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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-19.12.2016

SECTION 15 VALUE OF TAXABLE SUPPLY UNDER REVISED GST LAW:-

GST DAILY DOSE OF UPDATION
 
SECTION 15 VALUE OF TAXABLE SUPPLY UNDER REVISED GST LAW:-
 
There is material departure in the valuation provisions of a taxable supply in the revised GST Law. A comparative analysis of the changes made with respect to present laws is made as follows:-
 
The valuation of taxable supply has been specified to be transaction value provided that supplier and recipient are not related and price is the sole consideration for supply. Apart from this, certain inclusions and exclusions have also been provided in the transaction value which is discussed in the succeeding paragraphs.
 
Firstly, we discuss the deletions made in the inclusive list of transaction value. The amortised value of goods/services supplied free of cost or at reduced price for use in connection with supply of goods/services so valued to the extent not included has been deleted thereby meaning that free supplies are no longer added in the transaction value. At present, under excise laws, amortised value of free supplies is added while under Service Tax Laws, larger bench of Tribunal in case of Bhayana Builders Case has ruled that free supplies are not to be added in the taxable value of service. Therefore, presently the issue as regards inclusion of free supplies in the taxable value of services is under dispute. However, under GST regime, it appears that the free supplies are not includible in the transaction value. However, at the same time, clause (b) of the section states that any amount incurred by recipeint of the supply that was supposed to be paid by supplier and which is not included in the price is to be added in the transaction value. This somehow indicates that free supplies should also be included in the transaction value but specific deletion of the clause leads to interpretation that free supplies are not to be included in transaction value.
Second deletion is regarding royalties and licence fees related to the supply of goods and/or services beingvalued that the recipient of supply must pay, either directly or indirectly, as a conditionof the said supply, to the extent that such royalties and fees are not included in the priceactually paid or payable.
 
Apart from above deletions, a new clause (d) has been inserted in the inclusion list regarding interest or late fee or penalty for delayed payment of any consideration for any supply. This has the effect that interest charged from the receiver which is in the nature of penalty for delayed payment will also be leviable to GST. As per present Excise/Service Tax Laws, there are number of judicial pronouncements holding that interest for delayed payment is not includible in the transaction value. This will definitely lead to enhancement in the transaction value.
 
Thirdly, Old GST Law provided that any reimbursable expenditure or cost incurred by or on behalf of the supplier and charged in relation to the supply of goods and/or services was also to be included in the transaction value. But, this clause has been deleted in the Revised GST Law which is highly appreciated. Presently, as per Service Tax Laws, there is Delhi High Court decision in the case of Inter Continental Techno Crafts quashing the Rule 5 specifying that reimbursable expenditure is includible in the taxable value of service.
 
 
There are also amendments in certain clauses, prominent being that as per old GST Law, value of supply included any taxes, duties, fees and charges levied under any statute other than the SGSTAct or the CGST Act or the IGST Act. However, as per revised GST Law, value of supply will include any taxes, duties, cesses, fees and charges levied under any statute, other than the {SGST Act/the CGST Act} and the Goods and Services Tax (Compensation to the States for Loss of Revenue) Act, 2016, if charged separately by the supplier to the recipient. Here, mention of IGST is missing which means that even IGST will be included in transaction value.
 
Furthermore, as per old GST Law, subsidies provided in any form or manner, linked to the supply were included in transaction value but as per revised GST law, subsidies provided by the Central and State Government are not to be included. This is a very appreciable step because presently, under Central Excise Laws, even subsidies provided by Central and State Governments are included in the transaction value in light of Apex Court decision in the case of Maruti Suzuki and Super Synotex.
 
Lastly, in the earlier Draft GST Law, situations were specified wherein transaction value was not applicable but not the said sub-section has been deleted.
 
 
 
 

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