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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 16.01.2016

‘EXPORT’ IN DRAFT GST ACT, 2016:-

GST DAILY DOSE OF UPDATION:-

 

‘EXPORT’ IN DRAFT GST ACT, 2016:-

 
Section 2(29) defines the term export as ‘export’ with its grammatical variations and cognate expressions, means taking out of India to a place outside India.

It is submitted that the meaning of the term ‘export’ is extremely crucial in indirect taxation laws because a number of benefits and exemptions are being granted to export of goods and services. The ultimate intention of the government is not to export domestic taxes and so there is exemption from levy of excise duty and service tax on the export of goods and services respectively. However, in order to claim the benefit of exemptions, it is extremely important that the contents of the defination are complied with.

The proposed defination of export given in the draft GST laws seeks to restrict the meaning of export to physical exports only that is taking out of India to a place outside India. However, presently, in order to promote exports, a number of set-ups can be there like EOU, SEZ etc. wherein although the units are situated within India, the clearances to such units is being treated as ‘deemed exports’ under the Foreign Trade Policy and a number of other incentives are being extended to such units. However, the restricted defination proposed in the GST laws seeks to take away all the lure of setting up such units. It is pertinent to note that there is exclusive Act called the Special Economic Zones Act, which has overriding effect over all the Acts that are presently in force in India. This has the effect that clearances to SEZ are being treated at par with physical exports for export incentive benefits. Consequently, even after introduction of GST Law, the supply of goods and services will continue to enjoy all export benefits irrespective of the defination given in the GST Law. However, this defination will snatch the exemption benefits otherwise available to EOU units. Furthermore, we would also like to mention that vide Budget, 2015-16, similar defination has been provided in Rule 5 of the Cenvat Credit Rules, 2004 granting refund of accumulated cenvat credit and Rule 18 of the Central Excise Rules, 2002 which has the effect of denying the refund/rebate benefits to EOU units. This has been done to overrule the effect of Gujarat High Court decision in case of NBM Industries and EI Du-Pont India Pvt. Ltd. wherein refund of accumulated cenvat credit was allowed treating supply to EOU as export.

Furthermore, as far as export of services is concerned, presently certain conditions have been prescribed in Rule 6A of Service Tax Rules, 1994. The said conditions are as follows:-

Service provider located in taxable territory, i.e., India

Service receiver located in non-taxable territory, i.e., outside India

Consideration received in convertible foreign currency

Place of provision of service is outside India
 
It is submitted that one of the conditions for export of service is place of provision of service is outside India as per the Place of Provision of Service Rules. Moreover, if the defination of export as proposed in GST law is considered for export of service also then it will create ambiguity.
 
Even the DGFT regards a service as export of service if the payment is received in foreign currency but the service tax has not regarded it as export of service. We think that the impugned ambiguity will continue in GST regime also.
 

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