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Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

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GST Update 29.06.2016

Definition of Goods

GST DAILY DOSE OF UPDATION:-
 
Definition of Goods:-
 
As the name indicates “Goods and Services Tax (GST)” is a tax on ‘goods’ and services; the definition of “goods” becomes crucial. Unless an item is a “Goods” as per definition given in the Act, the tax cannot be levied in GST regime. The draft GST act has proposed the definition of “Goods” under section 2(48) as follows:-
 
“(48) “goods’’ means every kind of movable property other than actionable claim and money but includes securities, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under the contract of supply;
 
Explanation.– For the purpose of this clause, the term ‘moveable property’ shall not include any intangible property.”
 
The proposed definition is similar to definition contained in section 2(7) of “Sale of Goods Act, 1930”, except the fact that securities are excluded from the definition of current definition of good while the proposed definition in the GST regime seeks to include the same. An analysis of the proposed definition makes it clear that it will broadly cover all types of movable properties except actionable claim and money. The items like securities, growing crops, grass and things attached to land which are agreed to be detached before or under contract of supply. Thus, all the items falling in the definition of goods will come under purview of GST.
 
Also, an explanation has been proposed in this definition which states that the term movable property will not include any intangible property. It is worthwhile to mention here that intangible properties have always been a subject matter of litigation. Whether the intangible properties will come under purview of goods and whether sales tax would be levied has been subject matter of dispute. Also, there is very thin line of demarcation between ‘goods’ and ‘services’; particularly, the intangible properties, which have been alleged as “goods” by sales tax department and “services” by service tax department. Thus, both the departments have tried their best to bring intangible properties under purview of their respective Acts and to collect the taxes on their very ends. One such dispute was in the name of “software” which was settled by the hon’ble Supreme Court in the case of TATA CONSULTANCY SERVICES Versus STATE OF ANDHRA PRADESH 2004 (178) E.L.T. 22 (S.C.). The explanation proposed in the above stated definition will definitely keep such disputes out of play in the GST regime.
 
Further, the proposed definition includes the “securities” within its ambit. Thus, for the purpose of GST, securities will be termed as goods and thereby will be subject to GST unless otherwise exempted. At present the trading the securities is already chargeable to a couple of taxes like securities transaction tax (STT), Swachh Bharat Cess (SBC) and Krishi Kalyan Cess (KKC) alongwith couple of other charges like exchange transaction charges, clearing member charges and SEBI turnover charges. If the trading in securities is not exempted in GST regime, according to proposed definition it will be leviable to one more tax namely GST; thereby making the trading in securities as a costlier issue. The experts are of the view that since trading in securities is already leviable to a no. of taxes imposition of one more tax is not desirable. Thus, it is quite possible that a separate exemption shall be granted to trading in securities in GST regime. However, as of now, since the exemptions are not certain, the government is facing opposition on this issue from the people at large.

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