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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 COMPOSITION SCHEME FOR SERVICE PROVIDERS

GST UPDATE ON COMPOSITION SCHEME FOR SERVICE PROVIDERS

In the 32nd GST Council Meeting held on 10.01.2019, proposal was made for introducing composition scheme for suppliers of services and supplier of services and goods both and this has been finally implemented vide Notification No. 2/2019-Central Tax (Rate) dated 07.03.2019. However, the notification does not have reference of section 10 of the CGST Act, 2017 pertaining to composition levy. The notification no. 2/2019 has been issued  as Central Tax (Rate) Notification having reference of section 9(1) pertaining to levy and collection, section 11(1) specifying power to grant exemption from tax and section 16(1) of the CGST Act, 2017 stating eligibility and conditions for taking input tax credit. The main portion of the notification specifying the powers under which the notification has been issued itself indicates that the notification no. 2/2019-Central Tax (Rate) is not composition scheme and rather it is kind of exemption notification.
The composition levy under section 10 of the CGST Act, 2017 is different from the levy of GST under section 9 of the CGST Act, 2017 (normal scheme). As per the notification, the first supplies of goods or services or both upto an aggregate turnover of fifty lakh rupees made on or after 1st April, in any financial year by a registered person shall attract central tax at the rate of three per cent on all outward supplies subject to fulfilment of the condition that supplies made in the preceding financial year was fifty lakhs rupees or below.  Furthermore, there is an explanation to the notification which reads as follows:-
Explanation.-For the purposes of this notification, the expression “first supplies of goods or services or both” shall, for the purposes of determining eligibility of a person to pay tax under this notification, include the supplies from the first day of April of a financial year to the date from which he becomes liable for registration under the said Act but for the purpose of determination of tax payable under this notification shall not include the supplies from the first day of April of a financial year to the date from which he becomes liable for registration under the Act.
 
Now, since this scheme is applicable with effect from 01.04.2019, there is doubt amongst the already registered assessees having turnover less than Rs. 50 Lakhs in preceding financial year to avail the benefit of this notification no. 2/2019 along with the benefit of Rs. 20 Lakhs given under section 22(1) of the CGST Act, 2017. This is for the reason that the limit of Rs. 20 Lakhs given under section 22(1) of the CGST Act, 2017 is not exemption threshold but the limit for getting registration under GST Law. Now, if an assessee wants to avail dual benefit, whether it is possible to surrender the registration so that the benefit of notification no. 2/2019 along with benefit of Rs. 20 Lakhs given under section 22(1) of the CGST Act, 2017 is availed? It is submitted that even if the benefit of Rs. 20 lakhs is availed by surrendering the existing registration, then too, the benefit of Rs. 20 Lakhs will be available only if there is no liability under reverse charge mechanism as if there is any such liability, assessee will be mandatorily required to get registration under section 24 of the CGST Act, 2017.The above provision can be explained with the help of an example as follows:-
 
M/s ABC Pvt. Ltd. is engaged in providing consultancy services. The aggregate turnover in the financial year 2018-19 was Rs. 35 Lakhs. M/s ABC Pvt. Ltd. has surrendered its existing registration on 31.03.2019. The value of supplies made during the month of April, 2019 was Rs. 2 Lakhs. M/s ABC Pvt. Ltd. received services from advocate in the month of May, 2019 and paid the advocate an amount of Rs. 50,000/- on 17.05.2019. Consequently, M/s ABC Pvt. Ltd. became liable to get registration in the month of May, 2017 and is required to take registration within period of 30 days from 17.05.2019. Now, suppose, the value of supplies made upto 17.05.2019 is Rs. 75,000/-.
 
According to the explanation, the value of supplies made from 01.04.2019 will be included for computing the eligibility limit of applicability of composition levy to the extent of Rs. 50 Lakhs but no tax will be payable under composition scheme for the supplies made from 01.04.2019 to 17.05.2019. M/s ABC will be liable to pay GST at the rate of 6% only on supplies made w.e.f. 18.05.2019.
 
It is submitted that the limit of Rs. 20 Lakhs given under section 22 (1) of the CGST Act, 2017 is only with respect to registration under the GST Law and is not any threshold limit of exemption. Consequently, the assessee is not liable to pay GST only upto the time when he is not liable to get registration as per section 22(1) of the CGST Act, 2017. It is pertinent to mention that section 24 of the CGST Act, 2017 specifies the categories wherein compulsory registration is to be taken by the assessee in certain cases wherein one of the case is liability to pay GST under reverse charge. As the para 7 of the notification clearly states that the assessee opting for composition levy will be liable to pay GST at applicable rates under reverse charge mechanism, the assessee will be liable to pay GST at the rate of 6% as soon as the assessee becomes liable to take registration even under section 24 of the CGST Act, 2017. It is pertinent to mention that the section 24 of the CGST Act, 2017 only overrides the section 22(1) and does not override section 23. However, since the assessee engaged in exempted supply of goods or services cannot opt for composition scheme, the assessee is not rescued by the rigours of section 24 pertaining to mandatory registration.
 
Now, another question that needs to be answered is the compliance to be done by the assessees under notification no. 2/2019. It is worth noting that one Removal of Difficulty Order No. 3/2019-Central Tax dated 08.03.2019 has been issued in order to clarify that person option for the notification no. 2/2019 shall issue bill of supply under section 31(3)(c) of the CGST Act, 2017. However, there is no mention regarding the returns to be filed by such assessee. Presently, the assessees opting for composition scheme under section 10 of the CGST Act, 2017 are required to file quarterly return under GSTR-4 and even the form of annual return for such assessees is GSTR-9A. However, since the present composition scheme for service providers is not covered under section 10 of the CGST Act, 2017, a suitable clarification as regards the applicability of returns is expected from the government. Moreover, there are separate Rules for composition dealers regarding restriction of inter-state goods/imported goods held in stock on the date of exercising option of composition scheme. There is also procedure for withdrawal from the scheme and procedure for giving stock details on the date of opting out from the scheme in order to avail the input tax credit. It is worth noting that all the Rules specifically have reference of section 10 of the CGST Act, 2017 but since the present composition scheme for supplier of services or goods or services both does not mention section 10, it is sure that the said Composition Rules are not applicable for assessee opting for composition under notification 2/2019. Well, it appears that a lot is required to be done by government else it will lead to chaos and confusion as regards the new composition scheme launched by them.This is solely for the educational purpose.
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