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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 165 on GST payable on hostel services

GST Update No 165 on GST payable on hostel services
Levying of tax on the educational sector is a delicate but an important concern because, education is not just a business, but more of a social task which polishes our future generation. Government plays an important role by providing free and compulsory elementary education to every child. With the passage of time, commercialization of education has increased tremendously wherein the industry is moving towards earning high profits. Amid all this chaos, to maintain a symmetry, GST Act has kept core educational services provided/ received by the educational institutions out of tax bracket by virtue of Exemption Notification No. 12/2017 dated 28.06.2017 while other services are taxable at 18%. One issue linked to the subject line was raised in front of Rajasthan AAR in the case of M/s Mody Education Foundation wherein the advance ruling was sought as regards to GST liability in the case of hostel services provided. The decision imparted in the said case is subject matter of our present update. The applicant (MEF) is registered as a Society under Societies Registration Act, 1860. It is established as an educational institution engaged in providing various services to the students. It is running a CBSE affiliated school from class 3rd to 12th . There is one more entity Mody University of Science & Technology (MUST) which provides educational services to its students. Since, MEF was having surplus infrastructure facility, the same is let out to MUST and rent collected in this respect is chargeable at 18% GST. MUST is collecting hostel fee from its students which includes lodging, boarding and serving food in the hall and is exempt under GST under Entry No. 66 of Notification No. 12/2017. MEF shall collect charges from students directly amounting to less than Rs. 1000/- per day. MEF is of the opinion that hostel facility charges are exempt from GST vide Entry 14 of Notification No. 12/2017. Reference was made to Circular No. 32/06/2018-GST dated 12.02.2018. The applicant contended that since the above entry of providing lodging, boarding and food facility along with hostel facility is covered under ambit of composite supply and stands exempted since the principal supply is exempted. It was argued that the said services belong to SAC Group 9963 and therefore, stands exempted vide Entry 14 of Notification No. 12/2017. However, services supplied independently to the clients do not belong to the said Group and hence, are liable to tax at applicable rates. Reliance was placed on decision of Karnataka AAR in the case of Re Srisal Luxurious Stay LLP 2020 (36) G.S.T.L.462. The AAR analyzed and examined the provisions of GST Act. It was analyzed that it falls withing the definition of supply as per Section 7 of CGST Act, 2017. It was clarified that since no mention of number of students will stay in room is declared by the applicant therefore, there is no clarity of tariff value of a unit of accommodation, GST rates as per Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017 shall be applicable. Concluding the above, it was held that since ingredients of composite supply do not exist as there the said supplies are not naturally bundled, the above supply will be mixed supply and consequently, chargeable at the highest rate of tax. Reliance made by the petitioner on M/s. Srisai Luxurious Stay LLP., Karnataka vide Advance Ruling No. KKR ADRG 20/2020, dated 31.03.2020], M/s Logic Management Training Institutes Pvt. Ltd. Kerla vide Advance Ruling No. KER/76/2019, dated 20.05.2020 was rejected on the basis that the facts of the above cases are different from the present case. The above subject matter has been a mater of discussion since long. The Courts and AAR are flooded with the said cases wherein clarification is sought by the applicant on the above subject matter. To illustrate in the case of Resonance Eduventures Limited, Rajasthan AAR held that supply of coaching services along with printed material, test papers, unforms etc. amounts to mixed supply and therefore, chargeable at highest rate of tax. However, there are various divergent views on the same which are disheartening for the taxpayers. To quote, recently, Karnataka AAR in the case of Ghodawat Eduserve LLP (GSTARA 72/2019-20/B-51) stated that no GST shall be leviable on hostel accommodation since it is only residential dwelling and there is no other supply and hence, it is covered under Entry No. 14 of Notification No. 12/2017 dated 28.06.2017. It is worth mentioning over here that although the advance rulings are binding on the applicant who sought the same, yet, looking at the present scenario, clarification from Government is this regard will be highly appreciated.
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