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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 176 on exemption on service provided in relation to ASSET examination

GST Update No 176 on exemption on service provided in relation to ASSET examination
Bringing education sector under the preview of taxation has always been a sensitive issue since beginning as education is seen more as a social activity rather than commercial one. It is constitutional obligation of the government to provide free education and therefore, exemption has been provided in this respect. However, recently an issue was raised before the hon’ble Gujarat High Court in the case of EDUCATIONAL INITIATIVES PVT LTD V/S UNION OF INDIA as to whether conduct of examination by the applicant will be covered under the exemption granted with respect to services provided to the educational institutions. The petitioner filed application before AAR wherein it was held that the benefit of exemption notification is admissible to the petitioner. However, the revenue authorities filed appeal against the said order passed by AAR before Appellate Authority for Advance Ruling wherein the issue was decided against the assessee. Thereafter, aggrieved by the Order passed by the Appellate Authority of Advance Ruling, the present writ petition has been filed before the Rajasthan High Court. The decision imparted in this respect is subject matter of present update. The applicant is a private limited company engaged in products and solutions used in education segments. An advance ruling was sought as to whether the services by it to educational organisation related to ASSET examination is covered under exemption. It is mandatory for the students to give ASSET exams which are being conducted by schools in their own premises and marks are given after due weightage to the students ASSET score in semester and final exams. The exams can be taken either in online or in offline mode. The GAAAR rule out that the said activity is not exempted since services are not provided to the school and school is just a body by which fee is collected from the students, administration cost of which is provided to school. Reliance was placed on the “Flyer” issued by CBIC. CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??5 The applicant therefore filed a Writ Application contending that GAAAR has erred in its approach without deliberating the difference between “assessment” and “examination”. It is further submitted that if the interpretation of the AAAR is adopted, it shall defeat the fundamental intent of Government to provide exemption to schools and colleges providing education facility. Reliance was placed on Circular No. 151/07/2021-GST dated 17.06.2021 issued by CBIC. Further, reliance was placed on the decision of West Bengal AAR in the case of ASHOK KUMAR BASU 2018(10) TMI, M/S. EDUTEST SOLUTIONS PVT. LTD., GUJARAT AAR (2018 (10) TMI 201) AND M/S. THE BANGALORE PRINTING AND PUBLISHING CO. LTD., KARNATAKA AAR (2019 (11) TMI 157 wherein it was held that service to educational institution includes services relating to conduct of examination such as service of printing question papers is exempt from GST. The Counsel of respondent submitted that AAAR has lawfully and correctly imparted right order. It was argued that the word “relating to” used in the S. No. 66 of the Notification No. 12/2017 dated 28.06.2017 cannot be interpreted in a manner to enlarge the scope of entry to include the ASSET within the scope. The Court held that the term “education” is not defined. Therefore, reference was made to the decision of Apex Court in the case of SOLE TRUSTEE, LOKA SHIKSHANA TRUST VS. CIT, (1976) 1 SCC 254 : AIR 1976 SC 10. It was held that the word education has a wider meaning covering all the matter related to imparting and controlling education. Reliance was further placed on the decision of Supreme Court in the case of K. SHYAM SUNDER (2011) 8 SCC 737 wherein it was held that examination is always considered as a best measure which revolves around education and evaluates the performance of the candidate. In the present case, the applicant is suppling ASSET to various educational institution which are covered under the definition of educational institution. It was stated that two conditions are to be satisfied to be eligible for the exemption. Firstly, the recipient of services should be educational institution and secondly the services should be in the nature of education. Further, it was held that the term “in relation to” has been a matter CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??6 of interpretation in various courts. Reliance was placed on decision of Apex Court in the case of DOYPACK SYSTEMS (P) LTD VS UOI 1988 (36) ELT 201 SC wherein it was held that the said word carries a wider meaning. It was further held that it is well-settled that even in tax statutes, an exemption provision should be liberally interpreted to achieve the basic objective and intention of the exemption. Therefore, it was held that the services shall be exempt vide Notification No. 12/2017 dated 28.06.2017. The above ruling is a sigh of relief for the taxpayers engaged in providing ancillary educational services. The above subject matter has been prone to litigations since inception as the Courts are flooded with number of cases on the same. To illustrate, in the case of MANAGEMENT & COMPUTER CONSULTANTS, WEST BENGAL AAR, it was held that no GST shall be leviable on services related to conduct of examination for education board. The above decision by Gujarat High Court is having a binding effect on the department. It is high time the authorities should follow these Judicial Pronouncements and avoid taking unreasonable steps resulting into harassment of tax payers.
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