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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-3

SLASHED GST RATE ON RESIDENTIAL PROPERTIES PART-3
SLASHED GST RATE ON RESIDENTIAL PROPERTIES PART-3
 
In our earlier update, we discussed about the valuation aspect of the residential buildings for which builders will be availing benefit of reduced GST rates w.e.f. 01.04.2019. The present update seeks to discuss the practical problem that will be faced by the builders in adjusting the GST already paid on the advances received prior to 01.04.2019 and its presentation in the GST returns filed post 01.04.2019.
 
It is to be noted that at present, the builders are eligible to avail ITC and are required to pay GST at the rate of 18% for construction of non-affordable residential houses and 12% for affordable residential houses with the benefit of deduction of one third of the total value as deemed value of land if the price of land is included in the consideration charged from the buyers. Furthermore, GST is payable even on advance received from the service receiver. Consequently, the builders have presently paid GST at the rate of 12% on the advances received against supply of affordable residential houses. However, if the invoices are being raised by the builder for such houses after 01.04.2019, whether adjustment of excess GST paid would be allowed to them and how to reflect such adjustment in the GST returns filed by them is the issue to ponder upon. This can be explained with the help of example as follows:-
 
Advance received by Builder X from Mr. Y as on 01.01.2019 with respect to affordable residential house = Rs. 1,00,000/-
Builder X would have discharged GST at the rate of 12% after availing deduction of one third as the value of land calculated as follows:-
1,00,000*2/3*12/112 = Rs. 7,142
It is also known that presently, the GST rate on cement is 28% and most of the other materials used in construction are being taxed at the rate of 18% whereas the builder is paying GST at the rate of 12% with deduction of one third in value thereby effective rate of GST being 8% in case of affordable residential houses. Therefore, builders are not paying any output GST in cash and are using their huge credit balance to discharge their GST liability.
 
However, with effect from 01.04.2019, the builders would be required to pay GST at the rate of 1% without facility of ITC on affordable residential houses. This may lead to tax planning by the builders wherein they can adjust the tax already paid on their advances by utilising input tax credit for offsetting their GST liability at the rate of 1%. There is no doubt regarding the fact that the GST paid on advances, even through utilising input tax credit is in the nature of advance tax that can be adjusted in the subsequent periods without any limit. Consequently, the builders may utilise their input tax credit balance as much as possible prior to 01.04.2019.
Continuing our above cited example, if the builder raises invoice to Mr. Y for an amount of Rs. 5,00,000/- on 10.04.2019, in such a case, the GST payable by the builder would be computed as follows:-
5,00,000*1% = Rs. 5,000/-
The builder will adjust the advance tax of Rs. 7,142/- already discharged by utilising input tax credit prior to 01.04.2019 and will not be required to pay any cash against his output GST liability.
The revenue authorities may object the adjustment of advance taxes paid by the builder for discharging their GST liability at the rate of 1%/5% post 01.04.2019 and this would again be a new point of litigation in the days to come.
 
 
 
This is solely for the educational purpose.
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