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Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

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GST Update on Airline levies

GST Update on Airline levies
GST Update on Airline levies
Government has issued a series of Circulars on 11th October 2019. In this update we shall discuss in detail one of the circulars being issued vide circular No. 115/34/2019-GST dated 11th October 2019. This circular intends to give clarification on issue of GST on Airport levies.   
In this circular, clarification is being given on taxability of GST on the charges like Passenger Service Fee (PSF) and User Development Fee (UDF) being collected by the Airlines on behalf of Airport operators from the passengers and the availment of credit with respect to such charges to the passengers. Passenger Service Fee (PSF) is collected by the airport licensee from embarking passengers at rates as specified by the Central Government which shall be utilized for infrastructure and facilitation of the passengers. User Development Fee (UDF) is being levied by the licensee at a major airport.
The above charges are subject to GST as these are consideration being received for services provided to Passengers. The definition of Consideration as per Section 2(31) of the CGST Act 2017 is being reproduced below
““consideration” in relation to the supply of goods or services or both includes––
(a) any payment made or to be made, whether in money or otherwise, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government;
(b) the monetary value of any act or forbearance, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government:
Provided that a deposit given in respect of the supply of goods or services or both shall not be considered as payment made for such supply unless the supplier applies such deposit as consideration for the said supply; “
In this case the airline acts as a Pure Agent between Airport operators and passengers, so the board clarifies that airline should separately indicate actual amount of PSF and UDF and GST payable on such PSF and UDF by the airport licensee, in the invoice issued by airlines to its passengers. The airline shall not be eligible to take credit on the GST paid on such charges. The amount so recovered from passengers as pure agent shall not be included in the value of supply made by airlines and so GST shall not be leviable. The Airline shall indicate in the invoice being raised to the passengers that the charges being collected are in the capacity of Pure Agent and GST is inclusive in it. This indicates that the registered passengers may take credit of GST paid on PSF and UDF on the basis of this invoice.
So it is the ultimate responsibility of the airport operators to pay GST on the PSF and UDF collected by them from the passengers through the airlines to the Government.
Let us summarize the above as follows
  • Airline Air Asia shall raise the invoice to the passengers as
Flight charges                                                 Rs. 5,000/-
(+) PSF(*)                                                      Rs. 500/-
(+) UDF(*)                                                     Rs. 500/-
Gross Total                                                     Rs. 6,000/-
(+) GST @ 18% (on Rs. 5000/-)                    Rs. 900/-
Net Total                                                         Rs. 6,900/-
(* PSF and UDF charges are being collected by us in the capacity of pure agent on behalf of Airport operators and is inclusive of GST)
  • Airport operator Chatrapathi Shivaji Airport shall deposit the GST payable on PSF and UDF to the government.
 
  • And the registered passengers shall be eligible to take ITC on the flight charges and on tax charged on PSF and UDF charges as well.
But the difficulty that shall arise here is that how can the registered passenger take ITC of the tax charged on PSF and UDF as this shall not be reflected in the GSTR-2A of the passenger. The airline will be acting as pure agent and will not pay the tax. Hence, they will not show the same in the GSTR-1 return. Consequently, it will not come in GSTR-2A of passenger. The airline operator will raise the bill in the name of airlines and not in the name of passenger. Thus, airline operator will file GSTR-1 and fill the details of airlines. But airlines will not take the credit on the same. But in any case, it will not come in the GSTR-2A of passenger. Then he will not be able to take the credit.
However, the circular says that the passenger can take the credit. Whether the circular go beyond the Act? Further, Notification No. 49/2019- central Tax was issued on 9th October, 2019 wherein Sub rule 3 of Rule 36 has been inserted which states that a registered person shall avail input tax credit in respect of invoices or debit notes, the details of which have been not uploaded by the supplier in GSTR-2A only upto 20% of the eligible credit available of which have been uploaded on the portal.  
The complexities in GST have been increasing continuously irrespective of getting settled.

This is solely for educational Purpose.
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