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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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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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