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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 167 on ITC cannot be denied if one of the mixed supplies attracts NIL rate

GST Update No 167 on ITC cannot be denied if one of the mixed supplies attracts NIL rate
The taxable event in GST regime is “Supply” as defined u/s 7 of CGST Act, 2017. Not only individual supply but also mixed and composite supply plays an important role related to determining appropriate rate of tax. However, time and again, there had been confusion in the minds of taxpayers in this regard as to whether which supply constitutes mixed supply or composite supply or individual supply. One such issue on the same subject matter was raised in front of Gujarat AAR in the case of Shree Arbuda Transport. However, the outcome of decision was challenged further in Gujarat AAAR. The outcome of decision imparted by AAAR is subject matter of our present update. The petitioner is engaged in providing transportation and logistic services, clearing, and forwarding and other allied services related to export and import of cargo and charges single consolidated rate for entire bundle of services. The appellant raised four questions in this regard i.e.: 1. Whether the services are mixed or composite supply? 2. What will be the HSN code of the supply to determine the tax rate? 3. Whether ITC can be availed by the appellant? 4. Whether the client of the appellant i.e. the exporter is eligible to claim refund of GST paid by the appellant? The appellant submitted that since there are number of services provided for which single consideration is charged, therefore, it shall be treated as mixed supply and therefore, chargeable at highest rate of tax i.e. 18%. Furthermore, it was argued that compliance of relevant sections of Input Tax Credit of CGST Act, 2017 is properly done with and hence, entire ITC can be claimed by them. It was submitted that since the client is engaged in making zero rated supply i.e. export, refund of accumulated input credit as regards to input services should be made available to him. The AAAR did not agreed with the views of AAR since no ruling can be provided in absence of signed agreement. It was held that the purpose of providing advance ruling is to help the applicant to determine the tax liabilities. It was observed that appellant is engaged in providing various services for which single consolidated price is charged. Reference was drawn to a draft agreement submitted by the appellant between both of the parties wherein it was observed that as per Scheme of Classification of Services, GTA services of transportation of rice attracts NIL rate whereas all other services attract 18% GST. However, since it is mixed supply, highest rate i.e. 18% shall be chargeable. Regarding second question of allowing cenvat credit , it was held that since he has paid tax on all services as mixed services, hence the credit shall be allowed. Coming on the last question, AAAR restricted itself from answering the question since the question is not related to the appellant who sought he advance ruling but is related to the exporter. The above ruling is welcoming for the business community. The analogy of the decision is clear that when the tax is paid on complete amount then the credit cannot be denied saying that one part of this mixed supply is exempt. Although it is simple common sense that credit will be allowed when tax is paid on complete amount but department does not move on by logics. Hence, it will be very highly helpful to the assessee. But some taxpayer may use it for tax planning. When they intend to take the credit then they can pay the tax on complete amount saying that it is mixed supply.
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