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Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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GST Update No 139 ITC available as common pool for utilization

GST Update No 139 ITC available as common pool for utilization
The major driving force of implementing GST was to allow seamless flow of input tax credit in the transaction chain and enable its effective utilization thereby removing the cascading effect of taxes. The provisions formulated with respect to availment, and utilisation of Input Tax Credit is litmus test for Government’s commitment to ensure that there is no disruption in the credit chain. However, at times, interpretation adopted by AARs distort the intention and create confusion. Recently, Gujarat AAR in the case of M/S. ARISTO BULLION PVT. LTD. held that the taxpayer can utilize ITC only if there is direct nexus between inputs and outputs which is totally against the basic principle of credit facility extended to the assessees. This decision was further challenged before the Gujarat AAAR and recently decision has been pronounced by AAAR. The outcome and the reasoning adopted by the AAAR is the subject matter of discussion of our present update. The appellant in engaged in manufacturing as well as trading of Gold and Silver Bullion including coins etc. They intend to utilize ITC available on purchase or import of Gold & Silver Dore against payment of GST on outward supply of trading of castor oil seeds However, it was concluded by AAR that since as per Section 16, assessee shall be entitled to take input tax on supply of goods and services which are intended to be used in the course or furtherance of business and since no one to one correlation exists between the two supplies, appellant shall not be entitled to utilize ITC. The appellant contended before AAAR that raw materials or trading material procured in form of Gold & Silver Dore for further supply will qualify in the definition of “goods”, being movable property. Hence, it amounts to “input tax” as per Section 16(1) of CGST Act, 2017. As per Rule 86 of CGST Rules 2017, there is no provision in rules which restricts the utilization of electronic credit ledger towards output tax in respect of taxable supply. Thus, credit ledger can be utilized to make payment of output tax liability of other business verticals as well. Further, as per Section 49(2) & (4), credit ledger does not contain any identification for utilization of Input Tax Credit. The inputs are available as a common pool which can be utilized to discharge output tax liability. The appellant quoted the illustration of nationally renowned organizations such as “D mart”, “Big Bazar” etc. which provide a diverse range of products and avails ITC as per Section 16. Once the condition of availment of credit is fulfilled as per Section 16, it transpires to be deposited in a common pool of credits which can be subsequently utilized against output tax liability. Reliance was placed on the similar issues which came across Courts in Pre-GST regime. The courts held that there is no requirement to prove existence of direct nexus between inputs and output. Reliance was placed on decisions rendered in the case of Tally Solutions (P.) Ltd. v. CCE, Pipavav Shipyard Ltd. v. CCE & ST, Nitin Spinners Ltd. v. CCE, Entraco Power Systems (P.) Ltd. v. CCE, CCE v. Graphite India Ltd, Coca Cola India Pvt. Ltd. v. Commissioner of Central Excise, Pune-III, and CCE, Coimbatore v. Lakshmi Technology and Engineering Industries Ltd. The AAAR held that section 17(5) does not impose any restriction on availing ITC on gold bars. The AAAR held that even if logic of AAR is adopted, taxpayers who are selling large number of commodities would require to maintain input tax credit accounts in respect of each commodity which is impossible and is nowhere prescribed in the law. It was held that once the taxpayer validly takes ITC on inputs, that ITC merges into common portal which is not maintained commodity wise. Further, it was held that Section 16(5) does not mandate assessee to prove one to one correlation between inputs and output. It only prescribes that inward supply should be used in the course or furtherance of business. Since, it is undisputed fact that the inward supply of Gold and Silver Dore bars are used in the course of business of the appellant, input tax is validly taken and it can be utilized against payment of outward taxable or zero rated supply. Therefore, it was concluded that Input Tax Credit balance available in its Electronic Credit Ledger which has been legitimately earned on the inputs can be utilized for payment of outward supply of castor oil seeds. The GST law has subsumed various indirect taxation law but it appears that the points of dispute raised in the erstwhile tax regime are also carried forward in the new regime. The issue regarding proving one-to-one correlation of inputs used for the purpose of outward supplies was also litigated in earlier laws but the matter was settled in favour of the assessee that no nexus is required to be established for inputs and output for the purpose of utilisation of credit by numerous decisions rendered by CESTAT. It is appreciated that similar view was taken by AAAR and the order passed by the AAR was rectified by reversing the same.
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