Padmavati Enterprise, Abicor and Binzel Technoweld Pvt. Ltd., Draeger Safety India Private Limited, AGS Transact Technologies Limited, M/s. Arihant Vatika Realty Private Ltd., M/s. Arihant Abode Limited, M/s. Arihant Aashiyana Pvt. Limited, M/s.

Padmavati Enterprise, Abicor and Binzel Technoweld Pvt. Ltd., Draeger Safety India Private Limited, AGS Transact Technologies Limited, M/s. Arihant Vatika Realty Private Ltd., M/s. Arihant Abode Limited, M/s. Arihant Aashiyana Pvt. Limited, M/s. Arihant Superstructures Limited, Sigma Electric Manufacturing Corporation Pvt. Ltd. Versus The Union of India & Anr.
GST
2018 (4) TMI 1546 – BOMBAY HIGH COURT – 2018 (16) G. S. T. L. 596 (Bom.)
BOMBAY HIGH COURT – HC
Dated:- 24-4-2018
Writ Petition (L) No. 424 of 2018, With Civil Writ Petition (ST. ) No. 2230 of 2018, 3695 of 2018, 3953 of 2018, 4584 of 2018, 4604 of 2018, 4613 of 2018, 4615, 5092 of 2018,
GST
S.C. DHARMADHIKARI & SMT. ANUJA PRABHUDESSAI, JJ.
→ WPL 424/2018 :Mr. Vinayak Patkar a/w. Mr. Ishaan Patkar, Mr. Shashank Dhond, Ms. Sneha Raut i/b. Roshni Naik for the petitioner. Mr. Anil Singh, Addl. Solicitor General a/w. Mr. Pradeep S. Jetly and Mr. Jitendra B. Mishra for the respondents.
→ WPST 2230

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IT related glitch would be a grievance definitely looked into and is being looked into by Grievance Redressal Committee. In his affidavit, he has indicated as to how Nodal Officers have been appointed in terms of several circulars, copies of which are at Exhibits 'A', 'B' and 'C' to this petition. The tax payers can make an application to the Field Officers or the Nodal Officers where there was a demonstrable glitch on the common portal (GST portal) in relation to an identified issue due to which the tax payer could not comply with the provisions of law. The Nodal Officer, upon receipt of such an application, even online but with some proof or evidence therewith, would definitely look into the same and take the remedial steps. He would forward it to the GST network. Though, the Nodal Officer would give a formal acknowledgement, even online, beyond this he would not assist the applicant so as to enable the tax payer / applicant to make a record for himself and th

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and would not delay the tax collection.
5. The Additional Solicitor General, after speaking to the officers present in Court, stated that presently there is nothing which has been evovled as a time frame within which the grievance raised before the Nodal Officer could be finally resolved and determined.
6. In relation to both these matters, we feel that this Court ought not be flooded with writ petitions and particularly more in number than what is already on our file. We find that in today's affidavit it is indicated that the tax payers shall complete the process of filing of TRAN-1 stuck due to IT related glitches by 30th April, 2018 and the process of complete filing of GSTR3B which could not be filed for such TRAN-1 shall be completed by 31st May, 2018.
7. We are not disturbing the date which has been determined for filing of GSTR-3B for that is prescribed as 31st May, 2018. Presently that is adequate and sufficient for redressing the grievance of all those who could not acc

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chnical glitches or a Information Technology related matter which prevented them from accessing the system earlier. This is not a facility which could be availed of for any other reason and not attributable to such glitches or system faults / errors. We accept and endorse this stand of the respondents. The writ petitions in which the complaint was that the petitioners could not access the system on account of no fault of theirs but due to the technical glitches / IT related glitches are disposed of in these terms. We clarify that our order and direction are not a expression of opinion on the legal or other factual issues related to the returns. If the return is in any way otherwise deficient or defective in the opinion of the revenue, but not so in the submission of the assessee, then, such issues have to be resolved independently and on their own merits. Their outcome shall not be influenced by our directions. In other words, whether strict or substantial compliance is contemplated in

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Rescinds the Notification issued vide F. No.3240/CTD/GST/2018/2 dated the 29th March, 2018.

Rescinds the Notification issued vide F. No.3240/CTD/GST/2018/2 dated the 29th March, 2018.
F.No. 3240/CTD/GST/2018/3 Dated:- 24-4-2018 Puducherry SGST
GST – States
Puducherry SGST
Puducherry SGST
F.No. 3240/CTD/GST/2018/3
GOVERNMENT OF PUDUCHERRY
COMMERCIAL TAXES DEPARTMENT
Puducherry, the 24th April, 2018
NOTIFICATION
Sub: Puducherry Goods and Services Tax Act, 2017 – Withdrawal of exemption given to intra-State movement of goods from generation of e-way bill – Reg.
In exe

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M/s. Sunbeam Auto Pvt. Ltd. Versus Commissioner of Central GST & Excise, Alwar

M/s. Sunbeam Auto Pvt. Ltd. Versus Commissioner of Central GST & Excise, Alwar
Central Excise
2018 (4) TMI 1389 – CESTAT NEW DELHI – TMI
CESTAT NEW DELHI – AT
Dated:- 24-4-2018
Excise Appeal No. 50771 of 2018 SM – Final Order No. 51629 /2018-(SM)
Central Excise
Ms. Archana Wadhwa, Member (Judicial)
Ms Rinky Arora, Advocate for the Appellants
Shri H C Saini, AR for the Respondent
ORDER
Per Ms. Archana Wadhwa :
After hearing both the sides, I find that the appellants, who is engaged in the manufacture of Auto parts, availed cenvat credit of service tax of Rs. 18 lakh approx. paid in respect of services of Industrial Construction and Architect pertaining to construction of factory building, during the period 2011-2012 and 2012-2013. A part of the credit amount around Rs. 15,000/- relate to repair and maintenance of drains lying outside the factory premises.
2. Inasmuch as in the year 2011, the construction services were excluded from the definition of input ser

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repair and maintenance services, she submits that there is no  exclusion of the said service and even if they are availed outside the factory premises but within the industrial area, credit would be admissible. She also referred to various decision in support of her contentions.
4. Learned AR appearing for the Revenue reiterates the grounds of rejection adopted by Commissioner (Appeals) and submits that in absence of details of services, in respect of which the credit has been availed, it is not possible for the Revenue to know about the said services, in which case, the extended period would be available to the Revenue. However, on being asked as to whether there is any provision in the law requiring the assessee to give the details of input services, he fairly agreed that no provision of law requires them to do so.
5. Inasmuch as the entire demand is barred by limitation, I propose to dispose of the appeal on the said issue. Admittedly, the show cause notice stand issued by i

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respect of which the credit was availed has not been reflected in ER 1 return and no document/ invoices stand given by the assessee. However, as is seen from the above observations of the appellate authority himself, no documents are required to be submitted by the assessee after 1996. If there is no legal obligation on the part of the assessee to do a particular act, non observation of that procedure / act cannot be held to be violative of law. If the law does not require documents / invoices, non submission of the same by an assessee is in accordance with the law and cannot be held to be a suppression or mis-statement, with an intent to evade payment of duty, thus  justifying the invocation of longer period of limitation.
7. Reference in this regard, can be made to Tribunal's decision in the case of Bajaj Hindustan Ltd. vs. CCE, Meerut I [2014 (33) STR 305 (Tri-Del)] wherein it was observed as under:-
7. Apart from allowing the appeals on merits, I also note that demands sta

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In the absence of the same, assessee cannot be held guilty of any mala fide. As such, I hold that the entire demand having been raised after the normal period of limitation is time barred.”
8. Apart from the above, the Hon'ble Allahabad High Court in the case of Commissioner of Central Excise, NOIDA vs. Accurate Chemical Industries [2014 (310) ELT 441 (All)] has also observed that the short payment detected by audit team when the assessee has duly filed the ER 1 return on a monthly basis, cannot be considered to be a malafide and the Range Officer were required to carry out a detailed scrutiny of ER 1 returns and if the same would have been done, short payment would have been detected. In such a scenario, the Hon'ble High Court observed that there was no malafide intent and extended period was not available.
9. Identical are the facts in the present case also. The appellant have admittedly filed ER 1 returns declaring the quantum of credit availed by them and the Revenue had not take

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Refund of ITC on capital goods in case of export of services under cover of LUT

Refund of ITC on capital goods in case of export of services under cover of LUT
Query (Issue) Started By: – Archna Gupta Dated:- 23-4-2018 Last Reply Date:- 10-1-2019 Goods and Services Tax – GST
Got 7 Replies
GST
Dear experts
One company is in business of export of services (no domestic supplies). initially it exported services on payment of IGST. It utilised ITC at the time of payment of IGST on export of services. Later it applied for LUT and after that all supplies were done under LUT without payment of IGST. Since then it has huge balance of ITC in its credit ledger. ITC includes ITC on Inputs, Input services and capital goods (approx 40 lacs). As per Rule 89, the company can claim refund of ITC on Inputs and input servic

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fore you have to take up the matter with authorities concerned.
Reply By Alkesh Jani:
The Reply:
Sir/Madam,
In my point of view, you can file refund claim under Rule 89(3) of CGST Rules, 2017 read with Section 54 (1) of GST Act,2017. However, till date the same is not available on portal but may be in future.
Our experts may correct me if mistaken.
Reply By Archna Gupta:
The Reply:
Dear Alkesh ji
Under Rule 89 in case of export we can claim refund of unutilised ITC on Inputs and input services only and not on capital goods.
Reply By Alkesh Jani:
The Reply:
Sir/Madam,
For more clarity let me reproduced the relevant rules of CGST Rules:-
"89 (1) Any person, except the persons covered under notification issued under section 55,

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Roll – out of e-Way Bill system for I ntra-State movement of goods in the States / Union Territory of Arunachal Pradesh, Madhya Pradesh, Meghalaya, Sikkim and Puducherry from 25th April, 2018

Roll – out of e-Way Bill system for I ntra-State movement of goods in the States / Union Territory of Arunachal Pradesh, Madhya Pradesh, Meghalaya, Sikkim and Puducherry from 25th April, 2018
GST
Dated:- 23-4-2018

As per the decision of the GST Council, e-Way Bill system for ​I​nter-State movement of goods has been rolled​-​out from 01st April, 2018. As on 20th April, 2018, e-Way Bill system for ​Intra-State movement of goods has been rolled-out in the States of Andhra Pradesh, Bihar, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Telangana, Tripura, Uttarakhand and Uttar Pradesh. E-Way Bills are getting generated successfully and till 22ndApril, 2018 more than one crore eighty

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E-way Bill Required for “Bill To Ship To” Model Under GST: Key for Compliance and Tracking Goods Movement.

E-way Bill Required for “Bill To Ship To” Model Under GST: Key for Compliance and Tracking Goods Movement.
News
GST
Procedure to issue E-way Bill – “Bill To Ship To” model under GST
TMI U

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Issues regarding “Bill To Ship To” for e-Way Bill under CGST Rules, 2017

Issues regarding “Bill To Ship To” for e-Way Bill under CGST Rules, 2017
GST
Dated:- 23-4-2018

A number of representations have been received seeking clarifications in relation to requirement of e-Way Bill for “Bill To Ship To” model of supplies. In a typical “Bill To Ship To” model of supply, there are three persons involved in a transaction, namely:
* 'A' is the person who has ordered 'B' to send goods directly to 'C'.
* 'B' is the person who is sending goods directly to 'C' on behalf of 'A'.
* 'C' is the recipient of goods.
2. In this complete scenario two supplies are involved and accordingly two tax invoices are required to be issued:
* Invoice -1, which would be issued by 'B' to 'A'.
* Invoice -2 which wou

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of 'A' are supposed to be filled.
4.
Ship to: 
In this field address of 'C' is supposed to be filled.
5.
Invoice Details:
Details of Invoice-1 are supposed to be filled
Case -2: Where e-Way Bill is generated by 'A', the following fields shall be filled in Part A of GST FORM EWB-01:
1.
Bill From:
In this field details of 'A' are supposed to be filled.
2.
Dispatch From:
This is the place from where goods are actually dispatched. It may be the principal or additional place of business of 'B'.
3.
Bill To:
In this field details of 'C' are supposed to be filled.
4.
Ship to: 
In this field address of 'C' is supposed to be filled.
5.
Invoice Details:
Details of Invoice-2 are supposed to be filled.
News – Pres

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Implication of GST on Lease Rent

Implication of GST on Lease Rent
Query (Issue) Started By: – Deepa Praveen Dated:- 23-4-2018 Last Reply Date:- 28-4-2018 Goods and Services Tax – GST
Got 2 Replies
GST
Facts:
ABC Medical Sciences is a Partnership Firm engaged in Health Care Services.
A new Company, PQR Healthcare Co Pvt. Ltd has been formed as a Private Limited Company , for the management of ABC Medical Sciences. All the partners of ABC Medical Science are either directors or major shareholders of the new company.
PQR Healthcare Co Pvt. Ltd is willing to enter into an agreement with ABC Medical Science whereby PQR Healthcare Co Pvt. Ltd shall takeover Plant & Machinery and Land of ABC Medical Science, having market value of ₹ 40 crores at a monthly le

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, as the monthly lease rent being charged is
₹ 1.50 Lakhs only, Can there be a chance of litigation in future with respect to value of supply?
Does acceptance of lease rent deposit of ₹ 20 crore which is nearly 50% of the market value of asset to be leased, justify the lower lease rent.
* Should ABC Medical Sciences go for GST registration , as the turnover of KIMS is only from Lease Rent which is less than threshold limit of ₹ 20 Lakhs?
Reply By Alkesh Jani:
The Reply:
Sir/Madam,
In my point of view, the reply is as follows:-
1. Deposit given in respect of the supply of goods or services or both shall not be considered as payment made for such supply unless the supplier applies such deposit as consideration for th

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E-way bill

E-way bill
Query (Issue) Started By: – MohanLal tiwari Dated:- 23-4-2018 Last Reply Date:- 29-4-2018 Goods and Services Tax – GST
Got 2 Replies
GST
Dear experts,
We have dispatched / removed consignments on 29th & 30th March but transporter has kept the same in their godown due to year end pressure and non availability of vehicles. Now transporting is dispatching the goods, please advise :
1. There was no compulsion of way bill up to 31st March, no way bill was generated by us.
2

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Wrong credit availed in Excise how to reverse the same in GST?

Wrong credit availed in Excise how to reverse the same in GST?
Query (Issue) Started By: – Yatin Bhopi Dated:- 23-4-2018 Last Reply Date:- 30-4-2018 Goods and Services Tax – GST
Got 6 Replies
GST
We have wrongly availed excise duty credit in the month of May 2017 and same has been reflected in May 17 ER-1. now we want to reverse the wrong credit.
I tried to reverse the credit in GSTR-3B in table 4, under column B, ITC reversed 2) Others. I inserted reversible amount in CGST column (since Trans Credit pertaining to excise and service tax had been reflected in CGST. but when I input figure in CGST, portal automatically posting the same figure in SGST column and not allowing to delete figures in SGST due to this reversible figure

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Composite Tax Dealer – Canteen

Composite Tax Dealer – Canteen
Query (Issue) Started By: – Praveen Nair Dated:- 23-4-2018 Last Reply Date:- 28-4-2018 Goods and Services Tax – GST
Got 3 Replies
GST
Dear Experts,
Kindly suggest whether Canteen Services Provider, an outside agency providing exclusive service to a factory – providing food to the employees, be registered as a Composite Tax Dealer?
Currently he is registered as a Outdoor Catering Service provider and charges GST at applicable rate.
Thanks
Pravin Nair
Reply By Alkesh Jani:
The Reply:
Sir, In this regards, my point of view is that, person supplying outdoor catering service cannot opt for composition scheme in terms of Section 10(2)(a) of the CGST Act,2017. This query is raised with regards to s

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Accept/Reject Material without E-Way Bill

Accept/Reject Material without E-Way Bill
Query (Issue) Started By: – Shankar Nayakar Dated:- 23-4-2018 Last Reply Date:- 28-4-2018 Goods and Services Tax – GST
Got 2 Replies
GST
Sir,
Now E-way bill is mandatory for Gujarat.
Suppose vendor sent material exceeding rs. 50,000, but he did not create and provide E-Way Biil.
In this scenario what should we do ?
can we accept the material with out E-Way bill or reject ?
Reply By Praveen Nair:
The Reply:
Dear Shankar,
* Moving goods without the cover of an invoice and E-way bill constitutes an offence and attracts a penalty of ₹ 10,000 or the tax sought to be evaded (whichever is greater). Hence, the bare minimum penalty that is levied for not complying the rules is &#83

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Court Orders First Respondent to Finish Goods Detention Adjudication Process in One Month After Judgment Receipt.

Court Orders First Respondent to Finish Goods Detention Adjudication Process in One Month After Judgment Receipt.
Case-Laws
GST
Detention of goods – first respondent directed to complete the

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Court Dismisses Petition on Goods Seizure; E-Way Bill Downloaded Four Days Post-Seizure on January 7, 2017.

Court Dismisses Petition on Goods Seizure; E-Way Bill Downloaded Four Days Post-Seizure on January 7, 2017.
Case-Laws
GST
Seizure of goods – E-Way Bill itself was downloaded on 07.01.2017 i.e

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LATEST AMENDMENTS TO CGST RULES

LATEST AMENDMENTS TO CGST RULES
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 23-4-2018

Vide Notification No. 21/2018-Central Tax, dated 18.04.2018 the Central Government made the amendments to the Central Goods and Services Tax Rules, 2017, which is called as 'Central Goods and Services Tax (Fourth Amendment) Rules, 2018.
Amendment to Rule 89
Rule 2(i) proposed to substitute new rule for Rule 89(5). The newly substituted rule provides that in case of refund on account of inverted duty structure, refund of input tax credit shall be granted as per the following formula-
Maximum Refund Amount = {(Turnover of inverted rate supply of goods and services) x Net
ITC / Adjusted Total turnover} – tax payable on such inverted rate
Supply of goods and services.
The explanation to the rules defines the expression 'Net ITC' and 'Adjusted Total Turnover'. The express 'Net ITC' means input tax credit availed on inputs during the relevant period other than

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scribed-
* the amount of duty of excise referred to in section 11B (2) or section 11C (2) orsection 11D (2);
* the amount of duty of customs referred to insection 27 (2) orsection 28A (2), orsection 28B(2) of the Customs Act, 1962;
* any income from investment of the amount credited to the Fund and any other monies received by the Central Government for the purposes of this Fund.
* the surplus amount referred to section 73A (6)of the Finance Act, 1994.
* Section 57 of CGST Act read with section 20 of IGST Act, 2017 – This section provides that the following shall be credited to the Consumer Welfare Fund-
* the amount referred to insection 54 (4);
* any income from investment of the amount credited to the Fund; and
* such other monies received by it,
Section 20 of IGST Act, 2017 provides that the provisions of CGST Act are applicable to IGST Act also.
* Section 21 of UTGST Act, 2017 – This section provides that the provisions of CGST Act are applicable to UTGST Act, 2

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ee
The provisions relating to the meeting of the Committee are as follows-
* The Committee shall meet as and when necessary, generally four times in a year.
* The Committee shall meet at such time and place as the Chairman or in his absence by the Vice Chairman.
* The meeting of the Committee shall be presided over by the Chairman or in his absence by the Vice Chairman.
* The meeting shall be called, after giving at least 10 days' notice in writing to every member.
* The notice of the meeting shall specify the place, date and hour of the meeting and shall contain statement of business to be transacted thereat.
* No proceedings shall be valid, unless it is presided over by the Chairman or Vice Chairman and attended by a minimum of three other members.
Powers of the Committee
The Committee shall have the following powers-
* to require any applicant to get registered with any authority as the Central Government may specify;
* to require any applicant to produce before i

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ng proper utilization of the grant;
* to reject an application placed before it on account of factual inconsistency or inaccuracy in material particulars;
* to recommend minimum financial assistance, by way of grant to an applicant, having regard to his financial status, and importance and utility of the nature of activity under pursuit, after ensuring that the financial assistance provided shall not be misutilized;
* to identify beneficial and safe sectors, where investments out of Fund may be made, and make recommendations accordingly;
* to relax conditions required for the period of engagement in consumer welfare activities of an applicant;
* to make guidelines for the management, and administration of the fund.
The Committee shall not consider an application, unless it has been required into, in material details and recommended for consideration accordingly, by the Member Secretary.
Who is an applicant?
The term 'applicant' means-
* the Central Government or State Go

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legal expenses incurred by him in a case instituted by him ina consumer dispute redressal agency.
Recommendations of the Committee
The Committee shall make recommendations-
* for making available grants to any applicant;
* for investment of money available in the Fund;
* for making available grants for reimbursing legal expenses incurred by a complainant, or class of complainants in a consumer dispute, after its final adjudication;
* for making available grants for any other purpose recommended by the Central Consumer Protection Council;
* for making available up to 50% of the funds credited to the Fund each year, for publicity/consumer awareness on GST, provided the availability of funds for consumer welfare activities of the Department of Consumer Affairs is not less than ₹ 25 crores per annum.
Amendment in Form GST ITC – 03
Rule 2(iii) substitutes a new instruction against the existing instruction after entry 5(e) of the ITC – 03. The newly substituted instructio

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M/s Ujala Marketing And 2 Others Versus Union of India And 3 Others

M/s Ujala Marketing And 2 Others Versus Union of India And 3 Others
GST
2019 (1) TMI 86 – ALLAHABAD HIGH COURT – 2019 (20) G. S. T. L. 7 (All.)
ALLAHABAD HIGH COURT – HC
Dated:- 23-4-2018
WRIT TAX No. – 683 of 2018
GST
Mr Krishna Murari And Mr Ashok Kumar, JJ.
For The Petitioner : Naveen Chandra Gupta
For The Respondent : A.S.G.I., C.S.C.
ORDER
Heard Sri N.C. Gupta, learned counsel for the petitioners and Sri Avinash Chandra Tripathi, learned standing counsel.
The instant writ petition has been filed by three petitioners who are situated at Delhi. The petitioners challenges the seizure order dated 12.4.2018 and the consequential penalty proceedings initiated under Section 129(3) of UPGST Act. The petitioners furt

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by the truck driver and further has reached to the conclusion that the goods mentioned in the invoices and G.Rs. are 'PARCHUN GOODS'. 'PARCHUN GOODS' means several kind of loose items booked for transportation without giving the details of the same in the accompanying documents. The respondent no.4 has noticed, from the perusal of the documents accompanying the goods, that the goods are imported from outside of the State of U.P. within the State of U.P. without complying the provisions of law as such he has reached to the conclusion that the goods are imported for the purposes of evasion of tax.
There are several disputed question of facts involved in the present writ petition and in our opinion the same can be appropriatel

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M/s. Solux Galfab (P) Ltd. Versus Commissioner of CGST & CX, Kolkata

M/s. Solux Galfab (P) Ltd. Versus Commissioner of CGST & CX, Kolkata
Central Excise
2018 (12) TMI 772 – CESTAT KOLKATA – TMI
CESTAT KOLKATA – AT
Dated:- 23-4-2018
Appeal No. E/75069/2018 – FO/76504/2018
Central Excise
SHRI P.K. CHOUDHARY, MEMBER (JUDICIAL)
Shri B. N. Chattopadhyay, Consultant for the Appellant (s)
Shri D. Halder, A. C. (A. R.) for the Revenue
ORDER
PER SHRI P.K. CHOUDHARY
The present appeal is filed by the appellant against the Order-in- Appeal No. 70/Kol-V/2017 dated 19.07.17 passed by Commissioner of CGST & CX (Appeal-I), Kolkata.
2. The appellant, M/s. Solux Galfab Pvt. Ltd are engaged in the manufacture of Communication Tower, Transmission Tower, Sub-station Structures & Component etc. cla

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ant appearing on behalf of the appellant Company submits that the Ld. Commissioner (Appeals) had fixed the date for personal hearings before him on 02/11/2016, 27/01/2017 & 24/02/2017. He further submits that on the earlier two dates, on the request of the appellants, adjournments were granted. But on the 3rd occasion i.e. on 24/02/2017 they sought for adjournment owing to unavoidable circumstances, which was rejected by the Commissioner (Appeals) and he proceeded to pass the impugned order ex-parte. Thus, the impugned order has been passed in violation of principles of the natural justice. Regarding the shortage of inputs, the Ld. Consultant submits that 52.570 MTs of MS Flat was sent to the job worker on 1/08/2011 and subsequently, after

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e shortage of inputs have been noticed. The Duty involved stands paid. Without further investigation, cryptic Show Cause Notice has been issued invoking the provision of Section 11AC. I notice that there is no evidence brought on record by the Department to substantiate that the goods found short were clandestinely removed. The manufacturer's obligation to account for the goods received as inputs and the finished good in stock Register is a statutory obligation, failure to do so clearly attracts the penalty provisions. However, no evidence has been relied upon by the Department justifying invocation of provision of Section 11 AC.
10. In view of the above, the demand ordered by the Adjudicating Authority is upheld. The challenge of the appe

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M/s Ankur Carrier Express Cargo Service Versus Union Of India And 3 Others

M/s Ankur Carrier Express Cargo Service Versus Union Of India And 3 Others
GST
2018 (9) TMI 1259 – ALLAHABAD HIGH COURT – 2018 (16) G. S. T. L. 354 (All.)
ALLAHABAD HIGH COURT – HC
Dated:- 23-4-2018
WRIT TAX No. – 648 of 2018
GST
Mr Krishna Murari And Mr Ashok Kumar, JJ.
For The Petitioner : Naveen Chandra Gupta
For The Respondent : A.S.G.I., C.S.C.
ORDER
Heard Sri Naveen Chandra Gupta, learned counsel for the petitioner and Sri A.C. Tripathi, learned counsel for the respondent.
The instant writ petition has been filed against the seizure order dated 30.03.2018 passed by respondent no.4, Assistant Commissioner, State Tax, Mobile Squad (Unit-6), Gautambudh Nagar, who has seized the goods and the vehicle of the petitioner who is the owner of the vehicle no. U.P.-13T-9197.
The facts of the case are that the petitioner is a proprietor and is engaged to transport the goods belongs to one M/s Ahuja Radio, 215 Okhla Industrial Estate, Phase-III, New Delhi. The sai

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petitioner at Ghaziabad, the bill and invoice of M/s Ahuja Radio for delivery at Ranchi, Jharkhand of branch M/s R.B. Electronics has been enclosed with the documents related to the goods to be delivered at Patna, Bihar.
The contention of the learned counsel for the petitioner is that it is nothing but bonafide mistake at the hands of the office personnel of the petitioner's company and due to the said error/mistake in the Transit Declaration Form-I (TDF-I) the details are similarly mentioned, however, the bilty no.226158 dated 27.03.2018 was correctly found for the transportation of 131 boxes to be delivered at Patna, Bihar.
The respondent no.4 has detained the goods of M/s Ahuja Radio and has passed the seizure order on 30.03.2018, under Section 129(1) of UPGST Act (hereinafter referred as 'the Act') on the ground that the goods against the bilty no. 226158 dated 27.03.2018 related to 131 boxes also accompanying the documents related to 81 boxes of the same party M/s Ah

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11 invoices were produced for verification as well as a Transit Declaration Form (TDF-1), whereas on inspection, it is noticed that the bill no. 226158 dated 27.03.2018 has been prepared for 131 boxes to be transported from Delhi to Patna, whereas the invoice enclosed along with the said goods related to 81 boxes also.
Based on the aforesaid reasoning, the impugned seizure order is passed.
We find substance in the submission of learned counsel for the petitioner that it is on account of human error, the invoice related to goods to be transported from Delhi to Jharkhand related to 81 boxes has been mistakenly handed over to the goods transported from Delhi to Patna. There is no finding recorded by the seizing authority that except the said mistake the transaction in question was not found bonafide. There is no requirement of TDF Form-I for the purpose of moment of goods through the State of U.P. The requirement of TDF-I is not essential after the introduction of UPGST/CGST laws. The

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IN RE : M/s MANIPAL ACADEMY FOR HIGHER EDUCATION

IN RE : M/s MANIPAL ACADEMY FOR HIGHER EDUCATION
GST
2018 (7) TMI 1491 – AUTHORITY FOR ADVANCE RULING – KARNATAKA – [2018] 2 GSTL (AAR) 107 (AAR)
AUTHORITY FOR ADVANCE RULING – KARNATAKA – AAR
Dated:- 23-4-2018
Advance Ruling No. KAR ADRG 08/2018
GST
Mr. Harish Dharnia, Member And Dr. Ravi Prasad M. P., Member
For The Represented : Sri Prashanth Bhat And Mrs. Nidhi Lukose, Chartered Accountants And Authorised Representatives
ORDER UNDER SUB-SECTION (4) OF SECTION 98 OF CENTRAL GOODS AND SERVICE TAX ACT, 2017 AND UNDER SUB-SECTION (4) OF SECTION 98 OF KARNATAKA GOODS AND SERVICES TAX ACT, 2017
M/s Manipal Academy for Higher Education, University Building, Madhav Nagar, Manipal, Udipi, Karnataka – 576 104. (herein aft

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sha Scheme” wherein the public shall be insured with insurance companies upon which they will be provided with certain facilities at concessional rates. The applicant shall be obliged to collect premium from the beneficiaries and pass on the same to the insurance companies for the provision of insurance services.
3. In view of the above, the Applicant has sought for Advance Ruling on the following question:
i. Whether collections made by the applicant under Manipal Arogya Suraksha Scheme from public on behalf of the insurance companies are liable to levy of tax considering the fact that the same are made merely as a collecting agent and the applicant is not engaged in provision of services ?
PERSONAL HEARING: / PROCEEDINGS HELD ON 09.02.

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application.
FINDINGS & DISCUSSION:
6. We have considered the submissions made by the Applicant in their application for advance ruling as well as the submissions made by Sri. Prashanth Bhat and Mrs. Nidhi Lukose, Chartered Accountants during the personal hearing. We also considered the issue/transaction(s) involved on which advance ruling is sought by the applicant, relevant facts of the transaction(s) involved, the applicant‟s understanding of rate of tax in respect of the transaction(s).
7. The Applicant requested to permit them to withdraw the application filed for advance ruling vide their letter dated 19.02.2018.
8. In view of the foregoing, we pass the following
RULING
The application filed by the Applicant for advance ru

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In Re : M/s. Manipal Academy For Higher Education

In Re : M/s. Manipal Academy For Higher Education
GST
2018 (6) TMI 1125 – AUTHORITY FOR ADVANCE RULINGS, KARNATAKA – [2018] 2 GSTL (AAR) 108 (AAR)
AUTHORITY FOR ADVANCE RULINGS, KARNATAKA – AAR
Dated:- 23-4-2018
Advance Ruling No. KAR ADRG 07/2018
GST
Mr. Harish Dharnia, Member And Dr. Ravi Prasad M. P., Member
For The Represented : Sri Prashanth Bhat And Mrs. Nidhi Lukose, Chartered Accountants And Authorised Representatives
RULING
M/s Manipal Academy for Higher Education, University Building, Madhav Nagar, Manipal, Udupi, Karnataka – 576 104. (herein after referred to as 'MAHE' / 'Applicant) having GSTIN number 29AAETM8695B1Z4, have filed an application, on 04.12.2017, for advance ruling under Section 97 of CGST

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ndidate will be required to pay pre-specified compensation to MAHE, that is linked to the course fee.
*  Discontinuance of course for any reason.
*  Candidate getting debarred from continuing with the course on disciplinary grounds.
*  Candidate does not join employment with MAHE / affiliated hospitals.
*  Candidate discontinues employment prior to expiry of 3 years from appointment.
*  Employment of the candidate gets terminated on disciplinary grounds prior to expiry of 3 years of employment.
3. In view of the above, the Applicant has sought for Advance Ruling on the following questions:
i. Whether the amount recovered from post graduate course candidates as compensation on certain contingencies, is l

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i. Prashanth Bhat and Mrs. Nidhi Lukose, Chartered Accountants, attended the personal hearing proceedings, held on 09.01.2018 and presented their submissions. The Applicant, vide their letter MAHE/TAX/GST-8/17-18 dated 19.02.2018, informed that they intend to withdraw the Advance Ruling Application and requested to permit them to withdraw the application.
FINDINGS & DISCUSSION:
6. We have considered the submissions made by the Applicant in their application for advance ruling as well as the submissions made by Sri. Prashanth Bhat and Mrs. Nidhi Lukose, Chartered Accountants during the personal hearing. We also considered the issue/transaction(s) involved on which advance ruling is sought by the applicant, relevant facts of the transaction

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Purti Power & Sugar Ltd Versus Commissioner of GST & Central Excise Nagpur

Purti Power & Sugar Ltd Versus Commissioner of GST & Central Excise Nagpur
Central Excise
2018 (6) TMI 979 – CESTAT MUMBAI – TMI
CESTAT MUMBAI – AT
Dated:- 23-4-2018
E/87772/2017 – A/86613 / 2018
Central Excise
Shri Ramesh Nair, Member (Judicial)
None for the appellant
Shri S J Sahu, Assistant Commissioner (AR) for respondent
ORDER
This appeal was filed by M/s Purti Power & Sugar Ltd only for waiver of penalty imposed under Section 11AC.
2. The fact of the case is that the appellant were manufacturing and clearing coal ash which was generated during the process of production of electricity which is classifiable under Chapter 26 of Central Excise Tariff Act, 1985 and attracts duty of 1/2%under Notification 1/2013-CE

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the order-in-original holding that as per judgment of Hon'ble Supreme Court in the case of Union of India v. Dharmendra Textile Processors [2008 (231) ELT 3 (SC) penalty imposed under Section 11AC cannot be reduced. Therefore, appellant is before us.
3. None appeared on behalf of appellant and Shri S J Sahu, Learned Authorised Representative appearing on behalf Revenue reiterates the findings of the impugned order.
4. I have carefully considered the submissions made by Learned Authorised Representative and perused the records. I find that this is not a case where the appellant has cleared the goods clandestinely. However, they were clearing the goods on payment of duty applying the wrong notification at the same time they were availing t

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Commissioner of Central GST Pune -I Versus ARI Healthcare Ltd

Commissioner of Central GST Pune -I Versus ARI Healthcare Ltd
Service Tax
2018 (6) TMI 522 – CESTAT MUMBAI – TMI
CESTAT MUMBAI – AT
Dated:- 23-4-2018
APPLICATION NO: ST/ROM-85295/2018 IN APPEAL NO: ST/87143/2017 – M/85461/2018
Service Tax
Shri Ramesh Nair, Member (Judicial)
Shri Dilip Shinde, Assistant Commissioner (AR) for applicant
Shri D H Nadkarni, Advocate for respondent
The ROM application filed by Revenue for rectification of order No. A/91624/2017 dated 05/12/2017 on the ground that the issue involved was of refund which was excluded from the litigation policy as per clause no. (c) of para 3 of the instruction F. No. 390/Misc./163/2010-JC dated 17th August 2011 dated 17/08/2011 read with instruction dated 1

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In Re : M/s Rajashri Foods Pvt. Ltd

In Re : M/s Rajashri Foods Pvt. Ltd
GST
2018 (5) TMI 1651 – AUTHORITY FOR ADVANCE RULING – KARNATAKA – 2018 (13) G. S. T. L. 221 (A. A. R. – GST), [2018] 2 GSTL (AAR) 109 (AAR)
AUTHORITY FOR ADVANCE RULING – KARNATAKA – AAR
Dated:- 23-4-2018
Advance Ruling No. KAR ADRG 06/2018
GST
Sri, Harish Dharnia, Member (Central Tax) and Dr. Ravi Prasad M.P. Member (State Tax)
ORDER UNDER SUB-SECTION (4) OF SECTION 98 OF CENTRAL GOODS AND SERVICE TAX ACT. 2017 AND UNDER SUB SECTION (4) OF SECTION 98 OF KARNATAKA GOODS AND SERVICES TAX ACT, 2017
M/s Rajashri Foods Private Ltd,, (hereinafter referred to as 'Applicant' holding GSTIN number 29AAACR6946B1ZC, having registered address at #17, Platform Road, Seshadripuram, Bengaluru – 560020 have Filed an application in form GST ARA-01 on 19,12.2017 seeking Advance Ruling under Section 97 of CGST Act, 2017, KGST Act, 2017 & IGST Act, 2017 read with Rule 104 of CGST Rules 2017 & KGST Rules 2017. They enclosed copy of challa

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ed.
PERSONAL HEARING PROCEEDINGS HELD ON 09.01.2018.
4. Sri S. Vishnu Murthy, Chartered Accountant and the authorised representative of the Applicant appeared and presented the case as follows
a. That the unit in question, which is intended to be sold, is an independent one and is Involved in the manufacture of animal feeds.
b. This unit has fixed assets in the form of land, building, plant and machinery and current assets in the form of inventory and receivables. It has also availed term loans from the bank for the purpose of setting up of the unit and working capital loans availed from the banks for meeting the working capital requirements. The unit has also liabilities in the form of sundry creditors and certain outstanding liabilities.
c. The proposed transaction of sale of unit as a whole involves transferring of all the assets to the purchaser and also taking over of all the liabilities by the purchaser.
FINDINGS & DISCUSSION:
5. We have considered the submissions made by

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f their application that they intend to sell one of their animal feed manufacturing units operational since 1990. Further it has been contended that this unit besides having fixed assets in the form of land, building, plant and machinery has current assets like receivables, inventory etc. Further the said unit is stated to have term loans availed from the banks for setting up of the unit and also working loans for working capital requirements. Furthermore the unit has sundry creditors as well as outstanding liabilities. It has been summarised that the transaction envisages the transfer of all assets to the buyer and the buyer shall also take over all the liabilities.
7.2 The aforesaid statement of facts conveys that the unit sought to be sold is a fully functional unit and the transaction contemplates the transfer of the entire business to a new person, who would not only enjoy a right over the assets but shall also take over the liabilities. It thus postulates that there will be a co

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cern, either as a whole or an independent part thereof, for a lump sum consideration does not constitute an activity taking place in the course of business or for furtherance of business, However since the word 'includes' has been used in Section 7(1) the scope of supply goes beyond the meaning of the expression 'in the course or furtherance of business', Therefore in the case of the transfer of a going concern even if the act of transfer does not constitute an activity carried out in the course of regular business or for furtherance of business, the activity may still qualify to be termed as a supply.
7.3.2 Section 7(1) (d) stipulates that activities referred to in Schedule II shall be treated as supply of goods or supply of services. In Schedule II the entry at serial number 4 refers to Transfer of business assets'. Transfer of business assets is considered as supply of goods. The transfer of business assets implies that a part of the assets are transferred and n

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le in the said Notification gives the description of the services. Serial number 2 of the Notification provides for 'Services by way of transfer of a going concern, as a whole or an independent part thereof. This indicates that the activity of transfer of a going concern constitutes a supply or service. The Notification further provides 'Nil' rate of tax on such a supply.
On the basis of the aforementioned analysis we conclude that the transfer of a going concern constitutes a supply of service.
8. The second question for which a Ruling has been sought is whether the transaction would cover under si.no.2 of the Notification No. 12/2017-Central Tax (Rate] dated 28.06.2017?
8.1 The notification itself speaks that the activity of transfer of a going concern, as a whole or independent part thereof, is exempt from payment of so much Central Tax leviable under sub-section (1) of section (9) of the CGST Act, 2017. The essential condition in-buiit in the Notification is that the

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In Re : VPSSR Facilities

In Re : VPSSR Facilities
GST
2018 (5) TMI 904 – AUTHORITY FOR ADVANCE RULING – DELHI – 2018 (13) G. S. T. L. 116 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING – DELHI – AAR
Dated:- 23-4-2018
Advance Ruling No. 06/DAAR/2018
GST
Pankaj Jain Member (Centre) and Vinay Kumar Member (State)
Present for the Applicant : Shri Deepak Gulati, Advocate Shri Satish Kumar Dixit, Advocate Shri Rajeev Sharma, Advocate
Present for the Revenue (Centre) : Ms. Jyoti Virdi, Assistant Commissioner, CGST, Division Janakpuri, Delhi West
Present for the Revenue (State) : Ms. Poonam Assistant Commissioner (W09), DGST Shri Isharam Pal, AVATO, DGST
 
Statement of Facts as per the Applicant:
The applicant has started the business of executing service contract, i.e. cleaning, sanitation, manpower supply, washing, housekeeping, etc. in Delhi and outside Delhi.
2.   The instances of scope of contractor are as under:
(a)   Mechanized/ Comprehensive cleaning at Rai

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f various size and depth and maintenance of the same in the running condition of colony area, and removal of accumulated garbage silt muck etc. to the nominated railway dustbin.
(g)   Removal and disposal Garbage etc. from railway colonies.
Conservancy contract for daily removal of solid waste/ rubbish/ refuse / hedge cuttings etc. from the dustbins/ heaps or nominated sites of Railway Colony and  other Railway premises.
(h)   Removal and disposal of Garbage etc from railway stations.
Conservancy contract for daily removal of solid waste/ rubbish/ refuse / hedge cuttings etc. from the dustbins/ heaps or nominated sites of Railway Station.
3.   The applicant has applied for and has been awarded a contract from Northern Railway, New Delhi for providing services in relation to housekeeping, cleaning, sanitation, waste management, locomotives cleaning and washing at Delhi. The Service contract of Northern Railway is to be performed in Northern Railwa

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al Authority or a Governmental Authority by way of any activity in relation to  any function entrusted to a Panchayat under Article 243G of the Constitution or in relation  to any function entrusted to a municipality under Article 234W of the Constitution.
7.   Further, the Article 243W of the Constitution includes following services as  municipality services.
(a)   Urban Planning including town Planning.
(b)   Regulation of land-use and construction of buildings
(c)   Planning for economic and social development.
(d)   Roads and bridges.
(e)   Water supply for domestic, industrial and commercial purposes.
(f)   Public health, sanitation conservancy and solid waste management.
(g) Fire services
(h)   Urban forestry, protection of the environment and promotion of ecological aspects.
(i)   Safeguarding the interests of weaker sections of society, including the handicapped an

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ing Cleaning, Platform Cleaning, Track Cleaning, Office & Waiting hall cleaning, Toilet cleaning, Circulating area cleaning etc.
(b)   Mechanized cleaning of sheds
Shed floor, pits, urinals, desilting of manholes, underground drains and open drains, disposal of Industrial waste to Dumping ground, Loading of Ferrous Scrap, Cutting of grass and shrubs and removal of cobwebs etc.
(c)   Providing On-Board Housekeeping Services in Trains
Cleaning of toilets, compartments, seats etc.
(d)   Railway Building & Office cleaning.
Cleaning and upkeep of Office Chambers, rooms, cabins, corridors, Halls, roofing, circulating areas, toilets, metalled road and lawns etc.
(e)   Mechanized Cleaning of Trains
Coaches of Trains, and Housekeeping of depot premises etc.
(f)   Comprehensive Mechanized cleaning of railway colonies.
Cleaning of road and desilting of surface drains, manhole, gully trap and latrine system of various size and depth and

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;  Their business is to execute service contract, i.e. cleaning, sanitation, manpower supply, washing, housekeeping, etc. in Delhi and outside Delhi, station, building cleaning, platform cleaning, track cleaning, office and waiting hall cleaning, toilet cleaning, circulating area cleaning, shed floor, pits, urinals, desilting of manholes, underground drains and open drains, disposal of industrial waste to dumping ground, loading of ferrous scrap, cutting of grass and shrubs and removal of cobwebs. So the same shall be classified under the levies and GST @ NIL taxable.
10.   Further, as per the FAQ of CBEC in Q. No. 16, it is clearly specified in this answer that the functions entrusted to a municipality under the Twelfth Schedule to Article 243W of the Constitution. In point no. (f) public health, sanitation conservancy and solid waste management.
11.   As per the above explanation, applicant services as mentioned above, are covered in heading no. 9994 – Sewa

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(a) Commercial or industrial buildings and premises thereof; or
(ii) Factory, plant or machinery, tank or reservoir of such commercial or industrial buildings and premises thereof, but does not include such services in relation to agriculture, horticulture, animal husbandry or dairying;
“Taxable Service” mean any service provided or to be provided to any person, by any other person, in relation to cleaning activity; (Section 65(105) (zzzd) of the Finance Act, 1994)
Thus, cleaning activity is a taxable service when provided to commercial organization.
14.   Hon'ble Central Excise and Service Tax Appellate Tribunal (CESTAT) vide Service Tax Appeal no. ST/50007/2014-[DB] in the matter of M/s Mukesh Kalway v/s C.C.E. Bhopal, has held that
“To hold railways or airport authority as non-commercial organizations only on the ground that they are public utility organizations has no legal basis. Incidentally, it may be noted that the freight revenue of railways is more than dou

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28.06.2017, exempts the following services from GST:
Sl.No.
Chapter Heading
Service Description
GST Rate (%)
Condition
3
Chapter 99
Pure Services (excluding works contract service or other composite supplies involving supply of any goods) provided to the Central Government or Union Territory or local authority or a Governmental authority by way of any activity in relation to any function entrusted to a Panchayat under Article 243G of the Constitution or in relation to any function entrusted to a Municipality under Article 243W of the Constitution
Nil
NIL
16.   Thus, as per S. No. 3, the services are exempt from GST only if services offered are:
(a)   Pure services without any supply of material; and
(b)   Are in relation to any functions which are entrusted to the Municipality as per Article 243W of the Constitution of India.
17.   Services relating to public health, sanitation conservancy and solid waste management fall under Sche

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% under the Service Classification code Chapter heading 9994.
RELEVANT NOTIFICATIONS:
21.   S. No. 3 of Notification No. 12/2017 – Central Tax (Rate) dated 28.06.2017 as amended by Notification No. 2/2018 – Central Tax (Rate) dated 25.01.2018; S. No. 3 of Notification No. 9/2017 – Integrated Tax (Rate) dated 28.06.2017, as amended by Notification No. 2/2018 – Integrated Tax (Rate) dated 25.01.2018 and parallel SGST notifications:
Sl. No.
Chapter, Section, Heading, Group or Service Code (Tariff)
Description of Services
Rate (%)
Condition
(1)
(2)
(3)
(4)
(5)
3
Chapter 99
Pure Services (excluding works contract service or other composite supplies involving supply of any goods) provided to the Central Government, State Government or Union Territory or local authority or a Governmental authority or a Government entity by way of any activity in relation to any function entrusted to a Panchayat under Article 243G of the Constitution or in relation to any function en

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under article 243G of the Constitution or in relation to any function entrusted to a Municipality under article 243W of the Constitution.
Nil
Nil
 
Relevant Constitutional Provisions:
23.   Article 243P of the Constitution of India defines that 'Municipality' means an institution of self government constituted under Article 243Q.
24.   Article 243Q of the Constitution of India read as follows:
243Q: Constitution of Municipalities:-
(1) There shall be constituted in every State, –
(a)   a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area;
(b)   a Municipal Council for a smaller urban area; and
(c)   a Municipal Corporation for a larger urban area, in accordance with the provisions of this Part:
Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, hav

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visions of this Constitution, the Legislature of a State may, by law, endow-
(a)   the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to-
(i)   the preparation of plans for economic development and social justice;
(ii)   the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;
(b)   the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.
27.   The “Twelfth Schedule” of the Constitution of India reads as under:
1. &n

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le pounds; prevention of cruelty to animals.
16.   Vital statistics including registration of births and deaths.
17.   Public amenities including street lighting, parking lots, bus stops and public conveniences.
18.   Regulation of slaughter houses and tanneries.
28.   Hence, according to the Article 243W and Twelfth Schedule of the Constitution of India, the Municipalities have powers and responsibilities only with respect to the:
(i)   preparation of plans for economic development and social justice and
(ii)   performance of only those functions which may be entrusted to them by the Legislature of a State including those in relation to the matters listed in the Twelfth Schedule.
29.   Hence, Municipalities do not have any responsibility or functions in relation to the Railways, which is exclusively the responsibility of the Central Government under Article 246 of the Constitution of India. The S. No. 22 of L

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r the impugned services to be covered under the said exemption notification, the following aspects need to be examined:
(i)   Whether the said cleaning services can be considered as “pure services” or the same are works contract services/ composite services involving supply of goods also.
(ii)   Whether the service receiver i.e. Northern Railways is covered in any of the categories i.e. 'Central Government' or 'State Government' or 'Union Territory' or 'Local Authority' or a 'Governmental Authority' or a 'Government Entity'.
(iii)   Whether the said cleaning activity is in relation to any function entrusted to a Municipality under Article 243W of the Constitution of India.
32.   As far as the first aspect mentioned above is concerned i.e. whether the cleaning services supplied by the applicant to the Northern Railways are 'pure services' or the same also involve supply of any goods, it i

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re not transferred to the Railways.
34.   The Department of Trade & Taxes contended that the contract between the petitioner and the Railways is not just a service contract but the same is a works contract of a composite nature. The property in goods i.e. chemical is transferred by the petitioner to the Railways. The petitioner is required to calculate chemical/solvent per month and the same has to be delivered by the petitioner to the Railways. The contract stipulates that cost of chemicals and machines is included in activities mentioned in the schedule of unit rates.
35.   However, the Hon'ble High Court held that the soaps, detergent, chemicals and solvent used purely for the purpose of cleaning and which are completely consumed, in the  process of the execution of the above referred tasks, cannot be said to goods in which property could pass to the Railways. Hence, the same were held to be pure Service Contracts.
36.   The FAQ : Government

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ontract services. The exemption is provided to services involves only supply of services and not for works contract services.
37.   Accordingly, it is held that in the present case, the cleaning contracts of the applicant with the Northern Railways, which may involve use of consumables such as soap/ detergent/ chemicals of a minimal quantity and of a very nominal value are “pure service” contracts, in terms of S. No. 3 of Notification No. 9/2017 – Integrated Tax (Rate) dated 28.06.2017 as amended by Notification No. 2/2018 – Integrated Tax (Rate) dated 25.01.2018 and parallel CGST and SGST notifications.
38.   As far as the second aspect is concerned i.e. whether the service receiver i.e. Northern Railways is covered in 'Central Government' or 'State Government' or 'Union Territory' or 'Local Authority' or a 'Governmental Authority' or a 'Government Entity' or not, it is observed that as per Section 3(8) of the Gener

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e Municipalities under Article 243W of the Constitution are exempted under S. No. 4 of Notification No. 9/2017 – Integrated Tax (Rate) dated 28.06.2017 and parallel CGST and SGST Notifications.
40.   In the CESTAT Final Order No. ST/A/50646/2017-CU (DB) dated 06.02.2017, in the case of Mukesh Kalway V/s Commissioner of Central Excise, Bhopal (reported in 2017 (3) TMI-615), mentioned by both the Jurisdictional Officers (Centre and State), the issue was whether mechanised cleaning service provided for railways, diesel locomotives, railway station premises, General Manager's Office were taxable under the category of 'cleaning services' during the period July 2005 to March 2010. In the said case, the Hon'ble Tribunal after examining the scope of activities of railways and the premises of railway stations came to the conclusion that the Railways is a commercial organisation and cleaning services rendered to railways were taxable during the relevant period. However

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ey had argued that the renting of immovable property service in such markets cannot be considered as taxable service as the said markets were developed in discharge of Constitution responsibility under Article 243W of the Constitution of India and the 12th Schedule thereunder. They argued that they were not engaged in the trade or commerce and the shop rent out are not in the course of furtherance of business or commerce but are statutory responsibility under the Goa Municipality Act and are for discharge of Constitutional obligation.
42.   However, Hon'ble CESTAT held that perusal of Entries 12 and 17 of Schedule Xll clearly shows that what has been mentioned thereunder is provisions of urban amenities and facilities, such as parks, gardens, playgrounds. The market cannot be considered to be similar in nature and therefore provision of markets cannot be considered to be, the responsibility under Sr. No. 12 of the 12th Schedule. Similarly Sr. No. 17 relates to street lig

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Mr. R.K. Jain Versus CPIO & VP-Legal, Goods & Service Tax Network, New Delhi

Mr. R.K. Jain Versus CPIO & VP-Legal, Goods & Service Tax Network, New Delhi
GST
2018 (5) TMI 524 – CENTRAL INFORMATION COMMISSION – 2018 (15) G. S. T. L. 694 (CIC)
CENTRAL INFORMATION COMMISSION – Commission
Dated:- 23-4-2018
CIC/MOFIN/C/2017/311791/CCEDL-BJ
GST
Bimal Julka Information Commissioner
ORDER
FACTS:
The Complainant vide his RTI application sought information on 09 points (A to I) regarding details and copies of monthly expenses, bills/ statements of GSTN from April, 2014 till the date of providing information, details of the expenditure / purchase made for an amount above Rs. 50,000/- from 01.04.2014 till date, name of the officer from whom the said articles were purchased or services provided, etc.
The CPIO and VP-Legal vide its letter dated 01.09.2016, provided a point wise response to the Complainant. Dissatisfied by the response, the Complainant approached the FAA. The order of the FAA, if any, is not on the record of the Commission.
HEARING:

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cuments despite several requests to do the same. Furthermore, it was argued that voluminous data was involved and it was not cost effective to disclose the information. The data sought was for almost two and a half years which was voluminous and contained very minor details of the logistics and infrastructural support which was not feasible to be provided. During the hearing, the Complainant volunteered to seek information pertaining to the purchases made above Rs. 5/- lakh. The Respondent however, reiterated his constraints to furnish the same. On a query from the Commission whether the detailed accounts were prepared and published by GSTN, he feigned ignorance and vaguely submitted that to the best of his knowledge, the statement of accounts had been prepared till 2015-2016. He was not aware of the audited reports or annual reports submitted by the said authority. The Commission desired that the broad income and expenditure statement prepared by the Public Authority should be posted

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tc.
The Commission observed that a voluntary disclosure of all information that ought to be displayed in the public domain should be the rule and members of public who having to seek information should be an exception. An open government, which is the cherished objective of the RTI Act, can be realised only if all public offices comply with proactive disclosure norms. Section 4(2) of the RTI Act mandates every public authority to provide as much information suo-motu to the public at regular intervals through various means of communications, including the Internet, so that the public need not resort to the use of RTI Act.
The Commission also observed the Hon'ble Delhi High Court ruling in WP (C) 12714/2009 Delhi Development Authority v. Central Information Commission and Another (delivered on: 21.05.2010), wherein it was held as under:
“16.It also provides that the information should be easily accessible and to the extent possible should be in electronic format with the Central Publ

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16.07.2012 had held as under:
“8. The RTI Act, as per its preamble was enacted to enable the citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. An informed citizenry and transparency of information have been spelled out as vital to democracy and to contain corruption and to hold Governments and their instrumentalities accountable to the governed. The said legislation is undoubtedly one of the most significant enactments of independent India and a landmark in governance. The spirit of the legislation is further evident from various provisions thereof which require public authorities to:
A. Publish inter alia:
i) the procedure followed in the decision making process;
ii) the norms for the discharge of its functions;
iii) rules, regulations, instructions manuals and records used by its employees in discharging of its functions;
iv) the manner and e

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