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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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Publish Date: 05 Jun, 2007
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NEW LEVY ON GOODS TRANSPORT OPERATOR: ANOMALIES

NEW LEVY ON GOODS TRANSPORT OPERATOR: ANOMALIES
 
 
            It is truly said, “History repeats itself.” But so early nobody knows. The Government has once again introduced the levy of service tax of Goods Transport Operator on the service taker rather on the transporter. It is once again going on to give rise to protests from the trade and industry as well as undue litigation. The earlier levy in 1997 has seen such scenario. The Apex Court struck down the earlier levy in case of Laghu Udyog Bharti v. Union of India [1999 (84) ECR 53 (SC)]. Later on the Government has introduced a plethora of retrospective amendment to regularize this levy. But the litigation on the above is still continued.
 
            However, we are limited to legal aspects and anomalies on this new levy. These points are discussed below:-
 
            1.         Person covered under the new levy:- The lists of the person who are liable to pay the service tax are covered under the Notification No. 35/2004-ST. These gives the exhaustive list of the assessee. However the list clause (g) reads as follows:-
 
            “(g)   any body corporate established, or a partnership firm registered, by or under any law, any person who pays or is liable to pay freight either himself or through his agent for the transportation of such goods by road in a goods carriage.”
 
            The levy on any body corporate or partnership is clear but the words appearing after that are ambiguous. It covers any person or his agent who pays or liable to pay freight. It virtually covers all the persons in its ambit. This seems not to be the real intention of the Government otherwise there was no need to give such exhaustive list. It should amend to clear the confusion.
 
            2.         Credit of Input or Capital Goods:- There is a provisions in the Notification No. 32/2004-ST that no credit on inputs or capital goods will be allowed if the assessee intends to enjoy the benefit of abatement. Normally, the transporter to whom the freight is paid owns the vehicle. If the assessee owns these then there is no need to pay the freight. Also, there are hardly any inputs which are used for providing such services. Thus, this clause should be deleted otherwise the Department will insist that the assessee should not take any credit on any inputs or capital goods. This is impossible in case of the manufacturer who is also paying Excise Duty.
 
            3.         Cenvat Credit on Service Tax:- The newly introduced Cenvat Credit Rules, 2004 also provides the credit of the input service. The freight is definitely an input service for the manufacturer. Thus, he will thus deposit the tax and take the credit of the same. This is not intended at all. An Exemption Notification like 67/95-CE dated 16.03.1995 should be introduced. It will avoid this revenue neutral exercise wherein the manufacturer will pay service tax and simultaneously take the credit.
 
            4.         Cenvat Credit on Service Tax:- There is a provision under Rule 4(7) of Cenvat Credit Rules, 2004 that the credit will be allowed when the payment is made of the value of input service and the service tax paid or payable to the input service provider. But in this case the output service provider himself deposit the service tax. Thus, there should not be condition of payment of the value of input service. The payment of service tax should be condition precedent. The Cenvat Credit Rules should be amended accordingly to enable the output service provider to take the credit as soon as he deposits the tax.
 
            5.         SSI Exemption:- It is the demand of the service tax assessee to give an exemption limit to the assessee as available under the Central Excise. It seems that the Government has forwarded a step towards the same. A small scale limit is given for the assessee of Goods Transport Operator. But it is very small limit of Rs. 1500/- only. Secondly, this goods carriage wise. Every assessee has to keep on counting it for each goods carriage. But one goods carriage has availed the Exemption limit with one assessee then how the other assessee will know about it. Whether it is available each assessee wise? Furthermore, it is not clear that it is annually or monthly limit. This point needs urgent clarification from the department.
 
            These amendments are urgently needed for smooth implementation of the levy. But it is bound to face protest from trade and industry.
 
  
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PRADEEP JAIN, F.C.A.

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