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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 circular on applicant of adverse ruling 62/2020-21

GST Update on binding nature of circular on applicant of adverse ruling 62/2020-21
The leviability of GST on the remuneration paid to the directors is the most debatable topic after pronouncement of the advance ruling by Rajasthan AAR in the case of Clay Crafts India Pvt. Ltd. It appears that the dispute would come at rest as the CBIC has issued Circular No. 140/10/2020-GST dated 10.06.2020 clarifying the applicability of tax on Director’s Remuneration under Reverse Charge Mechanism. Let us discuss the key points of the clarification-
  1. Where remuneration is paid to Independent Directors or those Directors who are not employee of the company: Tax under RCM is applicable.

  1. Where remuneration is paid to directors who are employees of the company (depending on the contract of service and where TDS under Income Tax Act is deducted under Section 192): Tax under RCM is not applicable as the transaction is that of employer and employee which is neither supply of goods nor supply of services under Schedule III of the CGST Act, 2017.
    This clarification is contradictory to the advance rulings pronounced in the following cases

  1. M/s Craft Clay India Pvt. Ltd. (Rajasthan AAR)

  1. M/s Alcon Consulting Engineers (I) Pvt. Ltd. (Karnataka AAR)
    The clarification is no doubt beneficial to all the taxpayers but the moot question is that whether the benefit of this clarification can be availed by the above mentioned assessees who have got adverse ruling pronounced by AAR? Whether the beneficial clarification which is applicable for all assessees would not apply to the above mentioned assessees who sought advance ruling on this issue which is contrary to the clarification issued by CBIC?
    In order to find answer to the above questions, reference is to be made to provisions contained in section 103 of the CGST Act, 2017 which states that the advance ruling pronounced by AAR and AAAR are binding on the applicant and on the concerned officer or jurisdictional officer in respect of the applicant. Furthermore, the advance ruling shall be binding unless the law, facts or circumstances supporting the original advance ruling have been changed. After pursuing the provisions, the following questions are raised in the minds of assessee:-

  1. Whether the decision of AAR is binding on jurisdictional officer only with respect to the applicant or for all the assessees of his jurisdiction? Whether jurisdictional officer can raise demand on other assessees on the basis of adverse ruling pronounced with respect to one applicant? If answer to this question is Yes, then if a subsequent clarification is issued in favour of assessee, will the jurisdictional officer follow the clarification for all assessees including the assessee who sought adverse advance ruling?

  1. Whether the clarification issued by CBIC can be considered as change in law so as to nullify the binding nature of the advance ruling on the applicant and jurisdictional officer both?  If answer to this question is No, then whether clarification issued can be considered as change in facts or circumstances as when the original advance ruling was pronounced, the said circular was not in force? Whether change in facts or circumstances indicate change in factual case of the applicant and not change in facts on part of government?
    The above questions remain unanswered and it is high time for the government to realise this practical anomalies and issue clarification on this aspect in clear terms in the interest of assessees who have sought adverse advance rulings on issues which have subsequently been clarified in favour of the assessees. This is not the first time and in the past, we have witnessed issuance of clarifications post contrary rulings by the AAR, one such example being regarding admissibility of exemption to IIMs. At that time also, we have put forward this issue extensively in series of our update titled as “GST Update on Binding Nature of Advance Rulings-Part 1, 2& 3” which can be accessed on our website www.capradeepjain.com.
     
    Before parting, we submit that clarity is needed as to whether the above mentioned applicant (M/s Clay Craft India Pvt. Ltd.) is required to challenge the adverse ruling before AAAR in order to avail benefit of clarification issued by CBIC or not. Also, what is the remedy available to the applicant if the time period for filing appeal before AAAR has expired? Another issue that may be a huge concern for M/s Clay Craft India Pvt. Ltd. is admissibility of input tax credit on the tax paid on director’s remuneration as it may very well be contended by the department that when there is no liability to pay GST on such transactions, input tax credit is also not admissible. This will lead to “Win Win” situation for department and would adversely impact the applicant.  
     
    This is solely for educational purpose.
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PRADEEP JAIN, F.C.A.

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