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Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

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GST UPDATE ON ADMISSIBILITY OF GST EXEMPTION TO IIM

GST UPDATE ON ADMISSIBILITY OF GST EXEMPTION TO IIM
GST UPDATE ON ADMISSIBILITY OF GST EXEMPTION TO IIMs:
The Advance Rulings have pronounced contrary decisions as regards leviability of GST on the various courses offered by IIMs. The Authority for Advance Ruling Bangalore and Madhya Pradesh have concluded that when there is specific exemption available to IIM with respect to specific courses offered by it under serial no. 67 of the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017, then, the benefit of general exemption as contained in serial no. 66(a) of the same exemption notification which is applicable to ‘educational institution’ will not be admissible to IIM even after enactment of IIM Act. However, on the contrary, the decision rendered by AAR Kolkata in case of Indian Institute of Management, Calcutta [2018-TIOL-242-AAR-GST] is entirely different from the decision as pronounced by AAR Bangalore and AAR Madhya Pradesh. The AAR Kolkata has opined that after the enactment of IIM Act, it is very well covered by the definition of educational institution for the purpose of general exemption under serial no. 66(a) of the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2018. It was held that IIM being covered by the term educational institution is equally entitled for the benefit of both the entries being 66(a) and 67. It was also concluded that Supreme Court has held that if assessee is entitled for two benefits, it is at the option of the assessee to avail any benefit irrespective of the fact that the benefit is claimed under general exemption or specific exemption. Since there were contrary decisions on the issue, clarification from the government was the need of hour and recent clarification issued vide Circular No. 82/01/2019-GST dated 01.01.2019 has resolved the conflict as regards admissibility of exemption to IIM for courses other than those specifically mentioned in serial no. 67.
 
The circular has clarified the position as regards leviability of GST for different periods on the various courses offered by IIMs as follows:-
 01.07.2017 to 30.01.2018:-
IIMs were not covered by the term ‘educational institution’ and so were not eligible for the exemption under serial no. 66(a) of the Notification No. 12/2017-Central Tax (Rate). Consequently, IIMs were eligible for GST exemption only on specified courses as mentioned in serial no. 67 of the said notification no. 12/2017-Central Tax (Rate) which reads as follows:-
 (i) two-year full time Post Graduate Programmes in Management for the Post Graduate Diploma in Management, to which admissions are made on the basis of Common Admission Test (CAT) conducted by the Indian Institute of Management,
(ii) fellow programme in Management,
(iii)five years integrated programme in Management
Therefore, GST was payable on other courses offered by IIMs except the courses listed above.
W.e.f. 31.01.2018:-
Indian Institutes of Management Act, 2018 came into force on 31.01.2018  , ‘IIMs’ are educational institutions as they provide education as a part of curriculum for obtaining qualification recognised by law for the time being in force. Consequently, w.e.f. 31.01.2018, IIMs has the option to claim general exemption under serial no. 66(a) of the notification no. 12/2017-Central Tax (Rate) or specific exemption under serial no. 67 of the notification no. 12/2017-Central Tax (Rate). The justification for availing exemption under either of the serial no. 66(a) and 67 is backed by decisions given by the Hon’ble Supreme Court that if there are two or more exemption notifications available to the assessee, the assessee can claim the one that is more beneficial to him. However, IIMs are liable to pay GST at the rate of 18% for short term programs for executives/professionals as such programs are not for any qualification recognised by law.
 
Now, the clarification issued by the Tax Research Unit (Ministry of Finance) supports the view of Authority of Advance Ruling of Kolkata. However, as regards IIM, Bangalore and IIM, Madhya Pradesh is concerned, they are bound by the decision pronounced by the respective advance rulings according to the provisions contained in section 103 of the CGST Act, 2017. However, it is worth noting that the provision contained in sub-section (2) of the section 103 states that the advance ruling shall be binding unless the law, facts or circumstances supporting the original advance ruling have changed. It is worth mentioning that while pronouncing the decisions by Advance Ruling, the fact that IIM Act has been implemented with effect from 31.01.2018 was considered and adverse opinion was framed. Consequently, there is no change in the facts or circumstances supporting the original advance ruling. Now, the question arises is that whether issuance of clarification vide Circular can be considered as change in law so as to invoke the provisions of section 103(2) in case of IIM Bangalore and IIM Madhya Pradesh? Well, confusions are inbuilt in the newly implemented GST regime and are expected that the same would be resolved only after bearing of litigation cost by the helpless assessees.
The content of this GST update is for educational purpose only and not intended for solicitation.
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