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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 24.08.2016

SECTION 3 MEANING AND SCOPE OF SUPPLY

 
GST DAILY DOSE OF UPDATION:-
 
 
SECTION 3 MEANING AND SCOPE OF SUPPLY:- The definition of supply that is proposed in the Model GST Law is inclusive thereby meaning that the scope of supply is very wide. Supply includes all forms of supply of goods and/or services such as sale, transfer, barter, exchange, license, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business. It is observed that even the transaction of barter or exchange is covered within the ambit of supply. Say for example, if Mr. A provides dry cleaning services to Mr. B (being dealer of mobiles) and in return, Mr. B gives mobile to Mr. A. This kind of transaction will also be considered as supply and will be leviable to GST. However, the valuation of the transaction, both from the point of view of Mr. A and Mr. B will be covered in the valuation update. Similarly, supply of license will also be treated as supply ad will be leviable to GST. However, licenses are also granted by the government as a part of statutory obligations and administration. In such a case, whether GST will be payable is not clearly mentioned.
 
Secondly, importation of service, whether or not for a consideration and whether or not in the course or furtherance of business is considered as supply. The phrase “whether or not in the course or furtherance of business” will have the far reaching effect of levying GST even if services are imported for personal use. Say for example, if any game is downloaded online, GST will be payable under reverse charge mechanism.
 
Furthermore, certain supply specified in Schedule I, made or agreed to be made without a consideration will also be treated as supply. The supply specified in Schedule I is listed as follows:-
 
(1)             Permanent transfer/disposal of business assets- This will lead to levy of GST on sale of all business assets. Presently, higher of duty on transaction value or credit reversal on depreciated value is payable on sale of used capital goods. This provision is imported in GST regime but along with it there is requirement to pay GST even on other business assets. Whether immovable property will also get covered under business assets will be a matter of concern.
 
(2)             Temporary application of business assets to a private or non-business use:- GST will be payable even if business assets are given on rent or lease to third parties. Even the personal use of telephone or motor car by employees will be covered under the same.
 
(3)             Service put to a private or non-business use:- Chartered Accountant giving free services to friends will be treated as supply. The valuation of free services will be determined by valuation rules.
 
(4)             Assets retained after deregistration.
 
(5)             Supply of goods and /or services by a taxable person to another taxable or non-taxable person in the course or furtherance of business:- Gift items provided with products will also be leviable to GST.
 
Moreover, transactions between principal and agent for an agreed commission or brokerage shall be deemed to be a supply and leviable to GST. Apart from the above, the Central or a State Government may, upon recommendation of the GST Council, specify, by notification, the transactions that are to be treated as—
 
(i) a supply of goods and not as a supply of services; or
(ii) a supply of services and not as a supply of goods; or
(iii) neither a supply of goods nor a supply of services.
 
 
Finally, we can say that the remote control regarding what is to be treated as goods and what is to be treated as services also rests with the government and it has the power to notify what all are to be treated as supply of goods, supply of services or neither of them. This indicates that there might be certain supplies that will be leviable to service tax irrespective of their nature and certain supplies that will not be leviable to tax at all.
 
 
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