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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 Input Tax Credit On Repairs Of Motor Vehicles

GST Update on Admissibility of Input Tax Credit On Repairs Of Motor Vehicles

Input tax credit on the motor vehicles has been restrictive one in the Central Excise and service tax regime as well as in the present GST regime. Section 17(5) of the CGST Act, 2017 prescribes the list of blocked credits and this lists allows the ITC on the motor vehicles on conditional basis. The relevant part of section 17(5) reads as follows:-

"Input tax credit shall not be available in respect of the following, namely:—
(a) Motor vehicles and other conveyances except when they are used––
(i) for making the following taxable supplies, namely:—
(A) Further supply of such vehicles or conveyances; or
(B) Transportation of passengers; or
(C) Imparting training on driving, flying, navigating such vehicles or conveyances;
(ii) For transportation of goods;"

The analysis of above portion of the section 17(5) makes it clear that the ITC on motor vehicles and other conveyances is allowed on conditional basis. The language of section 17(5) as highlighted above uses the phrase "in respect of". This phrase is not defined or analyzed anywhere in the GST law. Further, we have not found a single case law analyzing this phrase.
However, earlier under Cenvat Credit Rules, 2004 the definition of "inputs" had the similar words "in relation to". A lot of case laws were decided by analyzing this phrase by holding that the term "in relation to" is very wide and covers all goods which are either directly or indirectly used in manufacture of final products. This analogy was drawn in the case of NATIONAL CO-OPERATIVE SUGAR MILLS LTD. Versus COMMR. OF C. EX., MADURAI [2016 (344) E.L.T. 832 (Mad.)] and COMMISSIONER OF C. EX., NAGPUR Versus ULTRATECH CEMENT LTD. [2010 (260) E.L.T. 369 (Bom.)]. On the basis of a number of decisions decided on the basis of analogy drawn by hon'ble High Courts in these cases, credit was allowed on variety of goods that were either directly or indirectly used in manufacture of final products.

Under existing GST regime, the phrase used is "in respect of". This phrase has neither been defined anywhere nor any case law is available on the same. Further, if we consider the general meaning of this phrase, it is treated as synonym of "as regards", "in terms of", "with respect to" or "in accordance with", etc. These words are more or less used interchangeably. Thus, one can interpret that the phrase "in respect of" can be used as a synonym of "in relation to". Therefore, the decisions given in respect of phrase "in relation to" will hold good in this case also. If this interpretation is taken, we can conclude that the clause (1) of section 17(5) of CGST Act will be deemed to be wider in scope in order to restrict each and every types of ITC that is related to any "motor vehicle", i.e. to say, it will deny the ITC on purchase of motor vehicle as well as repairs and maintenance and any other expenses related to motor vehicle.

However, another stream of views is there interpreting the term "in respect of" as contained in section 17(5) of CGST Act, 2017. It has been interpreted that the phrase "in respect of" is very restrictive in nature and it will cover only the ITC involved in purchase of motor vehicle. All the other expenses will be eligible to ITC. This interpretation is based upon the fact that repairs and maintenance of motor vehicles is nowhere denied in section 17(5) or any other provision of CGST Act, 2017. When the ITC is not specifically denied, it is allowed on repairs and maintenance of motor vehicle; as opined by a stream of experts.

It is worthwhile to mention here that the first view of treating the phrase "in respect of" in conjunction with the term "in relation to" is appears more feasible. The reason behind this is that the restrictions contained in the section 17(5) of CGST Act, 2017 are more or less similar to the exclusions contained in the rule 2(l) of the Cenvat Credit Rules, 2004. In this regard, it is worthwhile to mention here that under Cenvat Credit Rules, 2004; credit of expenses incurred on motor vehicles like insurance, repairs and maintenance, etc. of motor vehicle was specifically denied under clause (B) and (BA) of definition of input service if the motor vehicle did not fall in the definition of "capital goods" as given in the rule 2(a) of the Cenvat Credit Rules, 2004. Further, even the other provisions and restrictions regarding the availment of credit in GST regime has been carried forward with original spirit of Cenvat Credit Rules, 2004. Therefore, in our view, looking the drafting of the said section 17(5) read with the Cenvat Credit Rules, 2004; the term "in respect of" should be interpreted in broader sense and the ITC of expenses related to motor vehicles like repairs and maintenance, etc. should not be allowed.
The views of all our readers as well as of experts are invited so that we can reach to a conclusion.

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