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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 117 ON TAXABILITY OF ELECTRICITY CHARGES RECOVERED FROM TENANT

GST UPDATE NO 117 ON TAXABILITY OF ELECTRICITY CHARGES RECOVERED FROM TENANT
Since introduction of GST Law, there had been many complexities and questions raised regarding applicability of GST on various transactions. It is well settled law that the renting of commercial properties is subject to GST being supply of service as per entry 5(a) of Schedule II. However, the matter of dispute is whether the reimbursement towards electricity, water charges collected by the lessor form lessee shall fall within the ambit of GST? Similar issue was raised before Maharashtra Authority for Advance Ruling in the case of M/s. INDIANA ENGINEERING WORKS (BOMBAY) PVT. LTD. The reasoning adopted by the Maharashtra Advance Ruling is subject matter of our today’s update. The applicant sought for advance ruling on whether electricity and water charges paid by applicant and collected from recipient as reimbursement are liable to GST. The applicant contended that the reimbursement of charges collected do not have a character of supply under Section 7 of CGST Act, 2017. Further, the applicant is of view that as the charges are collected at actuals, the same will not form part of the taxable value of service of renting of immovable property. Hence, as per Section 15 of CGST act, 2017, the transaction value shall exclude the expenses incurred as a “Pure Agent” and hence, GST shall not be leviable. Reliance was placed by assessee in case of SOUTH EASTERN COALFIELDS LTD. V/S C. CX &ST AND IN KIRAN GEMS PVT LTD. V/S CCE & ST. The Counsel of the department argued that GST is payable on electricity charges, water charges as these forms integral part of the immovable property for enjoyment of the right to use the said property. Furthermore, as per Section 15 of CGST Act, 2017, the transaction value shall include any incidental expenses incurred towards the value of consideration. The revenue also contended that conditions of Rule 33 of CGST Rules pertaining to pure agent are not fulfilled as the applicant is not authorized by the tenant to act as a pure agent. Moreover, making the payment of electricity and water charges to the government is the responsibility of the applicant as the connection is in the name of applicant only. Hence, the recovery of charges on reimbursement basis would not qualify as “pure agent” and cannot be deducted from the taxable value of service. The Maharashtra Advance Ruling held that utilities such as water, electricity etc. are basic amenities without which occupation of premises would not be possible. The provision of essential services is mandatory to be provided by the landlord. Hence, the reimbursement charges collected form the part of consideration. Further, going through Section 15(c) of CGST Act, it was concluded that the charges shall be included in transaction value of supply as these are incidental expenses. Further, the AAR upheld the view of the department concluding that the applicant shall not be treated as “Pure Agent” as conditions of Rule 33 are not fulfilled. Therefore, it was concluded that the reimbursed electricity and water charges charged by the applicant from the tenant by issuing debit note shall be considered in taxable value and GST shall be levied on it. The present judgement covers an issue which has been at the center stage for disputes since Service Tax regime. In case of UNION OF INDIA V/S M/S INTERCONTINENTAL CONSULTANTS AND TECHNOCRATS LTD., hon’ble Supreme Court had held that no service tax is leviable on the reimbursement of expenses which are incurred while providing a Service. However, post decision, Section 67 of Finance Act was amended and the definition of “consideration” was amended to include reimbursable expenditure or cost which was made effective from 14.05.2015. Similarly, there are divergent views on the said issue in GST era. However, after observing the decision pronounced by AAR, applicant needs to establish a concrete evidence so as to prove his contention of satisfaction of conditions prescribed for “Pure Agent” as per Rule 33 of CGST Rules, 2017.
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