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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 Anomaly in Recent Twitter Clarifications

GST Update on Anomaly in Recent Twitter Clarifications

This is in continuation with GST update sent by us yesterday. Before bringing out the anomalies, it is necessary to give briefing of yesterday's update posted by us. It goes as follows:-

Twitter handle of Government of India has clarified two important queries:-

Query - RCM on freight to be deposited under IGST or CGST & SGST?
- It will always be deposited under CGST & SGST/UTGST.

Query - Registered in Delhi books unregistered hotel in Mumbai, reverse charge applicable? if yes, what to pay, IGST or CGST/SGST.
- You will pay only if you are registered in Maharashtra.

The above answers hold their roots in interpretation of section 9(3) and 9(4) of the CGST Act, 2017. Both of these sections as prescribe the provisions of reverse charge uses the language - "and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both."

The drafting of this section indicates that once the reverse charge mechanism is applicable on a transaction, all the provisions of this Act shall apply to RECIPIENT as if he is person liable for paying the tax in relation to such supply.

To determine whether a transaction is intra-state or inter-state, two factors are determinant:-
- Location of supplier; and
- Place of supply.

Now, according to the first interpretation of phrase highlighted above in section 9(3) and 9(4), it will be presumed that the location of deemed supplier (i.e. the recipient) will be checked.

Taking this interpretation, the location of supplier in the situation narrated in the tweets will be as follows:-

GTA services:- 
Location of supplier = location of deemed supplier (assume it is at Delhi) 
Place of supply = location of recipient, if he is registered = Delhi

Thus, according to this interpretation since location of supplier and place of supply are within same state, transaction will be intra-state and accordingly, CGST/SGST shall be payable. It is worthwhile to mention here that if this interpretation is taken, in case of GTA services, always CGST and SGST will be payable as the location of deemed supplier and place of supply will always be in the same state. While replying the above referred query relating to GTA; twitter handle of Government has taken this interpretation.

However, as per another interpretation, we can presume that the above phrase (that all the provisions of this act will apply on recipient as if he is the person liable for paying the tax) talks of only provisions related to payment of tax, i.e. the computation, due dates, filing of returns, etc. In other words, the location of supplier will be the location of ACTUAL SUPPLIER only. This interpretation has been taken while replying the another query relating to accommodation services in the twitter handle. According to this interpretation, the nature of tax payable will be determined in above two conditions as follows:-

Accommodation services:-
- Location of supplier = location of hotel = Mumbai
- Place of supply in case of accommodation services = location of immovable property = Mumbai

Thus, according to this interpretation since location of supplier and place of supply are in the same state, transaction will be intra-state and accordingly, CGST and SGST of Maharashtra shall be payable. Since the recipient of service is registered in Delhi as per query, CGST and SGST of Maharashtra are not applicable on him. Taking this interpretation, the twitter handle of Government has mentioned that the recipient registered in some other state will not be required to pay the tax under reverse charge as the provisions of that state will not apply on him.

After having a look on the queries, replies posted by Government in its twitter handle and after analyzing the provisions of section 9(3) and 9(4) of CGST Act, it is clear that government has taken dubious interpretation of same phrase while replying the two sets of queries under same situation. Thus, there is anomaly and which stand is to be taken while interpreting the other situations is not clear. However, one thing is clear that one cannot take two interpretations of the same phrase under the similar facts and circumstances. But, as of now, the above referred replies on twitter have added fuel to fire of ambiguities prevailing in the reverse charge.

 

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