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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 152 on leviability of GST on Guest Lectures by professor

GST Update No 152 on leviability of GST on Guest Lectures by professor
The concept of Advance Ruling plays a vital role, particularly when there is confusion as regards the applicability of exemption notification to the assessee. At times, there is situation wherein goods/services appear to be covered under more than one exemption entry and there is confusion as regards the taxability of the said goods/services. Recently, the issue regarding leviability of GST on the guest lectures rendered by professor was raised before Karnataka AAR in the case of SRI SAIRAM GOPALKRISHNA BHAT. The analysis of this decision is subject matter of our present update. The applicant is a Professor of Law at National Law School of India University, Bengaluru and is engaged in classroom teaching of students. The applicant sought advance ruling as to whether the income earned for conducting Guest Lectures amounts to taxable supply of service. Further, whether income earned from research and training projects sponsored by the Ministry of Government is a taxable supply, taxed at NIL rate as per Heading 9992 or at 18% under Heading 9983. The applicant contended that the services provided by way of training is recreational activities related to art and culture and hence, exempt under Entry No. 80 of the notification no. 12/2017. The applicant further submitted that teaching and training under research program granted by Government of India is nature of pure services under Article 243G or 243W of the Constitution of India. Further, the said activities are covered under serial no. 72 of Notification No. 12/2017 since the entire expenditure is borne by Government and it stands exempted from tax bracket. The applicant also submitted MOU between Ministry of Environment and Centre of Environment Law Education in support of the contentions placed by them. Reliance was placed on the decision of Apex Court in the case of LOKA SHIKSHANA TRUST wherein it was held that ‘education’ was defined as a process of training and developing knowledge, skill and character of students by normal schooling. The AAR held that the services provided by the applicant as a guest lecturer is not covered under the list of exemption of educational activity since it is not known that the guest lecture is part of the curriculum designed by the educational institution. Further, the applicant is providing guest lectures on law and legal awareness and not on art and culture. Therefore, it shall not be covered under Entry No. 80 pertaining to recreational services. It was held that the services provided by the applicant in the capacity of guest lecturer shall be taxable at 18% GST as the same is covered under “other professional, technical and business services”. Moreover, it was stated that in order to claim exemption of Entry No 72, two conditions are required to be fulfilled i.e. training services to be provided only to Government and total expenditure is to borne by Government itself in this regard. Furthermore, it was held that there is no privity of contract between Ministry of Environment, Government of India and the applicant. Therefore, it was concluded that the above service shall stand taxable at the rate of 18%. The above decision is yet another example that reflects that the exemption notifications are to be interpreted in a strict manner as merely providing guest lectures to an educational institute would not entitle the lecturer for exemption unless and until it is established that the said lectures were part of the curriculum offered by the educational institute. However, GST liability may be avoided in this case if the guest lecturer is on the payroll of the educational institute and there exists employer/employee relationship between them but practically the guest lecturers are not employees of the educational institute. The efforts of the applicant to get the transaction covered under either of the exemption entries-3, or 72 or 80 of the notification no. 12/2017-Central Tax were in vain as the AAR concluded that the said services are liable to GST at the rate of 18%.
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