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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 BINDING NATURE OF ADVANCE RULING PART-2

GST UPDATE ON BINDING NATURE OF ADVANCE RULING PART-2

GST UPDATE ON BINDING NATURE OF ADVANCE RULING PART-2:-

In our earlier update, we have discussed the situation where government has issued clarification after advance ruling has also pronounced its decision on a particular issue. In the present update, we wish to discuss the binding nature of advance ruling vis a vis clarification issued by the government from the point of view of assessee.

It is pertinent to mention that as per section 103(1) of the CGST Act, 2017, the advance ruling pronounced shall be binding only on the applicant who had sought it and on the concerned jurisdictional officer of the applicant. Furthermore, 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 example no. 2 taken in our earlier update, it is worth mentioning that while pronouncing the decision by Advance Ruling, the fact that IIM Act has been implemented with effect from 31.01.2018 was considered and adverse opinion was framed that IIM is not eligible for availing the benefit of general exemption contained in serial no. 66(a) of the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017. However, on representation made to the government, clarification was issued vide Circular No. 82/01/2019-GST dated 01.01.2019 wherein it was clarified that after enactment of the IIM Act, they are eligible to claim benefit of general exemption contained in serial no. 66(a) of the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 on the grounds that assessee has the option to avail either general or specific exemption. It is noted that there is no change in the facts or circumstances supporting the original advance ruling. However, clarification has been issued in favour of the assessee by the government. Now, the question arises is that whether issuance of clarification vide Circular can be considered as change in law so as to invoke the provisions of section 103(2) in case of IIM Bangalore and IIM Madhya Pradesh? It is usually believed that circulars are clarificatory in nature and they only explain the existing position of law. Consequently, whether the circular dated 01.01.2019 would be treated as amendment in law so as to enable IIM Bangalore and Madhya Pradesh to avail the benefit of the same or they would be require to challenge the advance ruling in appellate authority/courts to get the decision nullified?
Well, if we go back to erstwhile Central Excise Laws and Service Tax Laws, we find that it was held by the Apex Court in the case of BIRLA JUTE AND INDUSTRIES LTD. VERSUS ASSISTANT COLLECTOR OF C. EX. [2005 (179)ELT 272(Supreme Court)] that Board Circulars are not binding on the assessees and they may opt not to follow these Circulars. As such, the circulars are not binding on the assessees and they are at liberty to challenge the same. But, in the present case, the situation is reverse that the clarification is favourable to the assessee and the advance ruling is against the assessee. The binding nature of the advance ruling is clear by the provision contained in section 103 of the CGST Act, 2017 and so the only alternative available with the assessee is to challenge the advance ruling before the appellate forum/courts. It is submitted that this situation definitely puts the applicant of advance ruling in disadvantageous position as the applicant has to bear litigation cost to nullify the adverse impact of advance ruling. In our opinion, such a provision is unfair and unreasonable as the applicant of advance ruling cannot be discriminated and deprived of the benefit of clarification applicable to all assessees merely on the grounds that there is adverse ruling pronounced in his case. Such a provision is discriminatory in nature and is not sustainable in light of decision given by the Supreme Court in the case of JAYASWALS NECO LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, NAGPUR [2006 (195) E.L.T. 142 (S.C.)] and COMMISSIONER OF C. EX., HYDERABAD VERSUS NOVAPAN INDUSTRIES LTD. [2007 (209) E.L.T. 161 (S.C.)]

This is solely for the educational purpose.
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