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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
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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GST Update on Supreme Court denying credit on Outdoor Catering Services

GST Update on Supreme Court denying credit on Outdoor Catering Services
The issue regarding admissibility of credit on outdoor catering services has been a matter of dispute since erstwhile indirect taxation regime when the Cenvat Credit Rules, 2004 (CCR, 2004) were in force. The definition of ‘input service’ under the erstwhile CCR, 2004 was amended several times which created lot of disputes as regards admissibility of credit on various services, one of them being the service of outdoor catering. The issue regarding availability of credit travelled upto the Supreme Court in the case of TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED VERSUS THE COMMISSIONER OF CENTRAL TAX wherein it was confirmed that the credit of outdoor catering services cannot be availed by the assessee post amendment in the definition of ‘input service’ in April, 2011. The in-depth analysis of this decision with its impact in GST era is the subject matter of consideration of the present update. The petitioner contended that as per the Factories Act, 1948, they are under an obligation to establish a canteen in the premises of the factory and as per the Rules framed by the State of Karnataka, i.e., Mysore Factory Rules, the petitioner is required to maintain and supply food stuffs in the canteen. Moreover, the cost of providing canteen facility is being included in the manufacturing cost of finished product on which central excise duty is being discharged. Hence, they are eligible for availing credit of outdoor catering services provided by M/s Sodexho Food Solutions Private Limited. The hon’ble Supreme Court pursued the amended definition of “input service” under Rule 2(l) of the Cenvat Credit Rules, 2004, and concluded that the services of outdoor catering have been explicitly mentioned in the exclusion clause of the definition thereby meaning that post amendment w.e.f. April, 2011, the assessee cannot avail credit on outdoor catering services. The reliance placed by the petitioner on the decision given by hon’ble Madras High Court in the case of GANESHAN BUILDERS LTD. was also rejected on the grounds that canteen facility has been established primarily for personal use or consumption of the employees and so it is not permissible for the assessee to claim credit on account of specific prohibition contained in the definition of input service. The Apex Court concluded that there is no ambiguity in the statue and therefore, the court cannot add or substitute words in the statutory provisions while interpreting the statutory provision. The Supreme Court rejected reliance placed on various decisions by the petitioner on the grounds that they are pertaining to preamendment era and so not relevant in the facts and circumstances of the present case. Hence, the issue was decided against the petitioner by upholding denial of credit on outdoor catering services. The above decision is definitely setback to the assessees for the pre-GST era as the credit has been denied irrespective of the fact that maintaining canteen facility is statutory obligation under the Factories Act, 1948. If we compare the analogy of this decision in light of the provisions contained in the GST law, we find that the ratio of this decision may not be applicable in the GST era. This is primarily for the reason that under GST Law, section 17(5) providing restrictions in availment of input tax credit carves out exception by way of proviso that input tax credit in respect of restricted goods or services are admissible if they are obligatory for employer to provide the same to its employees or are used for making an outward supply of same category of goods or services. Consequently, the input tax credit may be allowed in restricted goods or services if it is obligatory to provide the same for employers. It is pertinent to mention here that there is controversy in the admissibility of input tax credit in view of the GST rate notification no. 11/2017-Central Tax (Rate) dated 28.06.2017 which prescribes condition of non-availment of ITC. This has been discussed in detail on earlier occasion in our separate GST update on section 17(5) versus rate notification. Hence, in our opinion, the ratio of the Supreme Court decision may not be applicable in the GST regime.
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PRADEEP JAIN, F.C.A.

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