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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 RWA liable to pay GST only on the amount exceeding Rs.7500 : Madras High Court

GST update on RWA liable to pay GST only on the amount exceeding Rs.7500 : Madras High CourtGST update on RWA liable to pay GST only on the amount exceeding Rs.7500 : Madras High Court
The issue pertains to M/s TVH Lumbini Square Owners Association, Chennai approaching the Court against the decision of State GST authority. The AAR had earlier held that GST is payable on the entire monthly amount paid by member to its society. The exemption of Rs. 7500/- per month per member will not be applicable if the amount taken by RWA from its members exceeds Rs. 7500/- per month. This implies that GST will be payable on entire amount if it exceeds Rs. 7500/- per month per member. High Court in its verdict has overturned AAR ruling and a subsequent finance ministry circular. It held that the GST will be payable only on amount exceeding Rs. 7500/- per member per month.
We will be discussing this point in our today’s update. To understand this issue, let us first discuss the provisions of GST Act. Serial number 77 of notification number 12/2017-CT dated 28.06.2017 reads as follows:-
S.No. Chapter, Section, Heading , Group or service code Description of Services Rate Condition
1 ……..      
77 Heading 9995 Service by an unincorporated body or a non- profit entity registered under any law for the time being in force, to its own members by way of reimbursement of charges or share of contribution
(a) as a trade union;
(b) for the provision of carrying out any activity which is exempt from the levy of Goods and service Tax; or
(c) up to an amount of Rs.7,500 per month per member for sourcing of goods or services from a third person for the common use of its members in a housing society or a residential complex
 
Nil Nil
Earlier Flyer issued by CBIC also said in favour of taxpayers but later on above AAR ruling on 21.6.2019 held that the GST is payable on entire amount. CBIC has also issued circular number 109/28/2019-GST dated 22.7.2019 confirming the view of AAR.
Meanwhile, another Karnataka AAR in case of M/s Prestige South Ridge Apartment Owner’s Association has also taken the same view.
However, appellant knocked the doors of Madras High Court against the aforesaid ruling. It was argued by the petitioner that at the time of introduction of GST, the CBIC issued a flyer clarifying that GST is payable only on the amount in excess. All RWAs followed the same but later they changed track and issued a circular to the contrary. But this circular is going against the simple language of notification.
High Court interpreted many notifications where exemption was denied and tax was payable on entire amount but held that there is no such language in impugned entry 77. On the contrary, the entry employs the word “upto”. This clearly connotes that exemption upto Rs. 7500/- per month per member is applicable in every case. “Upto” means till that amount. Hence, any amount till Rs. 7500/- is exempt and amount recovered over and above will be taxable. Hence, AAR ruling as well as circular of department is going against the entry in notification. Hence, these are set aside.
Now, there are two AAR rulings. One has been set aside by the Court whereas other is still binding on applicant. But the decision of High Court of a state is binding all over India if there is no contrary decision of other High Court. Although the basic principle of precedent is that decision of High Court is binding in jurisdictional territory. But there is no adverse decision of any other High Court then verdict of High Court is binding all over India. Following the same, even the advance ruling of Karnataka High Court will not be binding and High Court decision will prevail.
 
This is solely for educational purpose.
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