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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 293 on availability of ITC on vouchers of loyalty points

GST Update No 293 on availability of ITC on vouchers of loyalty points
The dispute as regards to admissibility of input tax credit on vouchers and subscription packages procured by the applicant from third party vendors for providing loyalty and reward points has been a matter of discussion since erstwhile indirect tax regime. The tug of war between the department and the taxpayers has now become a never-ending task wherein the departmental authorities are not willing to provide input tax credit on the same while taxpayers argue that it is admissible being a promotional expenditure incurred during the course of business. Recently, one more case was reported on parallel lines before Karnataka AAR in the case of M/S MYNTRA DESIGNS PRIVATE LIMITED. The analysis of this decision is the subject matter of discussion of our present update.
The applicant is a major fashion e-commerce company and owns e-commerce portal, engaged in the business of selling of fashion and lifestyle products. The suppliers intend to sell such products by listing them on portal and thereafter sell the product. Once the order is placed, the applicant collects money and settles the amount payable with the supplier. The applicant in order to increase the customer base and footfalls, proposes to run a loyalty program by issuing points to the customer on the basis of purchases effected to them. The participation in the said scheme shall be based on pre-defined eligibility criteria laid down by the applicant and the customer will be bound to accept the same. The advance ruling was therefore sought by the applicant as to whether the applicant would be eligible to avail input tax credit as per Section 16 on the vouchers and subscription packages procured by applicant from third party vendors that are made available to the eligible customers participating in loyalty programs.
The applicant procures the vouchers and subscription packages from third party vendors upon payment of GST and provide them to the customers. The applicant themselves is not engaged in business of supply of said vouchers andthe packages. The vendors will be raising invoices by classifying their outward supply as “other professional, technical and business services”. The expenditure incurred by the applicant in this respect is not capital expenditure and therefore, allowed under section 37(1) of Income Tax Act under “Profits and gains of business or profession”.The applicant referred to the definition of voucher and submitted that the time of supply would be date of issuance of voucher and hence, GST shall be levied accordingly. The applicant placed reliance on provisions of Section 16 of the Act and submitted that they are eligible to avail input tax credit on the same since, all the conditions of Section 16 are fulfilled. Further, it was submitted that procurement of voucher is “in the course of furtherance of business”. Further, the input tax credit on the same is not restricted or blocked as per Section 17 of the Act. It was further contended that vouchers shall be made available to the customers who wish to redeem the loyalty points and no monetary consideration will bereceived in place from the customer. Further, the loyalty points are not transferrable and cannot be converted into cash and used in place of cash. It was also argued that loyalty program ispurely commercial driven. Further, the input tax credit on the same is not blocked under Section 17(5)(h) of the Act, since the third party classifies the same as service and not goods and cannot be termed as “gift” also.The AAR referred to various provisions of CGST Act, 2017. It was stated that the subscription package would also qualify for the definition of voucher. Moving further, it was analysed as to whether the voucher would come under ambit of goods or services. Therefore, it was held that the said vouchers shall fall under “goods” since the definition is not restricted to “tangible” properties only. Instead, it refers to movable property which is capable of being transmitted and voucher is one of them. Further, reference was also drawn to the decision of Apex Court in the case of TATA CONSULTANCY SERVICES V/S STATE OF ANDHRA PRADESH and VIKAS SALES CORPORATION V/S CCE. Further, reference was made to Schedule II ofCGST Act, 2017 stating that the supply of voucher is supply of goods. Moreover, it was analysed that loyalty program is on basis of particular transaction which are having no monetary value and are non-transferrable. This implies that the customers shall receive the vouchers free of cost and hence, it is coveredunder the ambit of “gift” and covered under Section 17(5)(h) of the CGST Act, 2017. Therefore, it was concluded that the input tax credit on the same shall not be available.The above decision is a setback for the industry since the business houses often introduce schemes like these to increase the customer base and profit margins. Although, there had been similar decision on earlier occasion on the same line by Tamil Nadu AAAR in the case of GRB DAIRY FOODS PVT. LTD. wherein it was held that no input tax credit can be claimed on gifts and rewards given without consideration. However, the issue needs to be re-visited as the term “gift” in normal parlance means anything given without any condition or expectation in return. However, in the present case, the vouchers are conditional as they are given on customer purchasing specified quantity of goods which intent to increase the sales base. Consequently, the said vouchers should not be treated as “gift” so as to deny the input tax credit of GST paid on procurement of such vouchers. A suitable clarification in this regard from the government iseagerly awaited.
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