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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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GST Update on Industry wants to know-Part-I

Daily Dose of GST update on FAQ in seminar with Industries

Daily Dose of GST update on FAQ in seminar with Industries:-


These FAQs are a step forward in the series of updates on GST prepared by us on this page. These have been prepared on the basis of questions asked from us in the seminars conducted by us with various industries and feedback received by us. Various queries and questions have been raised by the industries which may or may not be thoroughly answered in the model GST law and the rules. Presenting the 1st part of the series:

Question 1: it was asked constantly that whether dual system of taxation is a necessity of the new regime and is there any way to have a single GST system throughout the country?

Answer: GST is an imported concept and it is a well known fact that India is a federal system. In such a scenario, it seems a distant probability to have a single taxation all over the country. Dual taxation is a necessity which can’t be avoided. Moreover the constitutional amendments have been carried out incorporating dual taxation and to undo it, another constitutional amendment will have to be introduced which would only take the whole process back to square one.

Question 2: Isn’t the dual jurisdiction concept only a repetition of the current system and isn’t it against the motive of GST?

Answer: yet again the current system of taxation is the major reason of dual jurisdiction. Currently the excise and service tax are under the control of the centre and the VAT is being controlled by the state government. Even now there is conflict evident on the distribution of assessees between state and centre. Even the trade associations have represented against the dual control. In the first meeting of the GST council also, it was decided that the traders below the limit of Rs. 1.5 crore will be controlled by state authorities only whereas the service tax assessees will be managed by Centre only as they are already doing it. But the conflicts arose between the centre and state over the same in the next GST council meeting. Even the associations of central Government employees and state government employees respectively have represented against the same. Hence the dual control is indispensable in current situation and so is provided in GST law also.

Question 3: What will be the rate of tax under GST?

Answer: It has not been decided yet and GST council will take a decision on the same. In the third GST council meeting, after a lot of conflict and discussion, indication were that there will not be a single GST rate but there will be multiple GST rates. The slab would comprise of 0, 6, 12, 18 and 26% as rates and 18% would be the merit rate wherein most of the items will fall. Probably the agricultural and food items will be kept exempted and majority of the goods will fall under the rate slab of 18%. However, consensus cannot be reached between state and centre and they will decide about the same in next meeting. However, multiple tax rates goes against the very principle of GST of "ONE TAX, ONE NATION."

Question 4: Will import at concessional rate of duty rules and procedure continue under the new regime?

Answer: There is no specific mention of these rules under the new regime. As the procedure is covered under the custom laws, it may remain intact but predicting anything on the new procedure and its applicability may prove to be a far-fetched imagination at this time.

Question 5: Will there be any change in the tax structure on imports of goods?

Answer: The custom duties will be applicable as it is because the customs will not be covered by the GST. Although with introduction of IGST, the excise duties and cess may get subsume in it. In place of CVD and SAD, the IGST will be applicable. There may also be a new levy in form of cess by which the centre intends to compensate the states. Hence, all existing cess like educaiton cess and Secondary and Higher education cess will go away. But a new cess will come in its place.

Question 6: What will be the treatment of difference of rates of tax on input goods and finished goods?

Answer: As of now under Central Excise and service tax, no mechanism of refund or adjustment of excess cenvat has been prescribed in cases where the rate of duty on finished goods is less than the rate of duty on inputs. But this has been prescribed in GST which is welcome step for the trade and industry. Now the refund will be granted when the rate of tax on finished goods is less than rate of tax on inputs. The refund of CGST and SGST will be granted by respective authorities.

Question 7: What will happen of the cenvat availed on the common inputs and services under the new regime and used in taxable and exempted goods.

Answer: The regime disallows the cenvat of the goods and services used in exclusively exempted goods and services. Although there is yet no prescription of the treatment of common input goods and services. It is written in draft GST law that mechanism will be prescribed for the same. It is highly probable that such mechanism will be provided in the final law.

Question 8: Will the export of goods under bond and LUT will continue under the GST?

Answer: Yes, the export under bond and LUT will continue under the new regime also. Even the refund of unutilised credit will be allowed under GST law.

Question 9: Will the rates of duty drawback be re-declared under GST?

Answer: Although there is no such statement in the model law, but it is highly probable and in a way necessary too because currently the rates comprise only excise and service tax portion but does not comprise any VAT component. To attain relevance in the changing law, the rates must be revised to keep them up to date.

Question 10: what are the new provisions regarding payment of GST on receipt of advance and its taxation?

Answer: Two most asked questions on advance are that will the asseessee have to raise the invoice on receipt of advance and whether cenvat of the tax paid on such advance will be admissible to the recipient of invoice. It is clear that tax has to be paid on the receipt of the advance but the rest two questions are yet to be answered. However, as per our opinion, the invoice can be raised when goods are supplied. For advance, no goods are supplied, hence the invoice cannot be raised. Secondly, the credit is admissible when the goods are received. But credit of GST paid on advance payment cannot be taken by recipient as he has not received the goods. Hence, there will be tax paid on advance but the credit of the same will be allowed when the goods are received by buyer.

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