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Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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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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