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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 No 119 on Warranty claim and taxability of repair/maintenance

GST Update No 119 on Warranty claim and taxability of repair/maintenance
The concept of advance rulings has been introduced in the GST regime with a view to bring clarity as regards various issues that can be matter of confusion in the minds of assessee. After the advent of GST, thousands of advance rulings have been pronounced and most of the matters have been resolved. However, the interpretation of law is a continuous process and so rulings pronounced seeks to settle various doubts. Recently, advance ruling rendered in the case of M/s SOUTH INDIAN FEDERATION OF FISHERMEN SOCIEITES [ADVANCE RULING NO. KAR ADRG 74/2021 DATED 06.12.2021] discussed the GST leviability on free supplies made during warranty period and the taxability of repair and maintenance services provided with respect to fishing vessel. The reasoning adopted is the subject matter of discussion of our present update. The applicant is a Charitable Society engaged in undertaking various welfare activities for poor fisherman and providing them with necessary fishing requisites at concessional rates. The applicant sought advance ruling on following: ? Applicability of GST rate on marine engines and spares ? Levy of GST on supply made during warranty period ? Tax rate on puff insolated ice box used by fisherman for maintaining good hygiene ? Taxability of repair charges of supply of material and labour ? Tax rate on marine engine supplied to Defence Department. The Counsel of Department submitted following contentions with regard to questions sought: ? As far as applicable GST rate on Marine Engine and spare parts is concerned, 5% rate shall be applicable as per entry SI. No. 252 of Schedule I of Notification No. 01/2017 Central Tax dated 28.06.2017. ? Further, the department contended that in Sectorial FAQs by CBIC, it was clarified that no GST shall be chargeable on replacement if supply is made without consideration during warranty period. The value of supply already includes charges to be incurred during warranty period. Further, it was also clarified that supplier is notrequired to reverse the ITC on replaced parts. ? Further, the counsel of department contended that since puff insolated ice box falls under Customs Tariff Heading 3933, it shall attract GST @18% as provided in Schedule III of Notification No. 01/2017-Central Tax dated 28.09.2017. ? The revenue submitted that as far as collection of repair charges on supply of material and labour is concerned, if there is specifically provided in the contract and value of spare parts and services is separately charged in invoice, GST @5% shall be attracted i.e. the rate applicable to such spare parts and services. ? Further, as per Schedule I of Notification No. 01/2017- Central Tax dated 28.06.2017, in case any marine engine is supplied to Defence and other agencies for relief operations, GST shall be attracted at the rate of 5%. The AAR upheld the views of Counsel of Department. It was held that since replacement services were done without charging consideration, it does not fall in the ambit of supply u/s 7 of CGST Act, 2017 and hence, no GST shall be levied. Further, AAR clarified that in case of puff ice boxes used for good hygiene, GST at the rate 18% shall be charged because the product cannot be considered as a part of fishing vessel and hence, it shall not be eligible for concessional rate of GST. Moreover, AAR held that GST at the rate 18% shall be chargeable on collection of repair charges on supply of material and labour including supply of spare parts instead of 5%. The analogy taken by the AAR is that it is a composite supply wherein principal supply is supply of repair and maintenance since there is no transfer of goods in title. The issue regarding GST rate applicable on marine engine and spare parts was also raised in the case of “In re MAN Energy Solutions India Private Limited” wherein it was held that 5% GST shall be attracted. As regards taxability of goods supplied free of cost under warranty scheme is concerned, the issue is settled by clarification that as the original supply included the cost of warranty, no GST is payable on the free supplies made during warranty. However, with respect to repair and maintenance services, there may be divergent view as regards treating the said transaction as composite supply and applying the GST rate of 18%. In our opinion, if the value of spare parts are separately identifiable, the same should be liable to GST at their respective rates with the labour charges attracting GST rate of 18%.
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