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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 part 5 of advance ruling decision in case of M/s JSW energy ltd.

GST update on part 5 of advance ruling decision in case of M/s JSW energy ltd.

In our earlier updates, we have deliberated upon various issues that were discussed at length in the Advance Ruling pronounced in the case of M/s JSW Energy Ltd. Finally, we discuss the vital question that has arisen from the decision of AAAR by placing reliance on the Apex Court decision of M/S PRESTIGE ENGINEERING (INDIA) VS COLLECTOR OF C.EX., MEERUT [1994 (73) E.L.T. 497 (S.C.)]. In nutshell, it has been concluded that in order to consider an activity as ‘job-work’, minimal addition of materials is required to be done by the job-worker. Now, the question arises is whether reliance placed on the Supreme Court decision that was rendered in erstwhile regime can be made applicable in the GST regime? There has been material departure in the indirect taxation laws with the introduction of GST regime as now there is one tax for Goods and Services. Moreover, the concept of ‘composite supply’ has been introduced which was not prevalent in the earlier laws.
 
 
It is worth noting that as per entry no. 3 of Schedule II, ‘Any treatment or process which is applied to another person’s goods is a supply of services’. It is submitted that ‘job-work’ is considered as ‘service’ under the GST Law. Now, the question that arises is whether the addition of materials is substantive factor determining the activity as job work or not as stated in the Apex Court decision stated above? Also, whether the concept of ‘composite supply’ as defined in section is applicable in case of activities specified in Schedule-II?
 
It is submitted that in our opinion, since the ‘job work’ is considered as service under GST Law, the quantum of addition in the form of materials by the job-worker cannot be determinative factor for considering an activity as ‘job-work’. To illustrate, construction of complex is considered as ‘service’ under entry no. 5 of the Schedule-II but practically it is observed that substantial material is added during the course of providing such service. Consequently, merely because substantial material is added does not lead to conclusion that the activity is supply of goods and not that of service. If any activity is considered as service then the GST is to be applied accordingly and the quantum of materials cannot alter the situation.
 
It is further submitted that although the concept of ‘composite supply’ will not come into picture in case of job-work, even otherwise, in our opinion, the decision of Apex Court which has been rendered in the erstwhile Central Excise Laws cannot be made applicable in the GST regime. Even we have referred some decisions where it is clearly held that decision of Supreme Court is applicable for notification 119/75 and not on all the job work provision. It is submitted that as per the concept of ‘composite supply’, the GST is to be levied according to the GST rate applicable to the principal supply. For example- in case of repairing of car on a lump sum amount in a composite contract, the entire transaction will be treated as repair and maintenance service even though the material portion is around 80% as the principal supply is that of repairing of motor vehicle. Similarly, in case where there is accommodation package including breakfast, the transaction is leviable to GST as applicable for accommodation service being the principal supply. It is also pertinent to mention that the value is not relevant and rather the dominant nature of the transaction is important. Say for example, in case of organisation of function, the charges for hall may be Rs. 5,00,000/- while that of supply of food may be Rs. 10,00,000/- being substantial value in monetary terms but inspite of this, the transaction would be considered as ‘Mandap Keeper Service’ and not that of ‘Supply of food and beverages’. Similarly, if a person has undergone a heart surgery and stent has been used which has major cost of total package. Then also, the principal supply is health care services and it cannot be termed as supply of material considering the value of goods. Therefore, this analogy can be applied in case of job-work also and the applicability of Apex Court decision in GST regime is certainly doubtful. This is for the reason that it is possible that the value of materials used by the job-worker is substantial but still the process is to be considered as ‘job-work’ being service and not supply of goods.
 
Well, the AAAR has infused a new point for litigation as regards the job-work activity is concerned which may adversely effect the job-workers particularly of textile industry where most of the processes are outsourced to job-work. In such situations, revenue authorities may dispute the activities to be ‘job-work’ on the grounds that substantial additions in the form of material have been done which is not permissible. But from above, it is clear that law pertaining to excise law cannot be applied in GST regime. The complete concept has changed in GST and concept of principal supply has been introduced. But this concept was not prevailing in Central Excise regime.   
 
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