Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

Comments

Print   |    |  Comment

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.
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com