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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 240 on rationalisation of GST on fly ash bricks

GST Update No 240 on rationalisation of GST on fly ash bricks
The ambiguity as regards applicability of GST rate on fly ash bricks is prevalent in the minds of taxpayers since complicated amendment was made simultaneously vide notification no. 04/2022-Central Tax dated 31.03.2022, 03/2022-Central Tax dated 31.03.2022, 01/2022-Central Tax (Rate) and 01/2022-Integrated Tax (Rate) and 02/2022-Central Tax (Rate) and 02/2022-Integrated Tax (Rate) dated 31.03.2022. The in-depth analysis of the amendments carried out by the above-mentioned notifications can be referred in our earlier GST Update No. 172 titled “Complicated Re-structuring of rates for fly ash bricks.” Recently, in the 47th GST Council meeting, the issue was addressed again and the GST rates on fly ash bricks have been rationalised further. Therefore, CBIC issued couple of notifications in the similar fashion vide Notification No. 06/2022-Central Tax (Rate) dated 13.07.2022, Notification No. 10/2022-Central Tax (Rate) dated 13.07.2022, Notification No. 15/2022-Central Tax dated 13.07.2022 and Notification No. 16/2022-Central Tax dated 13.07.2022. The detailedanalysis of these notifications is the subject matter of discussion of our present update. 
 
We hereby provide the comparative analysis of the amendments made in this regard as follows:-
OLD PROVISION Notification No. 01/2022-Central Tax (Rate)  dated 31.03.2022
 
 
 
This notification seeks to prescribe CGST rate of 6% with ITC on “fly ash bricks or fly ash aggregate with 90% or more fly ash content; fly ash blocks”
NEW PROVISION Notification No. 06/2022-Central Tax (Rate) dated 13.07.2022
 
The amended provision seeks to delete the condition of 90% or more fly ash content thereby leading to the conclusion that the GST rate of 6% with ITC would be applicable for fly ash bricks, fly ash aggregates, fly ash blocks.
 

OLD PROVISION

Notification No. 02/2022-Central Tax (Rate) dated 31.03.2022

 

 

 

This notification seeks to prescribe the CGST rate of 3% on “fly ash bricks or fly ash aggregate with 90% or more fly ash content; fly ash blocks” with the condition that credit of input tax charged on goods or services used exclusively in supplying such goods has not been taken. Moreover, such goods are to be considered as exempt supply attracting the provisions of credit reversal as contained in section 17(2) of the CGST Act, 2017.

NEW PROVISION

Notification No. 10/2022-Central Tax (Rate) dated 13.07.2022

 

The amended provision seeks to delete the condition of 90% or more fly ash content thereby leading to the conclusion that the concessional rate of 3% would be applicable for fly ash bricks, fly ash aggregates, fly ash blocks.

 

OLD PROVISION

Notification No. 03/2022-Central Tax  dated 31.03.2022

[Principal Notification No. 10/2019-Central Tax dated 07.03.2019]

The enhanced threshold limit of Rs. 40 Lakhs will not be applicable for goods such as “fly ash bricks or fly ash aggregate with 90% or more fly ash content; fly ash blocks” whereas the general threshold exemption of Rs. 20 Lakhs would be applicable for the suppliers of said goods.

NEW PROVISION

Notification no. 15/2022-Central Tax dated 13.07.2022

The amended provision seeks to delete the condition of 90% or more fly ash content thereby leading to the conclusion that the enhanced threshold limit of Rs. 40 Lakhs would not be applicable for fly ash bricks, fly ash aggregates, fly ash blocks.

 

OLD PROVISION

Notification No. 04/2022-Central Tax  dated 31.03.2022

[Principal Notification No. 14/2019-Central Tax dated 07.03.2019]

This notification seeks to amend notification no. 14/2019-Central Tax dated 07.03.2019 wherein the threshold limit for availing composition scheme benefit under section 10 of the CGST Act, 2017 was extended to Rs. 1.5 Crores. This notification debars the manufacturers of “fly ash bricks or fly ash aggregate with 90% or more fly ash content; fly ash blocks” from availing the benefit of composition scheme thereby meaning that only traders can opt for composition scheme.

NEW PROVISION

Notification no. 16/2022-Central Tax dated 13.07.2022

The amended provision seeks to delete the condition of 90% or more fly ash content thereby leading to the conclusion that the manufacturers of fly ash bricks, fly ash aggregates, fly ash blocks are debarred from availing benefit of composition scheme and only traders can opt for the same.

 

 

The above initiative of the government in deleting the condition of having 90% or more fly ash content is welcoming as it seeks to bring uniformity and avoid confusion.

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