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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 118 on taxability of commission paid on sale of rice

GST update No 118 on taxability of commission paid on sale of rice
India is an agriculture country and so the government has been allotting substantial portion of budgetary expenditure for development of agricultural sector and provide tax benefits to cultivators. The government had given certain exemptions vide Notification No. 12/2017 – Central Tax dated 28.06.2017 to certain sectors from levy of GST, agriculture sector being one of them. However, the assessee needs to pass the test of product being considered as “agricultural produce” in order to avail exemption in GST. Recently, one such issue was raised before the Karnataka AAR in case of M/s HINDUSTAN AGENCIES [ADVANCE RULING NO. KAR ADRG 73/2021 DATED 06.12.2021] wherein it was inquired as to whether the services provided in relation to selling of rice is liable to GST or not. The outcome of this decision is the subject matter of discussion of our present update. The applicant sought ruling on whether they are entitled to collect GST on supply of service which pertains to selling of agriculture produce as per APMC Act. The applicant submitted that he is a commission agent for rile millers and traders. As per the applicant’s contention, paddy and rice are both agriculture produce. The applicant believes that de husking or hulling of paddy would not alter the basic characteristics of the produce and is normally undertaken by cultivator to make it marketable for primary market. Reliance was place on Supreme Court’s decision in case of Ernakulam V.s Pio Food Packers wherein it was concluded that canned pineapple slices are to be treated as pineapple only. The applicant contended that the commission agency services for supply of rice to the rice millers will fall within clause (g) of SI. No. 54- Heading 9986 of Notification 12/2017- CT dated 28.06.2017 and is covered by exemption from levy of GST. The counsel of the department contended that rice cannot be considered as an agricultural produce and so it is not covered by the exemption notification. The respondent heavily relied on the definition of agriculture produce. In order to treat a product as agricultural produce, all of the following criteria must be fulfilled: a) The produce should be out of cultivation of plants and rearing of all life forms of animal. b) Further processing should not be done. And if any processing isdone, it is usually done by the producer or cultivator. c) The processing should not alter the very basic characteristic of the produce. d) The processing should render the product marketable. The revenue was of opinion that rice is obtained from paddy cultivation. Further, in addition to processing by cultivator, “milling” is done by millers which is normally not processed by cultivator or producer. Moreover, the essential character of paddy gets converted into rice as paddy can only be consumed after certain processing such as husking, steaming etc. Hence, it was pleaded that rice cannot be termed as agriculture produce. The AAR upheld the view of the revenue. The AAR also held that rice is an outcome of milling process carried out on paddy. The rice can be consumed directly, however, as far as paddy is concerned, it is subject to milling process. Further, milling process is not done by cultivators. Hence, it was concluded that rice is not an agriculture produce. The applicant is not assisting the cultivators of paddy instead he is assisting the manufactures of rice, millers and traders. Hence, it was concluded that the said activity carried out as a commission agent is not covered under exemption and hence, GST shall be levied on the same. It is worth mentioning that many of the disputes of erstwhile indirect tax regime are being inherited into GST era and one of them is the tussle of rice being considered as an agricultural produce. The dispute regarding rice being agricultural produce was prevalent in negative list regime wherein specific exemption was provided expressly stating that loading, unloading, packing, storage and warehousing of rice was exempt from levy of service tax. It was also clarified vide Circular no. 177/3/2014-S.T. dated 17.02.2014 that milling of paddy is an intermediate process in relation to agriculture and so job work of converting paddy into rice was also exempted from levy of service tax. It appears that the ripples of past litigation have occurred in the GST regime too. It is hoped that the above advance ruling is reversed by AAAR or a suitable clarification is issued by the CBIC for GST era too so that unwarranted disputes may be avoided.
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