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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 GST liability on payments to expats working in local arms of MNCs: Mah AAR 88/2020-21

GST Update- No GST liability on payments to expats working in local arms of MNCs: Mah AAR 88/2020-21
There have been instances of tax authorities issuing notices to MNCs in a number of cases where an expat employee received payments from the parent in his home country in the service tax regime also.
The similar issue has undergone consideration in the GST regime as to the taxability of the salary payments being made to the expatriates working in India. Germany-based Hitachi Power Europe GmBH, has sought the ruling in respect of the Project Office in India for supply of goods and supervisory services to NTPC, Meja Urja and Damodar Valley Corporation etc, employs a number of expats. The applicant Hitachi Power approached the AAR on whether the GST is applicable on the accounting entry made in the books of accounts of the PO for salary cost of expat employees, where they argued that any project office of a foreign company is required to maintain its financial books of accounts in a manner which would reflect a true and fair view of the business of the company in India as per the requirement of the Companies Act, 2013. Since most of these employees have their primary bank account outside India, their salary is paid from the company’s bank account located abroad, for administrative convenience.
The question before the AAR was whether a foreign company and its project office in India can be considered as distinct entity or as part of same entity. The AAR ruled that a project office is set up for securing the interests of the foreign company and undertake project related activities and the fact that the project office has been granted PAN and TAN in the name of the HO proves that the project office is a mere extension of the HO. Therefore, the AAR concluded that the expat employees working at the PO in India but drawing salary from the HO and complying with all TDS and Form 16 related provisions, are employees of HO they are same entities. Considering that such relationship between the HO and expat employees is a relationship of an employee and employer, the same shall be governed by Schedule III which clearly lays down the fact that services by an employee to an employer shall not be considered as supply and hence not subject to GST.
 
Now, coming to the, Explanation 1 to section 8 of the IGST act , it states that where a person has an establishment in India and any other establishment outside India , then such establishments shall be treated as establishments of distinct persons. In the instant case, the applicants project office is situated in India and employees are working in India but their salary is being paid from head office situated outside India. Hence, the head office and project office will be treated as distinct person. Now the question arises whether the employees of head office will be treated as employee of project office though they are distinct person.
To move further, we have to see the decision of M/s Columbia Asia Hospitals Private Limited pronounced by Karnataka AAR which has ignited the spark wherein the ruling implied that businesses with multi-state offices are required to raise invoices and charge tax  on in-house centralised service functions including overall management, policy decisions and execution thereof. The AAR ruled that since the corporate office in Karnataka and other branches are 'distinct persons' as envisaged by Section 25 of the CGST Act, the employer employee relationship exists between the employees and corporate office and not between the employees and branches. In-house service functions such as human resources and payrolls, if carried out from a centre in one state for offices in other states, will attract GST for which it will have to issue an invoice.
Foreign companies having liaison offices in India will not have to cough up GST on reimbursements of charges or expenses as per the ruling by the Rajasthan AARin the case of M/s Habufa Meubelen B.V. (Raj/AAR/2018-19/05) and Takko Holding GmbH the company had sought a ruling on whether reimbursements of salaries, rent, security, electricity by the parent will face GST.
Hence, Columbia Asia decision is saying that the employees of one branch office are not employees of other. As such, the GST is payable on the services provided by one branch office’s employees to other branch. But impugned order under study has held contrary to the same. It says that employees of head office situated outside India working in branch office in India are employees for both the establishments and hence GST is not applicable. Although this decision has not discussed the concept of “distinct person” in his order yet it is very favorable orders for all assessees.  Hence, this controversy will end here and many rounds of litigation is to be seen in future for this topic. Else the Government should come out with a clarification.
 
The content of this GST update is for educational purpose only and not intended for solicitation.
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