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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 Gift Vouchers Liable to be taxed at 18%

GST Update on Gift Vouchers Liable to be taxed at 18%
In today’s era, supply of various vouchers such as gift vouchers, cash back vouchers is very common and the moot question lies as regards their taxability in GST, valuation, time of supply and the rate of GST applicable. This issue was extensively dealt with recently by hon’ble Karnataka AAR in the case of M/s Premier Sales Promotion Pvt. Ltd. [KAR ADRG  37/2021 dated 30.07.2021]. The applicant asked two questions to the AAR- 1. Whether supply of vouchers is taxable and 2. If yes, the rate of GST applicable on the same. The outcome of this ruling is the subject matter of discussion of our present update.
The applicant is involved in the trading of vouchers in the course or furtherance of its business.With respect to gift vouchers, AAR noted that the applicant purchases the said vouchers and sells the same to its clients, who in turn distributes them to their customers and the customers use them to discharge their obligation to pay consideration for goods or services procured by them from their suppliers. It was contended by the applicant that the above activity amounts to transaction in money or it should be considered as actionable claim which is covered under Schedule III to CGST Act, 2017 as neither supply of goods nor supply of services. However, the AAR observed that the said vouchers are although instruments recognized by RBI but cannot be covered under the definition of "money" as they are not used for settling obligation for payment of consideration between applicant and the client but rather are used for payment of consideration for supply of goods or services procured by end-user.  Moreover, it was also held that since vouchers are not debt, they cannot be considered as ‘actionable claim’ not liable to GST. The AAR categorically held that transaction of trading of vouchers for consideration is supply and liable to GST as goods can be both tangible and intangible. The AAR also discussed the specific provisions contained in section 12(4) & (5) for determining time of supply in case of supply of vouchers. It was held that the supply of vouchers, including e-vouchers would attract GST at the rate of 18% as per entry no. 453 of Schedule 3 of the Notification No. 01/2017-Central Tax (Rate) dated 28.06.2017.
In this context, reference is invited to the decision pronounced in the case of M/s KALYAN JEWELLERS wherein Tamil Nadu AAAR has held that the Gift vouchers or pre-paid instruments are neither goods nor services, but instruments of consideration and so GST is not applicable on the supply of vouchers, but on the underlying supply of goods/services at the time of redemption.
Time and again, it is proved that AAR is unsettling the settled issues and giving pro-revenue decisions. It is submitted that a voucher gets its worth from the underlying goods or services redeemable against them. When GST is leviable on the supply of goods or services against vouchers, the supply of vouchers should not attract GST. Therefore, the CBIC must come out with appropriate clarification in this regard.
 
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