Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
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.  

Comments

Print   |    |  Comment

GST update on food catering, banquet etc. provided in self-owned marriage and party halls by separate entities under common ownership covered under ‘outdoor catering’

GST update on food catering, banquet etc. provided in self-owned marriage and party halls by separate entities under common ownership covered under ‘outdoor catering’
The taxability of hotel industries has been subject to complexities and dispute since the inception of the indirect taxes. The same sees to continue in GST regime. Whether catering of food, banquet facilities and combination of both in selfowned marriage and party halls is covered in Outdoor Catering and what is the GST Rate? This issue was recently raised before the Advance Ruling in the case of M/S Jewel Classic Hotels Pvt. Ltd. and same shall be discussed in our current update. The Appellant is running three separate units at three separate locations, having separate management, i.e. all operations, sales, accounting are being done separately by each separate team. The Appellant has conducted various parties, marriages & other events and such other custom services were also provided on demand basis. The appellant has taken services from another hotel on which is also owned by appellant. Here Hotel Jewels and Noor Mahal are not distinct persons. Address of Hotel Jewels mentioned as Principal Place of Business and Noor Mahal address mentioned as the additional place of business and both are owned by the same owner i.e. M/s Hotel Jewel Classic Pvt. Limited under the same GST registration number. The first question raised by applicant was whether catering of food, banquet facilities and combination of both in self-owned marriage and party halls by hotel covered in Outdoor Catering taxable @ 5 % as per Notification No. 20/2019 Dated 30th September 2019? Further in the premises of Hotel Jewels, there is no unit of accommodation above Rupees seven thousand five hundred rupees per unit per day. Whether rate of 5% will be applicable on same? For this AAR ruled that since the hotel jewels and Noor Mahal are not distinct persons. The hotel Jewels is the principal place of business and Noor Mahal is the additional place of business and both are owned by the CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??7 same owner i.e. M/s Hotel Jewel Classic Pvt. Ltd. under the same registration number. Further AAR said that in order to qualify for the outdoor catering services the supply of outdoor catering should not be provided by such suppliers who are providing 'hotel accommodation' at 'specified premises'. ln the present case, the applicant is providing hotel accommodation at Noor Mahal which is a specified premises. Thus, the applicant does not fulfill the condition. Thus, the same does not qualify for the outdoor catering taxable at 5%. Second question raised by applicant was that Hotel Jewels is providing outdoor catering at Hazuri Bagh which does not fall under the definition of Specified premises, hence the condition given in Notification is satisfied and thus Hotel Jewels is justifying in charging 5% GST. AAR stipulated that there are certain conditions to be satisfied in the above case such as where the supply of outdoor catering services should not be at specified premises and Hazuri Bagh is situated under the business premises of Noor Mahal Hotel, second unit of the above said taxpayer which is a specified premise. Therefore, the taxpayer is not entitled to supply @ 5% The third and last question asked was Whether the additional arrangements such as flower decoration, DJ, Dance Floor, Special cutlery, Electric/electronics items, arranging food/beverages of specific vendors, provided as ‘pure agent’ will be excluded from value of supply as given in Rule 33 of CGST Rules and thus no tax is required to be charge on them? For this, AAR ruled that the applicant has mentioned in its application that they take nominal/facilitation charges whether any liability to pay tax under GST arises or not. As per valuation rule provision of GST Act, 2017, the taxpayer does not satisfy the condition of the pure agent. The recipient should recover such amount as paid by him to the third party. Facilitation charges collected by him shall disqualify taxpayer from being pure agent. It is important to mention here that AAR were formed with an intention to reduce the existing burden on judiciary and to fasten the process of relief in certain disputes to the CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??8 assessee, but with the passage of time it seems that most decisions are in favour of GST department. This prorevenue approach is increasing the litigation in place of reducing the same. Hence, there is feeling that there is no benefit of going to AAR. It is unsettling the settled provisions. Even many consultants and departmental officers are of the view to ignore the decisions of Advance Rulings to reach a conclusion or to understand the legal position. Time and again, demand of inclusion of judicial members in this forum as well as constitution of national advance rulings is being raised.
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com