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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 on 262 transportation of staff by non-ac busses of company

GST Update on 262 transportation of staff by non-ac busses of company
The issue as regards to transportation of staff by non-ac busses by employer company has been a subject matter of discussion since inception of the GST regime. The never-ending debate and litigations on availability of exemption in such cases increase the difficulty levels of the taxpayer manifolds. There had been Advance Ruling on similar lines rendered by Maharashtra AAR in the case of M/S SHAILESH RAMSUNDER PANDE wherein the assessee was having confusion as regards to taxability in case non-AC buses are used for transportation of staff under contract carriage. In the said case, the applicant entered into an agreement with Ratan Indian Power Limited (RIPL) for the aforementioned transaction wherein the buses will be operated strictly as per the instructions of RIPL. It was concluded that since the consideration of service is charged from RIPL and not the passengers, the subject activity falls under “renting of motor vehicles” and therefore, is taxable. Therefore, it was stated that the essential ingredient of contract carriage is that it piles under a contract for fixed set of passengers and does not allow passenger to board at their will. Hence, AAR ruled that the services provided by the applicant falls under renting of motor vehicles under Serial No. 10 of the notification no. 11/2017-CT (Rate) dated 28.06.2017 attracting GST at the rate of 5% without ITC under Reverse Charge Mechanism or 12 % GST with ITC facility under Forward Charge Mechanism. The above advance ruling is in alignment with the recent CBIC Circular No. 177/09/2022-TRU dated 03.08.2022 clarifying the said issue. The analysis of the clarification issued is subject matter of discussion of our present update.
 
As per serial no. 15(b) of notification no. 12/2017-Central Tax (Rate) dated 28.06.2017 exempts “transport of passengers, with or without accompanied belongings, by non-air conditioned contract carriage, other than radio taxi, for transport of passengers, excluding tourism, conducted tour, charter or hire.”
It is clarified that “charter” or “hire” are excluded from the above exemption entry where the renter defined how and when the vehicle will be operated, determining schedules, routes and other operational consideration meaning thereby that the exemption entry would apply in case transportation takes place over pre-determined route and as per pre-determined schedule. Hence, no exemption will be available in case contract carriage is hired for a period of time and the recipient at its discretion is free to decide the manner in which route is decided and schedule is determined. To illustrate, in case a private company arranges transportation facility for its staff wherein the non air conditioned buses are being used as per the directions of the private company, GST will be payable and the exemption will not be available.
 
It is worth noting that the exemption is only with respect to non-air conditioned contract carriage. If the service provider is engaged in transportation of passengers in air conditioned contract carriage, GST will be payable on the same. Further, another issue can be what will be the consequences in case nominal amount is recovered from the employees for usage of transportation facility in a non-ac conditioned bus. In this respect, the situation is clear wherein no GST shall be attracted in such a scenario due to employer-employee relationship which is excluded from the ambit of Schedule III of CGST Act, 2017 and considering the fact that the transaction is mere perquisite offered by employer and is not service provided in course or furtherance of business.
 
Aligning with the above, another clarification is also issued by the CBIC in line with recommendation of 47th GST Council meeting wherein it is clarified that n case of renting of motor vehicle for transportation of passenger which is hired by body corporate for a particular period of time with the directions of operation of the vehicle to be given by body corporate, the said services shall fall under “renting of motor vehicle” and will be covered under RCM wherein the tax shall be paid by the body corporate. On the contrary, if in case the body corporate avails passenger transportation services over pre-determined routes on pre-determined schedules, it will be classifiable under “passenger transport services” liable to GST under forward charge and the body corporate shall not be liable to pay tax under RCM.
 
The above clarificatory circular will be helpful for the taxpayers in order to avoid existing litigations and confusions in the minds of taxpayers. Circulars like these are anticipated in future as well which will prove to be useful for the taxpayers.
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