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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 CHANGE IN RATE FOR JOB WORK SERVICES-INCREASING COMPLEXITIES

GST UPDATE ON CHANGE IN RATE FOR JOB WORK SERVICES-INCREASING COMPLEXITIES
GST UPDATE ON CHANGE IN RATE FOR JOB WORK SERVICES-INCREASING COMPLEXITIES:-
The government issued Notification No. 20/2019-Central Tax (Rate) dated 30.09.2019 wherein GST rates have been specified for certain types of job work. The amendments made in the serial no. 26 of the principal notification no. 11/2017-Central Tax dated 28.06.2017 is highlighted for the sake of easy identification as follows:-
S. No. Chapter, Section or Heading Description of service Rate (per cent.) Condition
(1) (2) (3) (4) (5)
26 Heading 9988 (Manufacturing services on physical inputs (goods) owned by others) (i) Services by way of job work in relation to-
(a) Printing of newspapers;
[(b) Textiles and textile products falling under Chapter 50 to 63 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975)]55;
[(c) all products other than diamondsfalling under Chapter 71 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975);]56
(d) Printing of books (including Braille books), journals and periodicals;
[(da) printing of all goods falling under Chapter 48 or 49, which attract CGST @ 2.5per cent. or Nil]57
(e) Processing of hides, skins and leather falling under Chapter 41 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975).
[(ea) manufacture of leather goods or foot wear falling under Chapter 42 or 64 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975) respectively;] 58
[(f) all food and food products falling under Chapters 1 to 22 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975); (g) all products falling under Chapter 23 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975), except dog and cat food put up for retail sale falling under tariff item 23091000 of the said Chapter;
 (h) manufacture of clay bricks falling under tariff item 69010010 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975);]59
[(i) manufacture of handicraft goods.
Explanation.- The expression “handicraft goods” shall have the same meaning as assigned to it in the notification No. 32/2017 -Central Tax, dated the 15th September, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 1158 (E), dated the 15th September, 2017 as amended from time to time.] 60
[****]61
2.5 -
    [(ia)Services by way of job work in relation to- (a) manufacture of umbrella; (b) printing of all goods falling under Chapter 48 or 49, which attract CGST @ 6 per cent 6 -]62
    (ib) Services by way of job work in relation to diamonds falling under chapter 71 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975); 0.75 -
    (ic) Services by way of job work in relation to bus body building; 9 -
    (id) Services by way of job work other than (i), (ia), (ib) and (ic) above; 6 -
    [(ii) Services by way of any treatment or process on goods belonging to another person, in relation to-
(a) printing of newspapers;
(b) printing of books (including Braille books), journals and periodicals
{(c) printing of all goods falling under Chapter 48 or 49, which attract CGST @ 2.5 per cent. or Nil.}63
2.5 -]64
    [(iia) Services by way of any treatment or process on goods belonging to another person, in relation to printing of all goods falling under Chapter 48 or 49, which attract CGST @ 6per cent. 6 -]65
    [[(iii) Tailoring services. 2.5 -]66]67
    [(iv) Manufacturing services on physical inputs (goods) owned by others, other than (i), (ia), (ib), (ic), (id), (ii), (iia) and (iii) above 9 -]68
 
Before analysing the impact of amendments made in the above cited serial no. 26, we first discuss certain terms which will be useful in arriving at correct conclusion.
According to section 2(68) of the CGST Act, 2017 “job work” means any treatment or process undertaken by a person on goods belonging to another registered person and the expression “job worker” shall be construed accordingly.
 
According to section 2 (72) of the CGST Act, 2017 “manufacture” means processing of raw material or inputs in any manner that results in emergence of a new product having a distinct name, character and use and the term “manufacturer” shall be construed accordingly.
 
Now, from the above definitions, one may interpret that job work is process/treatment taken on goods belonging to others and such process may or may not amount to manufacture. However, if the above serial no. 26 is pursued, it is found that there are specific GST rates on certain job work in relation to manufacture such as manufacture of leather goods or foot wear attracts GST rate of 5%, job work in relation to manufacture of handicraft goods attracts GST rate of 5%. At the same time, it is found that there is one entry (iv) according to which manufacturing services on physical inputs (goods) owned by others, other than all the entries specified in serial no. 26 attracts GST rate of 18%. It is pertinent to mention that the amendment inserts new entry (id) which is residual entry which states that services by way of job work other than (i), (ia), (ib) and (ic) attracts GST rate of 12%. On simultaneous reading of entry (id) and (iv), it is observed that if job work is in the nature of manufacturing services on goods belonging to others except all other entries including (id), then GST rate of 18% will be applicable. Consequently, this notification seeks to distinguish between the job work services resulting in manufacture and prescribes higher GST rate on the same. This will lead to raising new dispute that whether the job work process is manufacturing service or not? Moreover, the term “manufacturing services” is not defined anywhere in the notification. If we consider the meaning of manufacture given in the CGST Act, 2017, we can conclude that any job work process which results in emergence of new product having distinct name and character will be covered by the specific entry (iv) of the serial no. 26 of the notification according to the principle that “SPECIFIC PREVAILS OVER GENERAL”. However, one may also interpret that the manufacturing services means the job work pertaining to manufacture of goods. Say for example- If steel wire is being sent to job work for making steel rollers then we can infer that the said job work results in emergence of new distinct product and tantamount to manufacturing services thereby liable to GST at the rate of 18%. However, if hot rolled patta patti is being sent for cold rolling then such job work will not result in emergence of new distinct product and it can be said that it will get covered under entry no. (id) of the serial no. 26 of the notification and will attract 12% GST rate. Hence, the amendment has lead to creating confusion in the minds of assessee as regards the applicable entry (id)/(iv) and applicable GST rate as it can be contended that the process undertaken on job work does not amount to manufacturing services which will have to be determined on case to case basis.
Moreover, the GST paid by job worker will be credited in electronic credit ledger of supplier, hence the complete exercise is revenue neutral. Hence, the logic behind lowering of rate on job work charges is beyond imagination.

This is solely for the educational purpose.
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