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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 /2026-27/0038

GST UPDATE ON INTERMEDIARY SERVICES VS IMPORT OF SERVICES
GST UPDATE ON INTERMEDIARY SERVICES VS IMPORT OF SERVICES
In today's article, we discuss the recent decision of the GST Appellate Tribunal in the case of M/s Dow Chemical International Private Limited v. Commissioner of State Tax, wherein the Tribunal examined whether procurement support services received from a foreign group entity qualify as "intermediary services" or "import of services" under the GST law.
The ruling assumes significance for multinational groups operating centralized procurement, sourcing, and supply chain management functions through overseas affiliated entities. The decision provides important guidance on the distinction between intermediary services and services supplied on one's own account, which directly impacts the determination of place of supply and GST liability under reverse charge mechanism (RCM).
Brief Facts of the Case
Dow Chemical International Private Limited (Indian entity) entered into a Procurement Agreement with Dow Europe GmbH, Switzerland, a group company functioning as the centralized procurement hub for the global Dow Group.
Under the agreement, Dow Europe performed various procurement-related functions including:
  • Identification and evaluation of suppliers
  • Supplier negotiations
  • Procurement strategy development
  • Supplier relationship management
  • Procurement governance and analytics
  • Quality reviews and procurement optimization.
During the period January 2022 to June 2022, Dow India paid IGST under Reverse Charge Mechanism treating the services received from Dow Europe as import of services.
Subsequently, Dow India took the view that the services provided by Dow Europe were in the nature of intermediary services under Section 2(13) of the IGST Act. According to the company, the place of supply of intermediary services under Section 13(8)(b) of the IGST Act was the location of the supplier, i.e., Switzerland.
Therefore, the transaction did not qualify as import of services and GST paid earlier was claimed as refund. The refund claims were rejected by the adjudicating authority as well as the first appellate authority, leading to appeals before GSTAT.
 
Core Issue Before the Tribunal
Whether procurement support services provided by Dow Europe GmbH to Dow India constitute "intermediary services" under Section 2(13) of the IGST Act, or whether such services are supplied on “principal-to-principal basis” and therefore qualify as import of services liable to GST under reverse charge mechanism?
Appellant's Arguments
The appellant contended that:
  • The arrangement involved three parties namely Dow India, Dow Europe, and third-party suppliers. Dow Europe merely facilitated procurement between Dow India and foreign suppliers.
  • There existed two distinct supplies:
  • Main supply of goods between suppliers and Dow India; and
  • Ancillary facilitation services provided by Dow Europe.
  • Dow Europe did not supply goods on its own account but merely arranged and facilitated procurement.
  • Consideration paid to Dow Europe was linked to procurement volume and was similar to commission-based arrangements generally associated with intermediary services.
  • Reliance was placed upon various Advance Ruling decisions including Airbus Group India and Toshniwal Brothers wherein procurement facilitation activities were treated as intermediary services.
Department's Arguments
The Revenue argued that:
  • The Procurement Agreement specifically recognized Dow Europe as an independent contractor. Therefore it is not merely facilitating procurement but was independently rendering substantive procurement and sourcing services.
  • Dow Europe was not authorized to bind Dow India and was not acting as its agent.
  • Procurement strategy, supplier governance, analytics, quality management, and sourcing functions were core services rendered by Dow Europe on its own account.
  • Therefore, the exclusion contained in Section 2(13) of the IGST Act not applied, and the services could not be classified as intermediary services.
  • Consequently, the transaction constituted import of services taxable under reverse charge mechanism.
Tribunal's Observations and Decision
The Tribunal analyzed the definition of intermediary under Section 2(13) of the IGST Act along with CBIC Circular No. 159/15/2021-GST dated 20.09.2021.
The Tribunal observed that although three parties were involved in the overall procurement arrangement, the essential test was whether Dow Europe merely facilitated a supply between two principals or independently supplied substantive services on its own account.
The Tribunal noted that:
  • Dow Europe functioned as the centralized procurement hub of the entire Dow Group.It performed comprehensive procurement functions and not merely ancillary facilitation activities.
  • The services provided were core procurement services involving independent expertise, systems, governance, and strategic sourcing capabilities.
  • Dow Europe acted as an independent contractor and did not represent or bind Dow India. The services were supplied on principal-to-principal basis.
  • The transaction did not satisfy the essential conditions required for classification as intermediary services. Place of supply cannot be  governed by Section 13(8)(b) relating to intermediary services.
  • The arrangement was similar to the principles laid down by the Karnataka High Court in Columbia Sportswear India Sourcing Pvt. Ltd. and the Delhi High Court in Blackberry India Pvt. Ltd., wherein services rendered independently on principal-to-principal basis were held not to be intermediary services.
The Tribunal further held that Advance Ruling decisions relied upon by the appellant possess only persuasive value and cannot override binding judicial precedents of High Courts.
Accordingly, GSTAT held that the services rendered by Dow Europe were supplied cannot be classified as intermediary services under Section 2(13) of the IGST Act. These services were performed on its own account and therefore fell outside the scope of intermediary services.
Consequently, it was held that output tax was paid by Dow India validly and the refund claims filed by Dow India were rejected and all appeals were dismissed.
 
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