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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 188 on conditional exemption to merchant exporter

GST update No 188 on conditional exemption to merchant exporter
The Government has granted various incentives to the exporters in order to promote exports as they bring foreign exchange in the Country. One of such incentive was introducing the concept of merchant exporter who contribute almost a third of India’s exports in terms of value vide Notification No. 41/2017 dated 23.10.2017. However, time and again the confusion regarding the applicability of the said notification prevail in the minds of assessee for which advance rulings are filed. One such issue regarding applicability of exemption to merchant exporter was raised before Karnataka AAAR in the case of TIME TECHNOPLAST LTD. The decision imparted in this respect is subject matter of our present update. The applicant is engaged in manufacture of packaging material including HDPE Drums, Jeerycans etc. The goods are supplied to the exporter holding IEC code. The goods are billed to the aforesaid party and shipped to the premises of chemical manufacturer who manufactures ethyl alcohol and packs the same in HDPE drums. Advance ruling was sought by the appellant on the applicability of Notification No. 41/2017 dated 23.10.2017 i.e. of Merchant Exporter since goods are supplied on bill to ship to model. The AAR passed unfavourable ruling and therefore, it is further challenged before Karnataka AAAR. The appellant contended that the AAR adopted a narrow interpretation of the condition of the notification that the recipient has to move goods ‘directly’ to the port or to the warehouse. It was argued that the word supply as mentioned in the notification has a wider meaning as defined u/s 7 of CGST Act, 2017. Furthermore, Section 10 of IGST Act, 2017, recognises the said supply as inter state supply of goods as per the scenario of the present case. It was argued that strict interpretation of the Notification would render it dysfunctional since as per AAR the said supply amounts to intra state supply since the place of supply and location of supply are in the same state i.e. the premises of the supplier and therefore, the said notification does not apply. The appellant contended that as per CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??5 the scheme of Notification, the main point of discussion is whether the goods received by recipient are exported within a period of 90 days. It was submitted that the goods are delivered to the manufacturer of chemicals only for the purpose of filing chemicals and are thereafter, exported directly to the port. During the said process, the drums do not undergo any change and are clearly identifiable which establishes the fact that the drums are actually supplied and exported in the same condition. It was further argued that the GST Law recognises the fact the registered person is deemed to have received the goods where the goods are delivered by supplier to recipient or any other person on the directions of the recipient. Furthermore, supplying of goods was a commercial necessity since recipient cannot received the drums and chemical from the concerned suppliers in the factory, aggregate the both and then export the goods. This practice is prevalent in the industry and in various parts of the country. Therefore, it was submitted that the rationale behind Condition No (vii) is substantially met. It was further contended that the term ‘registered warehouse’ is nowhere defined in GST Law. Therefore, the term ‘place of business’ includes a warehouse since the term ‘registered warehouse’ is nowhere defined under GST Act. It was argued that in case of conditional beneficial exemption notification, beneficial purpose must be given effect to. Reliance was made on the decision of Apex Court in the case of Mother Superior Adoration Convent (2021-TIOL-156-Supreme Court) wherein it was held that objective behind the statute must be looked into. Since the basic objective behind introduction of the aforesaid Notification is to encourage exports and removal of bottleneck of working capital on account of taxes. Reference was also made to the Supreme Court’s decision in the case of C.Ex. Shillong V/s North Eastern Tobacco (2002 (146) ELT 490), Mangalore Chemicals & Fertilizers V.s Deputy Commissioner, Commissioner of Customs (Preventive), Amritsar V/s Malwa Industries wherein it was held that exemption should not be denied merely because of some small procedural lapses. Therefore, the benefit of the exemption must be granted. The AAAR held that in the GST regime notification stands applicable subject to fulfilment of prescribed conditions. It was further stated that the term warehouse cannot be used parallel to the term place of business. The same CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??6 was further supported by the definition of warehouse as mentioned under the Customs Act, 1962. It was held that since the sugar factory of production and warehouse are separate premises having distinct objectives, the goods stored in the factory belongs to factory and not the warehouse because of which, the condition prescribed under the Notification is not fulfilled. It was further opined that it is settled principle that the benefit of conditional exemptions cannot be extended even on non-fulfilment of the conditions prescribed therein. It is only in the ambiguous situation that liberal meaning is to be derived. Therefore, it was held that since the term warehouse cannot be referred to include the word factory premises, it is concluded that the applicant failed to fulfil the conditions as prescribed in the notification. Therefore, the decision of the AAR was upheld. The above referred ruling is unfavourable to the situations wherein merchant exporter undertakes ‘bill to ship to’ model as the meaning of “warehouse” has been strictly interpreted by the AAR. The courts have held that conditional exemption notifications must be strictly interpreted but in our view, exemption notifications implemented for exporters should be liberally interpreted as they contribute to enhancement of foreign reserves of the Country.
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