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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
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GST UPDATE ON ITC ADMISSIBILITY ON CASH CARRYING VANS 79/2020-21

GST UPDATE ON ITC ADMISSIBILITY ON CASH CARRYING VANS 79/2020-21
The issue regarding admissibility of input tax credit on cash carrying vans has travelled upto High Court whereby the Hon’ble Bombay High Court remanded the matter back to the Appellate Authority for Advance Ruling for decision afresh after analysing the submissions made by the applicant, M/s CMS Info Systems Ltd. Since there was difference of opinion amongst the members of AAR on this issue, the matter was referred to AAAR, who originally denied the input tax credit on the fabrication of vans carrying cash to ATMs according to the guidelines of RBI on the grounds that the said vans cannot be considered as engaged in transportation of goods as the definition of goods given under section 2(52) of the CGST Act, 2017 excludes money and securities. It was held by the AAAR originally that the supply of such fabricated motor vehicles after usage as scrap is liable to GST and the input tax credit of the purchase of motor vehicles is not admissible. However, the issue was again considered by the AAAR on account of directions of Hon’ble Bombay High Court and the de-novo proceedings are the subject matter of discussion of the present update.
 
The main point involved was whether money/currency can be considered as “goods” and consequently, the input tax credit of vans carrying such currency can be construed as transportation of goods or not. It was held that the meaning of money as given under section 2(75) of the CGST Act, 2017 stated that money means any legal tender or any foreign currency, cheque, promissory note, bill of exchange, letter of credit, draft, pay order, traveler’s cheque, money order, postal or electronic remittance or any other instrument recognised by the Reserve Bank of India when used as a consideration to settle an obligation or exchange with Indian legal tender of another denomination but shall not include any currency that is held for its numismatic value. The AAAR held that as per agreement submitted by the appellant, it was clear that the cash given to them for transportation could not be used by them for any other purpose except for which it was given. Consequently, the cash carried by the cash carrying vans could not be considered as money so as to treat it as not covered by the definition of goods given in the CGST Act, 2017.
 
It is worth mentioning that reference was also made to provisions contained in Rule 138(14) of the CGST Rules, 2017 which specifies those goods which do not require generation of e-way bills for their transportation wherein money is also specified thereby indicating that money is to be treated as goods for its movement. Therefore, it was held that money transported by appellant in cash carrying vans can be considered as goods and so the appellant is eligible for availing input tax credit of purchase of motor vehicles which were used for transportation of goods being cash.
 
This decision indicates that the law cannot be read literally and at times, we need to apply the principle of harmonious construction for interpretation of the provisions of any Statue. In the present case, the definition of goods excluded money and so the input tax credit was denied on the grounds that the cash carrying vans are not transporting goods so as to be eligible for availment of credit. However, the Hon’ble High Court and the AAAR realised the importance of the phrase “In this Act, unless the context otherwise requires” appearing at the beginning of the definition section 2 of CGST Act, 2017 and resorted to purposeful interpretation of the definition of money given in section 2(75) of the CGST Act, 2017. The matter travelled upto to High Court and was finally decided by correctly interpreting the provisions of law by AAAR but with a huge litigation cost to the assessee. Litigation is definitely a costly affair in GST.
 
This is solely for educational purpose. 
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