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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 172 ON COMPLICATED RE-STRUCTURING OF RATES FOR FLY ASH BRICKS

GST UPDATE No 172 ON COMPLICATED RE-STRUCTURING OF RATES FOR FLY ASH BRICKS
Recently, a couple of notifications have been issued with respect to change in GST rate of fly ash bricks along with change in composition scheme notification which has led to confusion as regards the alternatives available to the suppliers of fly ash bricks. It is being reported that the GST rate of 6% without input tax credit facility is under special composition scheme but in-depth analysis of the notifications reveals an entirely different picture. The interpretation of the amendments made for change in rate of fly ash bricks is the point of discussion of our present update. Before proceeding to the analytical portion, the relevant notifications are briefly summarised as follows:- NOTIFICATION NUMBER DATE SUBJECT MATTER 04/2022- Central Tax 31.03.2022 This notification seeks to amend notification no. 14/2019-Central Tax dated 07.03.2019 wherein the threshold limit for availing composition scheme benefit under section 10 of the CGST Act, 2017 was extended to Rs. 1.5 Crores. This notification debars the manufacturers of fly ash bricks from availing the benefit of composition scheme thereby meaning that only traders can opt for composition scheme. It is worth mentioning here that the principal notification no. 14/2019-Central Tax dated 07.03.2019 prescribes that tax shall be payable as stated in Rule 7 of the CGST Rules, 2017 which is 1% of the turnover of CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??4 taxable supplies of goods and services in the State or Union Territory. 03/2022- Central Tax 31.03.2022 This notification seeks to amend notification no. 10/2019-Central Tax dated 07.03.2019 wherein exemption has been granted to any person engaged in exclusive supply of goods and whose aggregate turnover in the financial year does not exceeds Rs. 40 Lakhs. This notification provides exception wherein the enhanced threshold of Rs. 40 Lakhs will not be applicable for goods such as fly ash bricks. Hence, it indicates that the general threshold exemption of Rs. 20 Lakhs would be applicable for the suppliers of fly ash bricks. 01/2022- Central Tax (Rate) and 01/2022- Integrated Tax (Rate) 31.03.2022 This notification seeks to delete the entries of fly ash bricks from Schedule-I prescribing CGST rate of 2.5% and insert the said entries in Schedule-II prescribing CGST rate of 6%. The above rates have been prescribed taking into account the fact that input tax credit would be admissible to the supplier and recipient of such goods. 02/2022- Central Tax (Rate) and 02/2022- Integrated Tax (Rate) 31.03.2022 This notification seeks to prescribe the CGST rate of 3% with the condition that credit of input tax charged on goods or services used exclusively in supplying such goods has not been taken. Moreover, such goods are to be considered as exempt supply attracting the provisions of credit reversal as contained in section 17(2) of the CGST Act, 2017. The key points of analysis of the above notifications are as follows:- CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??5 1. Whether supplier of goods has the option to avail either of the rate notification? It is submitted that the notification no. 01/2022-Central Tax (Rate) dated 31.03.2022 seeks to amend the rate notification prescribing various Schedules of GST rates. Furthermore, notification no. 02/2022-Central Tax (Rate) dated 31.03.2022 is an exemption notification prescribing concessional GST rate of 6% with the condition of non-availment of ITC. In our opinion, the supplier has option to avail either of the notifications and there is no compulsion as regards applicability of particular notification. Furthermore, it is reiterated that the notification no. 02/2022-Central Tax (Rate) dated 31.03.2022 is not a notification issued under the special composition scheme. This is for the reason that one of the major conditions for availing the benefit of composition scheme is that the supplier cannot make inter state supply of goods whereas it is worth noting that the notification prescribing GST rate of 6% without input tax credit facility has also been issued in Integrated Tax (Rate) section which proves that the notification is not for special composition scheme. Apart from above, it is submitted that composition scheme prescribes the rate of GST as a percentage of turnover whereas the notification no. 02/2022- Central Tax (Rate) dated 31.03.2022 does not prescribe the GST rate as a percentage of turnover thereby meaning that it is not composition scheme notification. It is further submitted that although the notification is issued under section 11(1) of the CGST Act, 2017, it is not mandatory for the supplier to compulsorily opt for the exemption benefit because as per the explanation contained in section 11(3) of the CGST Act, 2017, where an exemption in respect of any goods or services or both from the whole or part of the tax leviable thereon has been granted absolutely, the registered person supplying such goods or services or both shall not collect the tax, in excess of the effective rate, on such supply of goods or services or both. It is worth mentioning that the notification no. 02/2022-Central Tax (Rate) dated 31.03.2022 grants conditional exemption subject to fulfillment of the condition of non-availment of input tax credit. Consequently, the supplier has option to avail either of the rate notifications. CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??6 2. Whether notification no. 02/2022-Central Tax (Rate) dated 31.03.2022 is to be considered as special composition scheme or not? As per the analysis detailed in point no. 1, notification no. 02/2022-Central Tax (Rate) dated 31.03.2022 is an exemption notification prescribing concessional GST rate of 6% subject to fulfillment of condition of non-availment of input tax credit. Therefore, it is not to be treated as notification issued under special composition scheme. 3. Whether accumulated input tax credit can be utilised by the supplier opting for GST rate of 3% without ITC facility? It is submitted that the notification no. 02/2022-Central Tax (Rate) dated 31.03.2022 prescribes that the benefit of 6% GST would be available only when the credit of input tax charged on goods or services used exclusively in supplying such goods has not been taken thereby meaning that there is no embargo in utilising the accumulated balance of input tax credit in discharging output tax liability by the supplier of goods. In this respect, reliance may be placed on judicial pronouncements rendered in erstwhile regime that have held that credit legitimately earned by the assessee cannot be lapsed. The decisions along with their citations are referred as follows:- • EICHER MOTORS LTD. VERSUS UNION OF INDIA [1999 (106) E.L.T. 3 (S.C.)] • SHANKESHWAR FABRICS (P) LTD. VERSUS UNION OF INDIA [2009 (248) E.L.T. 106 (RAJ.)]- It was held that even after opting under the compounded levy scheme, the petitioner is entitled to utilise credit on goods manufactured prior to 10.12.1998 under notification no. 36/1998-CE as right recognised cannot be extinguished. • SHABNAM PETROFILS PVT. LTD. VERSUS UNION OF INDIA [2019 (29) G.S.T.L. 225 (GUJ.)]- It was held that notification no. 20/2018-Central Tax (Rate) dated 26.07.2018 stating that accumulated input tax credit on specified fabrics lying unutilised in balance after payment of tax for and upto the month of July, 2018 shall lapse is ultra vires and beyond the scope of section 54(3)(ii) of the CGST Act, 2017. CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??7 Hence, in view of the above cited decisions, there is no restriction in utilizing the unutilised balance of input tax credit by the suppliers opting for GST rate of 6% with the condition of non-availment of ITC. Aggregate Turnover (in Rs.) Exemption from taking GST registration Composition Scheme Whether GST can be charged from recipient? Rate of Tax Whether ITC available to the supplier? Whether ITC available to the recipient? Trader/Manu facturer having turnover Upto Rs. 20 Lakhs Yes __ __ __ __ __ Trader having turnover as 20 Lakhs to 1.5 Crores No Yes No CGST = 0.5% SGST= 0.5% No No Trader having turnover above Rs. 1.5 Crores No No If rate of CGST is opted as 3%-Yes. If rate of CGST is opted as CGST =3% SGST= 3% CGST =6% SGST= No Yes Yes, subject to provisions contained in section 17(5) of the CGST Act, 2017. CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??8 4. What difference does it make if the notification no. 02/2022-Central Tax (Rate) dated 31.03.2022 is considered as exemption notification and not notification for composition scheme? It is submitted that if the notification no. 02/2022-Central Tax (Rate) dated 31.03.2022 is considered as exemption notification, the difference will be that GST can be charged from the recipient of goods but when benefit of composition scheme is availed, no GST can be charged from the recipient of goods. The only probable reason for treating the said notification as special composition scheme by the department can be to deny the benefit of inverted duty structure. However, it is worth mentioning that the question of claiming refund of accumulated input tax credit on account of inverted duty structure does not arise when GST rate of 6% without ITC is opted for. Moreover, if the supplier opts for GST rate of 12% with ITC facility, refund of accumulated input tax credit can be claimed by them as cement used with fly ash bricks attracts GST rate of 28%. Hence, the myth to consider the notification as issued under special composition scheme is not understandable. 5. Total alternatives available to the supplier of such goods:- We hereby summarise the total alternatives available to the supplier of fly ash bricks in view of the amendments made as stated above:- The above analysis clearly reveals the complexity in interpreting the amendment made with respect to change in rate of fly ash brick. It is hoped that the government resorts to easy amendment policies so that the motive of simple and easy tax reform is accomplished.
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