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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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GST update No 110 on clarification on services supplied by restaurants through ECO

GST update No 110 on clarification on services supplied by restaurants through ECO
The GST council in is 45th meeting held on 17.09.2021 shifted the liability to pay tax on e-commerce operator (ECO) with respect to restaurant services provided by it. Notification No. 17/2021 dated 18.11.2021 has been issued to make the provision applicable with effect from 01.01.2022. However, a lot of confusion is prevailing in the minds of assessees as regards various issues with respect to implementation of this provision shifting the liability of payment of tax from restaurants to ECO. Recently, clarification was released by the CBIC vide Circular No. 167/23/2021-GST dated 17.12.2021 in this respect which is the subject matter of discussion of our present update. The issues touched upon by the circular are discussed as follows:- 1. Deduction of TCS by ECO :- Presently, ECOs are required to collect TCS @1% on the net value of taxable supplies made through it by other suppliers. The restaurant service providers were doubtful as to whether the ECO would continue to collect TCS on supplies made through them. It is clarified that there is no need to deduct TCS on the supplies for which GST is to be paid by the ECO. 2. Separate registration by ECO:- ECOs are already registered for collecting TCS and are filing GSTR8. Doubts were raised as to whether separate registration is required to be taken by ECO for concluding transactions through restaurants on which liability to pay tax is on the ECO. It is clarified that there is no need to take separate registration by the ECO and the existing registration would suffice. 3. Liability to pay tax for unregistered restaurants:- It is clarified that even for restaurants having aggregate turnover less than Rs. 20 Lakhs, if supplies have been made through ECO, GST would be payable by the ECOs. 4. Computation of aggregate turnover for restaurants:- There was confusion as regards inclusion of such turnover in the aggregate turnover of restaurant service provider or the ECO. It is clarified that the supplies made through ECO would be considered as supplies made by restaurant service provider and will be included in the aggregate turnover of restaurants. 5. Whether restaurant supplies through ECO considered as inward supplies liable to RCM for ECO? :- It is submitted that as per section 2(93)(a) of CGST Act, 2017, recipient of service means person who is liable to pay consideration. As in the present case, the customer ordering food through ECO is the recipient, ECO cannot be considered as recipient of the restaurant service and so the transaction cannot be considered as inward supplies for ECO. Similar view has been taken by CBIC and it is clarified that ECO are not recipient of restaurant service. 6. Requirement of proportionate reversal by ECO:- Representations have been raised seeking clarification on whether the ECO is liable to reverse proportionate ITC as per Rule 42 and 43 of CGST Act, 2017 since input credit is not admissible on restaurant services. To this, it is clarified that ECO charges commission and fee etc. for the services which it provides to restaurants. Hence, it is clarified that ECO need not to reverse ITC on account of restaurant services provided as it is merely appointed by government to discharge GST on restaurant services provided through it. Further, it is clarified that ECO shall pay entire amount in cash on such restaurant services. As the output tax is being paid in cash by ECO and actually it is engaged in facilitating restaurant service provider to supply food to customers, there is no requirement to reverse proportionate ITC. 7. Compliance for other than restaurant services by ECO:- It is clarified that the requirement to collect TCS would continue for services other than restaurant services provided through ECO. Moreover, the liability to issue invoices in case of services other than restaurant services provided through ECO would continue to be issued by the service providers. In case of composite supplies made by ECO, separate invoice is to be issued by ECO for restaurant services provided through it. ECO is liable to issue invoices for restaurant services provided through it. 8. Reporting in GST returns:- Transaction of supply of restaurant services through ECO would be reflected as B2B (in case of registered restaurants)/B2C (in case of unregistered restaurants) supplies in table 4A or table 7A(1) of GSTR-1 of ECO and as outward taxable supplies in GSTR-3B filed by them. However, restaurants would report such supplies as Nil rated/exempt supplies under table 8 of GSTR-1 and serial no. 3.1(c) of GSTR-3B. The government shifts liability to pay tax in specific sectors in order to check revenue leakage. One of the reasons for the change in tax mechanism for services provided by restaurants through ECO is to generate revenue on the supplies being made from unregistered restaurants. It is worth mentioning that Uber has also filed writ petition before the Delhi High Court against the move of the government to levy tax on auto-rickshaw services provided through ECO w.e.f. 01.01.2022 which are otherwise exempt on the grounds of discrimination. We can expect similar petitions being filed with respect to restaurant services provided through ECO.
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