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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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GST UPDATE No 196 ON REPERCUSSIONS OF SC DECISION QUASHING LEVY OF GST ON OCEAN FREIGHT

GST UPDATE No 196 ON REPERCUSSIONS OF SC DECISION QUASHING LEVY OF GST ON OCEAN FREIGHT
In our previous update we had discussed the reasoning adopted by the Hon’ble Supreme Court wherein it was concluded that the transaction of service element of transportation of goods by foreign shipping line engaged by foreign exporter in CIF contract of sale of goods is composite supply under section 2(30) of the CGST Act, 2017 which is liable to tax as principal supply as per provision contained in section 8 of the CGST Act, 2017. It was also held that although as per section 7(3) of the CGST Act, 2017, the Central Government has the power to notify an import of goods as import of services and vice-versa; there is no such power to interpret composite supply of goods and services as two segregable supply of goods and supply of services. Hence, the Supreme Court agreed with the view of the Gujarat High Court that a tax on supply of a service which has already been included by the legislation as a tax on the composite supply of goods cannot be allowed by treating the transaction of sale of goods and ocean freight as separate. The repercussions of this decision are the subject matter of discussion of our present update. The analogy adopted by the Apex Court appears to distort the concept of taxation at multiple stages under GST law to facilitate formation of a valid input tax credit chain. There are numerous transactions wherein the GST is being levied more than once on the premise that the input tax credit is anyways available to the recipient. To illustrate- A Chartered Accountant providing representational services to a client claims various out of pocket expenses incurred such as accommodation services, travelling cost etc. on which GST is already being paid by the service provider. The Chartered Accountant while raising bill to its clients includes such charges as a part of composite supply and charges GST @18% as applicable on consultancy services inspite of the fact that the expenses incurred might have suffered lower GST rate of 12% or 5%. However, it is settled principle that the Chartered Accountant will avail the input tax credit of the tax so paid to the CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??5 service providers and will charge GST @18% from its clients which is the basic framework of the GST regime. However, if the ratio of the above cited judgment is applied, it may lead to absurd results as the chartered accountant may plead that since the tax on such charges is being levied as a part of the composite supply, the said charges cannot be subject to levy of GST by the service provider of accommodation services/travelling expenses. Similarly, in case of domestic supplies wherein transportation charges are included in the value of taxable supply of goods, the assessee may contend that they are not liable to pay GST under reverse charge mechanism on the transportation charges paid to the GTA service provider as the said transportation charges are inevitable part of the composite supply of goods and cannot be taxed separately. However, it is pertinent to mention that the practically, the assessees are paying GST on the transportation charges at the GST rate applicable to the products in case of composite supplies and are also paying GST under reverse charge mechanism on the transportation charges. It is different matter that input tax credit of the tax paid under reverse charge mechanism on the transportation charges is admissible to the assessee. In our opinion, if the ratio of the Supreme Court decision is made applicable, then assessees may contend that GST will not be leviable separately on all the supply of goods and services which are part of the composite supply which definitely does not appear to be the intention of the legislature. It is submitted that although the decision is a boon to the assessees as it seeks to quash the levy of GST on ocean freight which is revenue neutral situation but at the same time, the reasoning adopted may lead to chaos with respect to normal transactions as discussed above. There is high probability that the judgment will be reviewed.
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