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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 242 on availability of ITC on demo cars

GST Update No 242 on availability of ITC on demo cars
The availability of Input Tax Credit on demo cars has been a matter of extensive litigations and disputes since inception of GST regime. The confusion in this respect prevails in the minds of taxpayer day in and day out. Despite of various advance rulings are sought by the aggrieved applicants, it is quite disheartening that the issue under consideration has not come to an end. Once again, one more advance ruling was reported in the same beeline before West Bengal AAR in the case of M/s Toplink Motorcar Private Limited. The decision imparted in this case is subject matter of our present update. The applicant is an authorised dealer of Hyundai Motor India Limited for supply of various ranges of motor vehicles and carrying on business activities as an authorised service station. The applicant submitted that the vehicles were purchased against the tax invoices and are capitalised in the books of accounts. The vehicles are displayed as demo cars for customers to make them understand the features of vehicles. Advance ruling was sought by the applicant as to whether the input tax credit shall be available in respect of outward sale of vehicle. The applicant submitted that the demo cars purchased are an essential part of marketing and sales and promotion to facilitate sale of cars. Reliance was placed on various advance rulings such as M/s Titania Products Private Limited, M/s Titan Motocorp, M/s Singhania Future Private Limited wherein the Jharkhand AAR delivered that Input credit can be availed on demo cars subject to certain prescribed conditions which are as follows: - 1. Maximum of one demo car of each model must be maintained by the company till final disposal and before acquiring new demo car. Further, it should be shown as capital goods. 2. No depreciation is to be claimed on it. 3. GST Liability is to be created upon sale of demo car u/s 18 4. Separate account is to be prepared of inward and outward supply of demo cars along with balance sheet and P&L. Reliance was also placed on the advance ruling pronounced in the matter of Chowgule Industries (P) Ltd and decision of Kerala AAR in the case of M/s A.M. Motors wherein it was delivered that no restriction is imposed u/s 17 of CGST Act, 2017 and thereby, input tax credit can be availed by the taxpayer. The Revenue refrained from expressing any view in this respect. The AAR observed that applicant is engaged in business of supplying cars to the customers for which demo cars are also purchased for demonstration/ test drive purpose. The demo cars are kept with applicant only for limited purpose. In this respect, it was held that a test dive policy was furnished by the applicant wherein usage time of demo cars is to be 12 months from the date of approval. These demo cars are supplied further at applicable tax rates once the test drive period is over. Reference was made to Section 16 and 17 of CGST Act, 2017. It was held that the applicant maintains a stock of demo vehicle and thereafter supplies the same at lower price. Further, in accordance with the restriction u/s 17 (5)(a)(A) of CGST Act, 2017 i.e. ITC shall be available provided supplier is engaged in making further supply. However, since no there is no time limit prescribed for making further supply, ITC shall be available to the taxpayer being in the course and furtherance of business. Further, the word “such” in the said Section bears a wide connotation and does not put any restriction in respect of supply of demo cars. Therefore, it was concluded that the input tax credit in this respect can be claimed by the applicant concerned. The above ruling although being in favour of the trade and industry has once again increased the burden of taxpayers and does not serve the desired objective. There had been various divergent rulings pronounced by the AAR as regards to the subject matter. To illustrate, Haryana AAR in the case of M/sBMW India Pvt. Ltd., M/s Platinum Motocorp LLP delivered that input tax credit shall not be available on demo cars. Although it is well known that the advance rulings are pro-revenue, however, a due clarification from Government’s end is what is anticipated at the earliest possible to put an end to these unwanted litigations in the near future. Failing this, the assesses will continue to suffer the ill-effects and harassments from the revenue department in addition to high cost of litigation.
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