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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. 79TH ON DIVERGENT RULINGS ON AVAILABILITY OF ITC ON CSR EXPENSES: -

GST UPDATE NO. 79TH ON DIVERGENT RULINGS ON AVAILABILITY OF ITC ON CSR EXPENSES: -
The admissibility of input tax credit on the CSR expenses incurred by the company has been a point of dispute since the erstwhile regime when the Cenvat Credit Rules, 2004 were prevalent. It has been held in the case of M/s Commissioner of Central Excise, Bangalore Vs Millipore India Pvt. Ltd. and M/s Essel Propack Ltd. Vs Commissioner of CGST, Bhiwandi [2018 (362) E.L.T. 833 (Tri.-Mumbai)] that CSR is mandatory requirement for PSUs and has been made obligatory also for the private sector so it is to be considered as input services eligible for credit. However, the above decisions pertain to pre-GST era whereas there are contrary rulings in the GST regime as regards admissibility of ITC on CSR expenses. The recent decision pronounced by Gujarat AAR in the case of M/s ADAMA INDIA PRIVATE LIMITED [ADVANCE RULING NO. GUJ/GAAR/R/44/2021 dated 11.08.2021] is the subject matter of discussion of our present update.
 
The issue involved in the present case was availability of input tax credit on expenditure incurred on various CSR activities such as civil works or installation of plant and machinery items in schools or hospitals, distribution of food kits etc. The applicant pleaded that the business incurred on the CSR activities are mandatory requirement as per the Companies Act and so shall be covered under the definition of ‘business’ under the GST Law. Reliance was also placed on the decision given by Calcutta High Court in the case of Birla Cotton Spinning & Weaving Vs Commissioner of Income Tax [1967 (64) ITR 568 Cal] wherein it was held that business expediency may not require that all the expenses be incurred for earning immediate profits.
However, the Gujarat AAR held that as per Rule 4(1) of the Companies (CSR Policy) Rules, 2014, CSR activities undertaken by the company shall exclude activities undertaken in pursuance of it’s normal course of business. As per Rule 2(d) of the Companies (CSR Policy) Amendment Rules, 2021, “CSR” does not include activities undertaken in pursuance of normal course of business of the company. Consequently, the AAR held that section 16(1) of the CGST Act, 2017, stipulates that input tax credit is admissible with respect to activities in the course or furtherance of business and so section 16(1) bars CSR activities from input/input service. The reliance placed on the decisions of pre-GST era was rejected on account of change in law and the favourable advance ruling pronounced by UP in the case of Dwarikesh Sugar Industries Ltd. was also rejected on the grounds that the advance ruling is binding only on the applicant and jurisdictional officer. Hence, the ITC on CST activities was denied by the AAR.
 
If the above decision is pursued, it is found that the ruling has been pronounced on absurd grounds as the provision of other law has been applied to the GST law. If the CSR Rules exclude activities undertaken during the normal course from CSR activities, it is for the reason that the company need to expend certain amount on activities other than regularly done by them. However, this cannot be taken as a ground to deny ITC under GST Laws. If any activity is not CSR at first place itself under the CSR Rules, the question of admissibility of input tax credit under GST law does not arise at all. As such, the ruling has been pronounced by moulding the interpretation to deny the ITC available to the assessee. Moreover, the decision given in the case of Dwarikesh Sugar Industries Ltd. has referral value and the analogy adopted thereon appears to be more appropriate. It has been held that gift denotes a voluntary act done out of generosity whereas CSR is obligatory in nature. Consequently, the expenditure incurred under CSR cannot be considered as gift so as to deny the benefit of input tax credit under section 17(5)(h) of the CGST Act, 2017. It is hoped that the adverse ruling pronounced by AAR is further appealed to AAAR.
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