund, as the carried forward CENVAT credit from the earlier regime was approved later. This would be contrary to Section 140(1) of the CGST Act. Consequently, the orders denying refund were quashed, and the appeal 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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Case-Laws – GST – Highlights – Show cause notice lacked necessary details for denying transitional credit of Rs.14,05,211/-. Petitioner's reply not considered as it was submitted manually, not uploaded on portal, violating principles of natural justice. Impugned order treated as show cause notice. Respondent directed to issue supplementary reasons for denying transitional credit within two weeks, providing petitioner opportunity to contest tax demand. 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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Circulars – GST – States – Highlights – In cases of spectrum allocation where the telecom operator opts for deferred payment instalments as per the Frequency Assignment Letter (FAL) issued by Department of Telecommunications (DoT), it constitutes a continuous supply of services. The time of supply and GST payment liability arises when the instalment payments are due or made, whichever is earlier. For upfront full payment, GST is payable when the payment is made or due, whichever is earlier. Similar treatment applies to allocation of other natural resources by the government with deferred payment options, constituting continuous supply of services under GST 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 – The HC held that considering the declaration issued by Indian Oil Corporation Limited stating they had discharged GST liability under RCM on services availed from the appellant, the appellant would be entitled to take advantage of the same. The matter was remanded back to the original authority for re-adjudication considering this subsequent development. The HC observed that while issuing show-cause notice, the Assessing Officer had relied upon an Advance Ruling Authority decision which held that the activity in question was not covered under SAC 9991 and should be taxed at 18%. The orders of the Appellate and Original Authorities were set aside, and the matter was remanded to the Assessing Officer. The petition was 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 – Petitioner directed to file statutory appeal u/s 107 of TNGST Act, 2017 before Appellate Deputy Commissioner (Appeals), Tirunelveli within 30 days from receipt of order regarding wrong credit entry rectified in GSTR 3B for May 2019. Appellate Authority to consider appeal on merits without limitation and dispose within 5 months after pre-deposit of amount by petitioner as per Section 107. Petition dismissed. – 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 – Petitioner availed fake input tax credit through bogus billing, generating fake sale invoices. Provisional attachment of movable properties in addition to immovable properties already attached was ordered u/s 83 to protect government revenue interest. Authority formed opinion based on material that petitioner's immovable properties were insufficient to cover likely demand exceeding Rs. 76 crore arising from fraudulent invoices and input tax credit utilization. No harassment found in provisional attachment of movable properties during pendency of investigation to safeguard revenue interest. Petition dismissed by High Court. – 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 – Minor error in e-way bill relating to vehicle number, goods detained citing invalid e-way bill. HC held detention unjustified as circular permits imposing penalty of Rs. 500/1,000 for minor errors like vehicle number mismatch. Tax and equal penalty demand of Rs. 18.75 lakhs quashed, being without jurisdiction. Appeal 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 – Un-denatured Extra Neutral Alcohol was subjected to GST levy. Respondent issued show-cause notice to petitioner, allowing opportunity for written explanation and personal hearing. Petitioner approached court seeking quashing of notice without submitting explanation. Supreme Court disapproved approaching courts against show-cause notices without exhausting remedies. Petition dismissed as not maintainable for failure to avail opportunity for written explanation. – 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 regarding maintainability, levy of GST on network/wheeling charges, cross-subsidy surcharge, additional surcharge, and fees and charges related to electricity distribution services was not admitted u/s 98(2) of CGST/TNGST Act, 2017 insofar as it relates to taxability of services. Applicant's argument regarding interpretation of “applicant” was rejected. Clarification provided on internal mechanism of “call book” and its non-applicability in this case. Application disposed of by not admitting it for services in question as per Section 98(2) of CGST Act, 2017. – 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 – Effluent water undergoes reverse osmosis treatment, reducing total dissolved solids from 7932 mg/l to 148 mg/l, making it suitable for dyeing industry usage. Treated water, though demineralized, retains meagre salts intentionally to meet dyeing requirements and zero liquid discharge compliance. It does not qualify for exemption under Serial No. 99 of Notification No. 2/2017-CT (Rate). Despite substantial mineral removal, residual salts preclude classification as distilled or conductivity water under heading 2853 90 10. The demineralized water, retaining ordinary water characteristics, falls under CTH 2201 and entry of Schedule-III of Notification No. 01/2017-CT (Rate). – 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 – In case of upward price revision, a registered person will issue a supplementary invoice or debit notes within 30 days, and such revision shall be treated as supply under the GST Act, with tax payable. The applicant had entered into a contract for renting immovable property services and intends to revise the price upwards, issuing supplementary invoices. The collection of increased rents for the past period from 01.09.2005 to 30.06.2017 shall be treated as “supply” under GST, and the entire increased rent amount of Rs. 1,60,42,203/- for the period from 01.09.2005 to 31.08.2022 shall be liable to GST under CGST/TNGST Acts, 2017. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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