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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 whether Rajasthan AAR competent to decide on registration requirement in another State? 028/2020-21

GST Update on whether Rajasthan AAR competent to decide on registration requirement in another State? 028/2020-21
GST Update on whether Rajasthan AAR competent to decide on registration requirement in another State?
 
The present update intends to discuss the Advance Ruling given in the case of M/s T & D Electricals. The question placed before the Advance Ruling was the requirement of separate registration for executing works contract in another State and leviability of tax-whether CGST/SGST or IGST if separate registration is not taken in Karnataka and goods are purchased from dealer in Rajasthan for delivery at Karnataka along with admissibility of input tax credit on such goods. The Authority for Advance Ruling denied to given any decision on the questions raised before it by merely stating that the question involves GST registration in Karnataka which is beyond the purview of this authority. In this respect, the issue that needs to be examined is whether Rajasthan AAR cannot decide on liability to get registration under GST in another State? It is common that an assessee registered under Rajasthan would approach AAR of Rajasthan for any clarification or decision on any issue. We hereby make an attempt to discuss this issue with respect to provisions contained in CGST Act, 2017.
 
According to the provision contained in section 97 (2) of the CGST Act, 2017, the question on which the advance ruling is sought under this Act, shall be in respect of specified issues as detailed below-
(a) classification of any goods or services or both;
(b) applicability of a notification issued under the provisions of this Act;
(c) determination of time and value of supply of goods or services or both;
(d) admissibility of input tax credit of tax paid or deemed to have been paid;
(e) determination of the liability to pay tax on any goods or services or both;
(f) whether applicant is required to be registered;
(g) whether any particular thing done by the applicant with respect to any goods
or services or both amounts to or results in a supply of goods or services or both,
within the meaning of that term.
As can be observed, the clause (f) of section 97(2) of the CGST Act, 2017, applicant can file application before the AAR to determine whether there is requirement to get registered or not. Now, the question arises is whether the application is to be necessarily filed before the AAR of the State in which registration is to be taken? Normally, it is presumed that CGST Act, 2017 is Central Tax which is applicable throughout India but practically it is not so. Although CGST Act is a Central Tax but since the State Tax varies with the State, CGST Act is also State specific and this is the reason why cross utilisation of CGST credit is not permissible. However, if an assessee is registered in Rajasthan then the Advance Ruling set up in that State will have jurisdiction to decide cases with respect to liability to get registration which is a broad question and is irrespective of the fact that decision pertains to liability to get registration in other State. Therefore, in our opinion, the decision of the above advance ruling requires reconsideration.
In support of our contention, we wish to discuss the other issues covered by the section 97(2) which are of wide amplitude such as determination of liability to pay tax on any goods or services. For example, if assessee registered in Rajasthan is providing inter state supply of goods/services and wants to determine its tax liability, which is infact covered by IGST Act, 2017, then in that case, whether Rajasthan AAR can refuse to take decision and say that they are liable to determine tax liability of only intra state transactions? Such a view appears to be faulty and not at all logical.
In this context, reference may also be made to decision given by the Maharashtra AAR in the case of GANDHAR OIL REFINERY (INDIA) LTD. [2019 (26) G.S.T.L.531 (A.A.R.-GST)] wherein it was held that importer registered in Mumbai is not required to take separate registrations in various ports located in different States and can supply imported goods directly from port to the receiver of goods. The above decision is clearly supporting our view and is clearly contradicting the view of Rajasthan AAR.
Before parting, it is pertinent to mention that recently Hon’ble Kerala High Court in the case of SUTERHLAND MORTGAGE SERVICES INC. VERSUS THE PRINCIPAL COMMISSIONER wherein it was held that the act of AAR denying to comment on whether transaction is export of service on the grounds that AAR is not empowered to comment on place of supply provisions is wrong because the transaction would be covered under broader clause (e) of section 97(2) of CGST Act, 2017 pertaining to determination of tax liability. Similarly, it submitted that the Hon’ble Rajasthan AAR should have pronounced the ruling on merits irrespective of the fact that the liability to registration pertained to another State, being Karnataka.
 
This is solely for educational purpose.
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