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Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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GST update No 184 on whether determination of place of supply within scope of AAR?

GST update No 184 on whether determination of place of supply within scope of AAR?
The Advance Ruling under GST laws has been constituted for resolving disputes with respect to specific issues as enlisted in section 97(2) of the CGST Act, 2017. However, at times, certain questions involve examination of points which are indirectly covered under the issues as stated in section 97(2) of the CGST Act, 2017 but it is often observed that AAR refuse to give their ruling on such issues by contending that it is beyond their scope. One such issue was recently raised before hon’ble Karnataka AAR in the case of M/s IBI GROUP INDIA PVT. LTD. wherein AAR held that determination of place of supply is outside the purview of AAR. The outcome of this decision is the subject matter of discussion of our present update. IBI Group India Private Limited “IBI India”, in joint venture with IBI Group Professional Services (Canada) Inc (“IBI Canada”), has entered into a contract with Asian Development Bank, Manilla (“ADB”) for rendering consultancy services (IBI India and IBI Canada are jointly referred to as “IBI” herein. Hence, advance ruling has been sought in respect of the following questions:- a) Whether Consultancy Services rendered to ADB, Manilla would qualify as export of services under section 2(6) of the IGST Act, 2017? b) If the Consultancy Services rendered to ADB, Manilla do not qualify as “export of services”, whether ADB would be required to obtain refund of GST charged on the invoice issued for consultancy services in terms of section 55 of the CGST Act, 2017 or the services would be exempt as per the provisions of the Asian Development Act, 1966? The applicant submitted that they satisfy all the conditions for qualifying the transaction as “export of services” as follows:- • The supplier of service, IBI is located in India. • The recipient of service, ADB is located outside India. • The place of supply of service is outside India if the general provision as stated in section 13(2) of the IGST Act, 2017 is made applicable which states that place of supply shall be CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??5 location of service recipient. It was contended that as the consultancy services are not directly related to immovable property, the provision contained in section 13(4) stating place of supply to be immovable property would not be applicable. It is worth mentioning that the consultancy services is with respect to transit-oriented development plan in respect of construction of new metro lines in Bangalore. • The payment of such service is received in convertible foreign exchange. • The supplier of service and the recipient of service are not merely establishment of distinct person. It was also pointed that even if it is contended that the place of supply of service is location of immovable property, i.e., India so the transaction cannot be considered as export of service, then too, the refund is available of GST paid on services provided by ADB in terms of section 55 of the CGST Act, 2017 read with notification no. 16/2017-Central Tax (Rate) dated 28.06.2017. Even otherwise, the services provided by ADB are exempted under Article 56 of ADB Act. The applicant also stated that determination of place of supply is essential to decide whether service qualifies as export of service or not which in turn would determine the liability of the applicant to pay taxes on services which is squarely covered within “determination of liability to pay tax on any goods or services or both” in terms of section 97(2)(e) of the CGST Act, 2017. The applicant has also placed reliance on the decision rendered by Hon’ble Kerala High Court in the case of SUTHERLAND MORTGAGE SERVICES INC VERSUS PRINCIPAL COMMISSIONER AND OTHERS [2020 (3) TMI 186] to support their submission. The AAR held that as per section 96 of the CGST Act, 2017, AAR constituted under the State Act shall be deemed to be the authority in respect of CGST Act, 2017 also. Thus, AAR is constituted under the respective State Act and not the Central Act. This means that the ruling given by the said Authority will be applicable only within the jurisdiction of the concerned State and so determination of place of supply cannot be raised before AAR. It was also stated that determination of place CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??6 of supply is not covered under section 97(2) of the CGST Act, 2017 so cannot be answered by the AAR. Reliance was also placed on the decision given by Karnataka AAR in the case of M/s Eicher Volvo Commercial Vehicles Ltd., Bengaluru and M/s Toshniwal Brothers (SR) Pvt. Ltd., Bengaluru. Therefore, the application filed by the applicant was rejected as beyond the scope of AAR. The above decision depicts the contradictory views of AAR on the same issue and not following the decision rendered by Kerela High Court. It is settled principle of law that judicial discipline needs to be followed by the subordinate authorities but it is often observed that the decisions of High Courts are not applied by stating that the facts and circumstances are different. Such an approach leads to unwarranted litigation.
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