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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 taxability of penalty charged for delayed payment of subscription amount 112/2020-21

GST Update on taxability of penalty charged for delayed payment of subscription amount 112/2020-21
The present update seeks to discuss the recent Advance Ruling pronounced by Andhra Pradesh AAR in the case of M/s Ushabala Chits Private Ltd. Applicant is a chit fund organization conducting chit auctions for the past 36 years. They register the members and conduct auctions. The organizations are collecting subscription money from members by dividing the prize money with number of members. They are collecting commission from members i.e. 5% from the amount to be distributed to the members taking the prize money and have paid GST on the commission @ 12%. However, many a times subscribers fail to deposit subscription amount within the specified date so that the organization is borrowing money from bank and making payment to the prized subscribers. In order to maintain payment cycle and also recover interest cost which was charged by the bank, the organizations charging interest/penalty from the members paying the subscriptions belatedly and interest dependent upon the period of delay from specified date of payment to actual date of payment. The question raised by the applicant is whether the interest/penalty collected for delay is supply under GST and if yes, what is the classification and rate of tax applicable?

The applicant contended that the actionable claims are neither supply of goods nor services as per Schedule III of CGST Act, 2017 and since prize money paid to the winning subscriber is actionable claim not liable to GST, the interest/penalty charged for delayed subscription is also not liable to GST. It was also contended that interests on deposits are exempt from GST Act in terms of Sl.no.27 of the Notification No.11/2017-CT (Rate).

The AAR held that exemption from levy of GST is to interest on deposits, loans and advances whereas in the present case, the applicant is charging penalty which partakes the character of fees/charges in relation to extending deposits, loans and advances which is liable to GST as per clarification issued vide Circular no. 102/12/2019-GST.

To clarify the position, it was stated that there is difference between lottery ticket and bus ticket as a lottery ticket is actionable claim but bus ticket is not actionable claim. Purchase of a bus ticket gives the right to a person to travel by bus. It is nothing other than a contract of carriage. It clearly clarified that assignment of right of recovery of unsecured debt is actionable claim. Therefore, chit amount will not come under purview of actionable claim. The additional amount being charged for delay of payment by whatever name called should be classified as principal supply and the classification of the same cannot differ from the original supply. Hence, the additional amount charged on delayed payment shall be taxed as per original supply i.e. supply of financial and related services.

It was held that the activity is classified under SI. No 15 of Heading 9971 Financial and related services, attracting GST @12% as per Notification No. 8/2017-Integrated Tax (Rate) dated, the 28th June, 2017 as amended from time to time.

 

It is often observed that decisions of advance rulings are pro-revenue but in the present case, the AAR has gone one step forward and has held that the main activity of collecting chit amount is not actionable claim and so the penalty charged for delay in payment of subscription amount will be chargeable to GST @12%  according to the original supply of financial and related services.

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