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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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GST UPDATE ON CHANGE IN RATE OF GOODS

GST UPDATE ON CHANGE IN RATE OF GOODS
28th GST Council Meeting Update
 
We have prepared a number of GST updates on 28th GST Council Meeting held on July 21, 2018. Below are GST Rate change on goods recommendations as decided in  this GST meeting with our observations on these amendments are as under:-
 
List of Goods on which GST Council has recommended rate reduction/ Exemption:-
  • GST Rate reduced to Nil Rate/Exemption clarification
 
  1. Stone/Marble/Wood Deities-
This does not mean marble is exempt. Only the Deities made of marble or made of stone or made of wood is exempt.
  1. Rakhi [other than that of precious or semi-precious material of 71 i.e.without precious material].
 
Recently there was AAR ruling of West Bengal state wherein it was decided that Rakhi is taxable. Hence, to overturn this AAR ruling, the exemption is given. But it implies that it was taxable previously. Litigation is bound to happen for previous period.
 
  1. Sanitary Napkins
There was demand from the sections that this product should be exempted. But earlier Finance Minister Mr. Arun Jaitely has explained in an interview with TV channel that exemption will lead to loss as ITC and the prices will not come down. But after GST council meeting currently acting Finance Minister Mr. Piyush Goyal was asked about the same but he has brushed aside the this question saying that do not pay weight age to professionals. Prices will surely come down. But this has not happened as there was news in Newspaper that prices have not come down and industry told that it is due to loss of ITC.
 
It is perplexing to note that the Government issued a Press Release dated 10th July 2017, explaining the logic of applying a GST rate of 12 per cent on sanitary napkins instead It is perplexing to note that the government issued a Press Release dated 10 July 2017, explaining the logic of applying a GST rate of 12 per cent on sanitary napkins instead of nil. The press release reported, “Reducing the GST rate on sanitary napkins to nil, will however, result in complete denial of ITC to domestic manufacturers of sanitary napkins and zero rating imports. This will make domestically manufactured sanitary napkins at a huge disadvantage vis-à-vis imports, which will be zero rated.”      
 But this logic has been brushed aside in this meeting and exemption is given to sanitary napkins.
 
Therefore, whether the GST Council’s decision to exempt sanitary napkins was beneficial to the public or not, only time would tell.             

 
  1. Coir pith compost
  2. Sal Leaves siali leaves and their products and Sabai Rope
  3. Phool Bhari Jhadoo [Raw material for Jhadoo]
  4. Khali dona
  5. Circulation and commemorative coins, sold by Security Printing and Minting Corporation of India Ltd [SPMCIL] to Ministry of Finance.
  6. Milk enriched with vitamins or minerals salt (fortified milk)
  7. Water supplied for public purposes (other than in sealed containers)
 
GST Council was exempt from GST on above category of goods. The rate has been reduced to Nil. The Government has requested manufacturers of these products to transfer the entire benefit to the end user.

However, does a lower tax rate always translate to reduction in the end price to the consumer? This may not be true. Lower output tax rate on any product does not necessarily mean that the embedded tax cost in the manufacturing of the product and its supply chain has reduced.          
Let us take the example of medical services. While medical services provided by hospitals are exempt — liable to nil GST rate — input and input services used by hospitals to provide medical services attract GST rates of 28 per cent or 18 per cent or 12 per cent. Land taken on lease for running a hospital and annual maintenance services attract GST of 18 per cent, surgical equipment and consumables used in operation theatres attract GST of 18 per cent or 12 per cent, air-conditioners used in hospital attract GST at the rate of 28 per cent. Hospitals have a small output GST liability on account of sale of medicines to out-patients. Thus, in the absence of adequate output GST liability, input GST paid on aforesaid goods and services used by hospitals adds to the cost of medical services and does not make them cheaper.         

  • GST Rate reduced to 5%
Item/ Goods Name Old GST Rate New GST Rate
Chenille fabrics and other fabrics under heading 5801 12% 5%
Handloom Dari 12% 5%
Phosphoric acid (fertilizer grade only). 12% 5%
Knitted cap/topi having retail sale value not exceeding Rs 1000 12% 5%
Bamboo flooring 12% 5%
Brass Kerosene Pressure Stove. 12% 5%
Hand Operated Rubber Roller 12% 5%
Zip and Slide Fasteners 12% 5%
Ethanol for sale to Oil Marketing Companies for blending with fuel 18% 5%
Solid bio fuel pellets 18% 5%
Footwear having a retail sale price up to Rs. 1000 per pair 12% 5%
Handmade carpets and other handmade textile floor coverings (including namda/gabba) 12% 5%
Handmade lace 12% 5%
Hand-woven tapestries 12% 5%
Hand-made braids and ornamental trimming in the piece 12% 5%
Toran 12% 5%
Tamarind Kernnel Powder, Modified or Unmodified Clarification 5%
Beet and Cane Sugar to include refined beet and cane sugar Clarification 5%
Marine engine Clarification 5%
Kota Stone, other than marble and granite Clarification 5%
 
 
  • GST Rate reduced to 12%
Item/ Goods Name Old GST Rate New GST Rate
Fuel Cell Vehicle 28% 12%
Handbags including pouches and purses; jewellery box 18% 12%
Wooden frames for painting, photographs, mirrors etc 18% 12%
Art ware of cork [including articles of sholapith] 18% 12%
Stone art ware, stone inlay work 18% 12%
Ornamental framed mirrors 18% 12%
Glass statues [other than those of crystal] 18% 12%
Glass art ware [ incl. pots, jars, votive, cask, cake cover, tulip bottle, vase ] 18% 12%
Art ware of iron 18% 12%
Art ware of brass, copper/ copper alloys, electro plated with nickel/silver 18% 12%
Aluminium art ware 18% 12%
Handcrafted lamps (including panchloga lamp) 18% 12%
Worked vegetable or mineral carving, articles thereof, articles of wax, of stearin, of natural gums or natural resins or of modelling pastes etc, (including articles of lac, shellac) 18% 12%
Ganjifa card 18% 12%
Fuel Cell Vehicle 28% 12%
Handbags including pouches and purses; jewellery box 18% 12%
Wooden frames for painting, photographs, mirrors etc 18% 12%
Art ware of cork [including articles of sholapith] 18% 12%
Stone art ware, stone inlay work 18% 12%
Ornamental framed mirrors 18% 12%
Glass statues [other than those of crystal] 18% 12%
Glass art ware [ incl. pots, jars, votive, cask, cake cover, tulip bottle, vase ] 18% 12%
Art ware of iron 18% 12%
Art ware of brass, copper/ copper alloys, electro plated with nickel/silver 18% 12%
Aluminium art ware 18% 12%
Handcrafted lamps (including panchloga lamp) 18% 12%
Worked vegetable or mineral carving, articles thereof, articles of wax, of stearin, of natural gums or natural resins or of modelling pastes etc, (including articles of lac, shellac) 18% 12%
Ganjifa card 18% 12%
 
 
  • GST Rate reduced to 18%
Item/ Goods Name Old GST Rate New GST Rate
Paints and varnishes (including enamels and lacquers) 28% 18%
Glaziers’ putty, grafting putty, resin cements 28% 18%
Refrigerators, freezers and other refrigerating or freezing equipment including water cooler, milk coolers, refrigerating equipment for leather industry, ice cream freezer etc 28% 18%
Washing machines. 28% 18%
Lithium-ion batteries 28% 18%
Vacuum cleaners 28% 18%
Domestic electrical appliances such as food grinders and mixers & food or vegetable juice extractor,shaver, hair clippers etc 28% 18%
Storage water heaters and immersion heaters, hair dryers, hand dryers, electric smoothing irons etc 28% 18%
Televisions upto the size of 68 cm 28% 18%
Special purpose motor vehicles. e.g., crane lorries, fire fighting vehicle, concrete mixer lorries, spraying lorries 28% 18%
Works trucks [self-propelled, not fitted with lifting or handling equipment] of the type used in factories,warehouses, dock areas or airports for short transport of goods. 28% 18%
Trailers and semi-trailers. 28% 18%
Miscellaneous articles such as scent sprays and similar toilet sprays, powder-puffs and pads for the application of cosmetics or toilet preparations. 28% 18%
Footwear having RSP more than 1000 18% 18%
Kota Stone, Ready to Use and Polished Clarification 18%
 
As per Section 117 of CGST Act, 2017which provides that it is mandatory to pass on the benefit due to reduction in rate of tax or from input tax credit to the consumer by way of commensurate reduction in prices.
The crux of the anti-profiteering rules is-
  • If there is reduction in rate of tax on the supply of goods or services or 
  • Benefit of input tax credit is now available under GST
Then a registered person must pass on the benefit by reduction in prices otherwise the Anti profiteering will be looking after the same. But reduction of prices depends on many vital factors. This is not true that the reduction in duty rate will clearly bring down the prices in same proportion. Even the reduction in MRP of goods already packed at factory location as well as at depots or shops cannot be done immediately. Moreover, at the same time supply chain cannot be disturbed. Even correction in MRP is against the provisions of Legal metrology Act. Market forces will bring down the prices automatically. Forcing the same through anti profiteering measures is not the right step.
 
 
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We hope the above is useful to you.
 
Your Need Our Concern…
 
Thanking you,
 
Regards,
 
 
Pradeep Jain, F.C.A.
 
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PRADEEP JAIN, F.C.A.

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