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Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

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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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