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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 256 on GST implications on administration of Covid-19 vaccines

GST Update No 256 on GST implications on administration of Covid-19 vaccines
It is well known fact that health care sector is one of the most sensitive sectors wherein levy of GST is prone to litigation as the ultimate intention of the government is to provide free medical facilities to the citizens of the Country. The outbreak of Covid-19 placed a need to safeguard the interests of the citizens and after several clinical trials, vaccination drive being one of the significant leaps in India’s public health started to play its role. However, doubts were in the minds of assessees as to whether the said supply shall be covered under Health Care Services and thus, exempted from levy of GST. Recently, one case was reported before Andhra Pradesh AAR in the case of M/S KRISHNA INSTITUTE OF MEDICAL SCIENCES LIMITED wherein it was enquired as to whether administering of COVID-19 vaccination by hospitals is supply of good or supply of service. The decision imparted in this case is the subject matter of discussion of our present update.
 
The appellant is a multi-specialty hospital engaged in rendering health care services which are exempted vide Notification No. 12/2017 dated 28.06.2017. The company also supplies pharmacy based on prescription to outdoor patients on which tax is levied. The company was permitted to administer the Covid-19 vaccine. The process of administration of vaccine was explained in detail specifying that health care personnel who administers vaccine should be authorised medical practitioner and should have received competency-based training on vaccine administration. The Government’s institute i.e. NEGVAC will guide the aspects of covid-19 vaccine. Further, it was stated that administration process involves pre-vaccine, vaccination and post-vaccination process. The appellant sought an advance ruling on following issues:
1.     Whether the administration of Covid-19 vaccination by hospitals is supply of goods or supply of services?
2.     Whether administration of vaccine qualify as “health care service” and thereby stand exempted from levy of tax?
3.     Whether administrating of Covid-19 vaccine by clinical establishment is exempt under GST?
 
The appellant referred to definitions of goods, services, composite supply and healthcare-services as defined under Notification No. 12/2017 dated 28.06.2017. It was further submitted that vaccines vial is not available for sale by pharmacy and the beneficiaries are not at liberty to get vaccinated by themselves or by any other person other than medical professional. Further, the beneficiaries visit hospital to get vaccination directly injected into the body. Therefore, it should not be considered as supply of goods. Further, various activities undertaken during the process of vaccination were considered concluding that the vaccination involves combination of supply of goods and services and thereby it is termed as composite supply. As regards to health care services, it was argued that the process is undertaken for the care of beneficiaries to develop their immunity against the chronic illness and hence, it shall stand exempted being health care service vide Notification No. 12/2017- Central Tax Rate.
 
The AAR discussed as to whether administering of Covid-19 vaccine by hospital is supply of goods or services or both. It was concluded that there are two activities in the transaction, sale of vaccine being supply of goods and administering of vaccine being supply of service. Therefore, in the present case it is composite supply which is naturally bundled and principal supply being supply of goods since it is a choice of recipient which vaccine to be injected i.e. Covishield or Covaxin. Therefore, sale of vaccine shall be chargeable at the rate of 5%. As far as exemption is concerned, it is stated that inpatient services are exempted under GST and supply of vaccine is nowhere covered under inpatient services. Therefore, the given supply is not exempted under Health Care Services.
 
The above decision is yet another example to support the fact that advance ruling authorities are following pro-revenue approach and delivering adverse rulings. It is pertinent to mention here that recently the Apex Court in the case of Mohit Minerals V/s Union of India delivered that it is not possible to bifurcate the service portion in a composite supply so as to levy GST on the said service portion separately. However, it is extremely disheartening that the lower authorities are not following the analogy adopted by the Apex Court. In the present case, the principal supply in the composite supply of administering of COVID-19 vaccine is the health care service and not sale of vaccine. Consequently, levy of 5% GST on such vaccines is totally unjustifiable. Moreover, COVID-19 vaccines were being provided free of cost to the individuals and so the transaction should not be considered as supply in the first place itself as it lacks consideration. As such, no GST should be leviable on this transaction.
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