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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 183 on tax implications on perquisites to employees

GST Update No 183 on tax implications on perquisites to employees
Applicability of GST and input tax credit thereon has been a matter of discussion in GST Law since long, especially when the question is related to transportation and catering services provided by employer to the employee. It is well known that services provided by employers to employee in form of food or transportation has a character of perquisite, yet, it is matter of debate among the minds of the taxpayers. Recently, one such issue was raised before Gujarat AAR in the case of M/S EMCURE PHARMACEUTICALS LIMITED. The outcome of this decision is subject matter of consideration of our present update. The applicant provides canteen and transportation facility to its employees without any profit motive which is part and parcel of HR policy. The applicant makes recoveries of the same at subsidized rates and engages a third-party service provider who in turn raises invoices along with applicable GST to the applicant. However, no recovery is made for bus transportation services. The buses are Non-Air-Conditioned having seating capacity of more than 13 seats. The applicant sought advance ruling on following: 1. Whether recoveries made by Applicant for canteen facility are taxable under GST? 2. Whether free of cost transportation taxable under GST? 3. If GST is applicable on transportation, whether applicant is eligible to avail exemption on the same? 4. Whether ITC is admissible to applicant u/s 16 of CGST Act, 2017 and if yes, to what extent? The applicant submitted that the recoveries made from employees are not covered under the ambit of supply as per Section 7 (1) of CGST Act, 2017. Further, it was submitted that the said services do not comes under the ambit CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??4 of business since, the applicant is engaged in business of sales and promotion of pharmaceutical products only and not in the business of providing food to the employees. Reliance was placed on the decision given in the case of STATE OF GUJARAT V/S RAIPUR MANUFACTURING CO. LTD. [Appeal No. 603 of 1966]. Further, since canteen facility is not having any direct nexus with the principal business activity, it cannot be construed as incidental to the main business. References were made to following cases: • DEPUTY COMMISSIONER OF COMMERCIAL TAXES V/S THIRUMAGAL MILLS LTD. [1967 (20) STC 287 MAD] • PANACEA BIOTECH LIMITED VS. COMMISSIONER OF TRADE AND TAXES [(2013) 59 VST 524 (DEL.)] Furthermore, reliance was also placed on the press release issued by the Ministry of Finance dated 10.07.2017 wherein it is mentioned that services by employer to employee under employment agreement will not be subject to GST. It was further contended that the recovery made from the employees does not amounts to supply. Reliance was placed on following rulings: • In Re: M/s Amneal Pharmaceuticals Pvt Ltd., 2021 (9) TMI 1293 – Appellate Authority for Advance Ruling, Gujarat; • In Re: M/s Dishman Carbogen Amics Ltd., 2021 (8) TMI 836 – Authority for Advance Ruling, Gujarat; • In re: M/s Bharat Oman Refineries Limited 2021-VIL-73-AAAR The Madhya Pradesh Appellate Authority For Advance Ruling • M/s Jotun India Private Limited, [2019-TIOL-312-AAR-GST]. Maharshtra Authority for Advance Ruling • Advance Ruling in the case of M/s POSCO India Pune Processing Centre Private Limited [2019 (2) TMI 63]. It was further submitted that the free of cost facility of bus transportation provided by employer to employees is excluded from the scope of supply as defined u/s 7(2) (a) read with Schedule III of CGST Act, 2017. Reliance was placed on following rulings: • In Re: M/s Tata Motors Ltd., 2020 (9) TMI 352 – Authority for Advance Ruling, Maharashtra; • In Re: M/s North Shore Technologies Pvt. Ltd., 2021 (3) TMI 707 – Authority for Advance Ruling, Uttar Pradesh; CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??5 • In Re: Tata Motors Ltd, 2020 (41) G.S.T.L. 35 (A.A.R. - GST – Guj.) • In Re: Dr Willmar Schwabe (I) Private Limited UP ADRG 79/2021 - Authority for Advance Ruling, Uttar Pradesh • In Re: Integrated Decisions and Systems India Pvt Ltd, [GST-ARA-116/2019-20 dated 16.12.2021] It was further contended that transportation of employees through usage of Non-AC buses would come under ambit exemption under Notification No. 12/2017- Central Tax (Rate) dated 28.06.2017. The applicant further stated its own Advance Ruling sought for the state of Maharashtra wherein Maharashtra AAR held that canteen services and bus services by the Applicant to the employees is not covered under the definition of ‘supply’ under GST and hence not liable under GST. It was also argued that it is eligible to avail input tax credit for GST on purchase of Canteen Services since, it is obligatory on the part of employer under Factories Act, 1948 to provide employees with canteen facility. Similarly, it was argued that input tax credit shall be available on bus services since the seating capacity is more than 13 persons. The revenue submitted that issues raised are already settled by Maharashtra AAR vide Order No. GST-ARA-119/2019-20/B-03 dated 04.01.2022. The AAR held that the canteen and transportation activity provided by applicant to its employees are made in the course or furtherance of business but is not the business of the applicant. It was further held that as far as admissibility of GST paid on these services is concerned, it was analysed that Section 17(5)(b)(i) ends with colon : and followed by proviso which ends with semi-colon. These two are important punctuations used to complete a sentence. It is therefore concluded that the legislature intended the said sub-clauses to be distinct and separate alternatives. Reliance was placed on decision of Apex Court in the case of PIL of Shri Jayant Verma v. Union of India, dated 16-2-2018 and Kerala High Court in the case of Mr. Vincent Mathew v. LIC of India dated 15-1-2013 wherein expression colon and semi-colon were explained. It was therefore, held following: 1. GST shall not be leviable on amount collected on portion of canteen 2. GST shall not be leviable on amount collected on free of cost transportation services provided by the applicant CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??6 3. ITC paid on canteen facility stands blocked under Section17(5) of CGST Act, 2017 4. ITC on transportation facility is admissible since the seating capacity of bus exceeds 13 persons. The above issue has been a matter of dispute since there are various contrary rulings pronounced by AARs and AAARs on the same. The ruling is in contradiction with earlier rulings pronounced by Kerala AAR in Caltech Polymers Private Limited and Gujarat AAR in the case of Amneal Pharmaceuticals Private Limited wherein it was held that canteen recoveries amount to supply and liable to GST. On the contrary, in the case of Tata Motors, Gujarat AAR held that GST is not leviable on canteen supply. Although the rulings pronounced by AARs have persuasive value, contradictory views are always a matter of concern for the taxpayers. It is hoped that the Government issues appropriate clarification in this regard so as to avoid any further litigations on the subject.
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PRADEEP JAIN, F.C.A.

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E-mail :pradeep@capradeepjain.com