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Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

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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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