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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 LEVIABILITY OF GST ON LIQUOR LICENSE

GST UPDATE ON LEVIABILITY OF GST ON LIQUOR LICENSE
In our earlier update, we had discussed the history of litigation as regards leviability of service tax on liquor license along with the probable opinion as regards leviability of GST on liquor license granted by State Governments. However, the issue is not free from dispute till date and we hereby discuss the other aspects in our present update. Before proceeding further, we briefly discuss the relevant provisions under the GST Law.

The definition of supply given under section 7(1)(a) includes all forms of supply of goods or services or both such as sale, transfer, barter, exchange, license, rental, lease of disposal made or agreed to be made for a consideration by a person in the course or furtherance of business. It is submitted that the definition of supply explicitly mentions license within its ambit and so it can be said that grant of license is liable to GST and that too, under reverse charge mechanism. However, at the same time, reference may also be made to entry no. 47 of the Exemption Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 which reads as follows:-
Services provided by the Central Government, State Government, Union territory or local authority by way of-

(a) registration required under any law for the time being in force;

(b) testing, calibration, safety check or certification relating to protection or safety of workers, consumers or public at large, including fire license, required under any law for the time being in force.
The grant of liquor license should be considered as variant of registration granted for trading in alcohol and so no GST should be leviable on the same. Although, GST Council in its 26th meeting held on 10.3.2018 decided that no GST is leviable on licenses for alcoholic liquor for human consumption but no notification has been issued in this regard till date. However, the recent decision rendered by the Hon’ble Delhi High Court in the case of Jagatjit Industries Limited & ANR Vs Union of India & Others and Sabmiller India Limited & ANR Vs Union of India & Others confirmed the fact that the Central Government has accepted the decision of the GST Council. Inspite of this, there is no legal backing available with the assessees to defend their case as regards non-leviability of GST on the license granted by the State Government for alcohol.
However, recently the minutes of the GST Council Meeting in which the decision as regards non-leviability of GST on grant of license for liquor was taken has been made available. The minutes of the meeting along with High Court decision can definitely be a strong ground for the assessee to justify non-payment of GST under reverse charge mechanism. It is pertinent to mention that certain assessees had paid service tax on liquor license along with interest and 15% penalty so as to conclude the proceedings but the decision of the Delhi High Court and minutes of GST Council meeting strongly indicate that no service tax/GST is payable. Now, the question arises is whether the assessee who has concluded the proceedings can claim refund of the tax paid in lieu of judgment pronounced by Hon’ble Delhi High Court and the minutes of the GST Council Meeting? Well, if refund is not granted to assessees who concluded their proceedings by paying tax along with interest and penalty, it will put such assessees at disadvantageous position from the assessees who did not respond to the departmental letters regarding levy of service tax on liquor license granted by State Government.
FAQ s are issued by the government to bring more clarity. However, it has no legal backing.The content of this GST update is for educational purpose only and not intended for solicitation.
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