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Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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12771GST UPDATE ON POWER OF HIGH COURT IN CASE OF DECISION BY AAAR

12771GST UPDATE ON POWER OF HIGH COURT IN CASE OF DECISION BY AAAR
GST law allows a taxpayer to apply for an advance ruling to obtain clarifications from the Authority for Advance Ruling (‘AAR’). If the taxpayer or the Revenue Authority is aggrieved by the order passed by the AAR, they have an option to file an appeal before the Appellate Authority for Advance Ruling (‘AAAR’). The ruling pronounced by AAR / AAAR is binding on all such parties. However, no further remedy by way of an appeal is provided under the GST law against the order of AAAR. Can an assessee file writ petition against the order of AAAR?
The same matter was discussed in the case of JSW energy ltd by Bombay High court where assessee has filed writ petition to HC against the order of AAAR. The HC has declined the examination of the case on the basis of merits because there is no provision under GST to appeal against the order of AAAR. The case was remanded back to the AAAR for the fresh consideration on the basis of merits. Supreme Court in the case of Smt. Sudha Patil also took the similar view that in case no appellate provision are given in the law it does not enlarge the power of High Court to exercise an appellate power.
Assessee can apply to the writ petition in HC in the exceptional cases like where principle of natural justice is not followed or assessee is challenging the constitutional validity of a provision. Moreover, in the cases where AAAR does not follow proper decision-making process, the court can refer back case to AAAR without examining the case on basis of merits as the same was held in case of C.M.S. Info Systems Ltd.
Decision of AAR is final and binding on the assessee and concerned departmental officers till the time there are changes in law, facts and circumstances supporting the advance ruling. This is clearly given in Sectio 103(2) of CGST Act, 2017. In case of changes in law, facts etc after ruling by AAR/AAAR the binding nature of ruling comes to an end but if circular in issued in subject matter after the AAR ruling than it will not affect the AAR ruling because circulars are not considered as change in law and they are only binding on department.
From the above reference to the case laws, it is clear that decision of the AAR final or binding and the Court may not accept the petitions challenging the AAAR ruling. It can be said that the order passed by the AAAR cannot be challenged in the High Court under GST law. It can only be challenged in case the AAAR goes beyond its jurisdictional limits or breach of principles of natural justice or committing errors of law or constitutional validity of a provision is being challenged.
Moreover, we have seen that the CBIC has many times given a clarification by way of circular over an issue where AAR has given verdict. One example can be of salary paid to directors. Advance Ruling of Rajasthan said in case of Clay Craft India Private Limited that GST is payable on the same but the CBIC has clarified vide circular number 140/10/2020 – GST dated June 10, 2020contrary to the same. Such type of situations arise in many cases.
But the circular cannot be said to be amendment in law or facts. Hence, these are not binding. It leads to peculiar situation where all taxpayers are taking benefit of CBIC circular which is against the appellant. The applicant who has sought advance ruling has to follow it as per provision of Section 103 of CGST Act ibid. He cannot even go to High Court as per above referred decisions. But some advocates are of the opinion that above advance ruling can be challenged on the basis of discrimination.
These all difficulties are attached with Advance Ruling. But the pro-revenue approach of departmental officers appointed in Advance Ruling has given a signal to taxpayers not to approach advance ruling. To save this authority, trade and industry should demand national level authority of advance ruling. Secondly, it should also be demanded that judicial member should be appointed so that confidence of taxpayers is restored in Advance Ruling authority.  
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