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Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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GST UPDATE ON BINDING NATURE OF ADVANCE RULING PART-1

GST UPDATE ON BINDING NATURE OF ADVANCE RULING PART-1
GST UPDATE ON BINDING NATURE OF ADVANCE RULING PART-1:-
 
The concept of advance ruling was introduced in the GST regime to bring more clarity in the interpretation of law as the assessee was permitted to seek advance ruling not only with respect to proposed transactions but also with respect to already undertaken activities of the assessee. However, since the GST law is at its nascent stage, a number of clarifications are being issued and amendments are also being made from time to time on receiving representations on various issues. But, sometimes clarifications issued add to more complications as is being observed particularly when the decision pronounced by the advance ruling and the circular are contradictory. The present update seeks to discuss the complications created due to conflicting views of advance ruling and the CBIC.
 
At the outset, reference is made to the certain issues wherein the opinion of the advance ruling is totally contradictory to the amendment/clarification issued by the government:-
  1. Applicable rate of GST on solar power generating systems-Numerous decisions have been given as regards the applicable rate of GST on the supply of solar power generating systems. There have been decisions wherein AAR have ruled that the installation of solar power generating system is works contract liable to GST at the rate of 18% even when there is concessional GST rate of 5%. This issue has been represented to the government and recently there has been amendment in the notification no. 1/2017-Central Tax (Rate) dated 31.12.2018 wherein Explanation has been added regarding computation of deemed value of goods in the composite supply of installation of solar power generating system to be seventy percent of the gross consideration charged. This notification is applicable with effect from 31.12.2018.
  2. Applicability of GST exemption to certain courses provided by IIMsafter enactment of IIM Act- The AAR Bangalore and Madhya Pradesh has held that the IIM is not entitled for general exemption contained in serial no. 66(a) of the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 after enactment of IIM Act. However, recently a clarification has been issued by the government which is contrary to the decision of the advance ruling. Circular No. 82/01/2019-GST dated 01.01.2019 has clarified the applicability of GST on various programmes conducted by IIM and has held that after enactment of IIM Act, the general exemption contained in serial no. 66(a) of the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 is admissible to IIMs for courses which are recognised by law. It is worth noting that the AAR Bangalore and AAR Madhya Pradesh has ruled against IIM whereas the clarification is issued in favour of IIM.
 
  1. Confusion as regards classification of activity of bus body building as supply of goods or supply of services:-There have been certain advance ruling concluding that activity of bus body building is supply of goods whereas there have been certain other advance ruling concluding that the activity is supply of service. However, a clarification has been issued vide Circular No. 52/26/2018-GST dated 09.08.2018 as regards the guidelines to be followed for classifying the said activity.
 
It is pertinent to mention 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. With respect to the examples listed above, there has been amendment in the provision with respect to computation of GST liability in case of installation of solar power generating system w.e.f. 31.12.2018 and so the said amendment will prevail over all assessees including those who sought advance ruling. As such, it can be concluded that the advance ruling stating GST liability at the rate of 18% on installation of solar power generating system would prevail only upto 30.12.2018 and w.e.f. 31.12.2018, all assessees are bound to follow the amendment carried in the notification no. 1/2017-Central Tax (Rate) dated 31.12.2018. However, what will be the position in case of issuance of circulars post decisions pronounced by the advance rulings? The situation is very well covered by the example no. 2 and 3 discussed above. Whether the advance ruling will be binding or the clarification issued by the government? The binding nature of the circulars vis a vis the decision pronounced by the authority for advance ruling will be discussed in our next update.
 
The content of this GST update is for educational purpose only and not intended for solicitation.
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