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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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SLASHED GST RATE ON RESIDENTIAL PROPERTIES PART-1

SLASHED GST RATE ON RESIDENTIAL PROPERTIES PART-1
SLASHED GST RATE ON RESIDENTIAL PROPERTIES PART-1
 
The 33rd GST Council Meeting was held on 24.02.2019 wherein substantial amendments have been proposed in the GST rates on construction of residential properties with a view to boost the residential segment of the real estate sector of the Country. The government seeks to achieve its objective of “Housing for All by 2022” by substantially reducing the applicable GST rates on the construction of residential properties. It has been proposed that the GST shall be levied at the following effective rates on the construction of residential properties with effect from 01.04.2019:-
i. GST shall be levied at effective GST rate of 5% without ITC on residential properties outside affordable segment;
ii. GST shall be levied at effective GST of 1% without ITC on affordable housing properties.
  
It is worth mentioning here that introduction of lower GST rate without providing benefit of ITC has number of pros and cons and more importantly, it is against the policy of seamless input tax credit in the GST regime. Although no notification has been issued till date in this respect but the proposals made in the GST Council Meeting have far reaching consequences in many aspects such as valuation, credit reversal, accounting in case of construction of commercial and residential properties together etc. All the probable issues will be discussed in the series of updates prepared by us on this topic. The present update deals with issues pertaining to input tax credit on implementation of new GST rate without the facility of ITC for construction of residential properties by the builder.
 
The first and foremost question arising in the minds of the builder of such residential properties is that whether the reduced GST rate without ITC facility will be available as an option or will be mandatory for the builders. Furthermore, whether the reduced GST rate would be applicable for the ongoing projects for construction of residential properties or only for new projects undertaken post 01.04.2019? It is also not clear whether separate accounting will be required in case builder undertakes construction of residential and commercial projects simultaneously as the facility of ITC will be admissible in case of commercial projects undertaken by the builders.
If it is assumed that the reduced GST rates without the facility of ITC is applicable for ongoing projects of the builders, then in such situation, what will be the requirement of credit reversal on part of builder. In this respect, reference may be made to Explanation (iv) of the Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017 which reads as follows:-
Wherever a rate has been prescribed in this notification subject to the condition that credit of input tax charged on goods or services used in supplying the service has not been taken, it shall mean that,-
 
(a) credit of input tax charged on goods or services used exclusively in supplying such service has not been taken; and
 
(b) credit of input tax charged on goods or services used partly for supplying such service and partly for effecting other supplies eligible for input tax credits, is reversed as if supply of such service is an exempt supply and attracts provisions of sub-section (2) of section 17 of the Central Goods and Services Tax Act, 2017 and the rules made thereunder.
 
It is worth mentioning here that in view of the above explanation, builder will require to reverse credit attributable to construction of residential properties at which GST is paid at reduced rates by treating the said supplies as ‘exempt supply’. However, it is to be noted that the said supplies would be considered as exempt supply only for the purpose of computing proportionate credit reversal in terms of section 17(2) of the CGST Act, 2017. This is for the reason that the definition of ‘exempt supply’ given under section 2(47) of the CGST Act, 2017 does not include the supplies on which GST at reduced rates is being paid without availing the facility of input tax credit. This leads to interpretation that the builders are not even required to reverse the input tax credit of stock of materials available as on 01.04.2019 or on materials contained in construction completed as on 01.04.2019 because the situation is not covered by the provision contained in 18(4) of the CGST Act, 2017 pertaining to credit reversal where goods or services supplied by registered person become wholly exempt. Since in the present case, only GST rate is being reduced, the provision of credit reversal on stock of goods would not come into picture.
Now, the next question is whether the balance of input tax credit available with the builders as on 01.04.2019 would lapse? As of now, there is no clarification as to what will happen to the huge credit balance available with the builders which is also a huge cause of concern for the builders. Well, the disposal of the credit balance available with the builders will be known only after issuance of notification in this regard.
 
This is solely for the educational purpose.
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