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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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PJ/Case Lawa/2012-13/1145

1)Whether the appellant is liable to pay service tax in respect of the amounts received by him for the services rendered by him to other institutions as a visiting faculty member? 2) Whether the proprietary firm and the individual can be segregated purpo
 
Case:- M/s PROFESSIONAL COACHING CLASSES CENTRE Vs COMMISSIONER OF SERVICE TAX, AHMEDABAD
 
Citation: - 2012-TIOL-780-CESTAT-AHM
Issue: -
 
1)Whether the appellant is liable to pay service tax in respect of the amounts received by him for the services rendered by him to other institutions as a visiting faculty member?
 
2) Whether the proprietary firm and the individual can be segregated purpose for the purpose of service tax?
 
Brief fact: - This is a case where the evidences produced by the appellant as regards the demand for service tax because of revision of rate of service tax paid on 10.09.04 and in respect of demand for prior to 01.7.03 have not been considered. As regards the amount there is a dispute on the rate of service tax. The original adjudicating authority took the view that since payment was received after 10.09.04 service tax has to be paid. The appellant's contention was that these students had joined them in the month of August itself but had paid the fees in November or subsequently and therefore in their cases the service tax liability for the services rendered prior to 10.09.04 had to be calculated at lower rates and this is what has been done by them. This aspect has not been considered by both the lower authorities. As regards the service tax payment for the period prior to 1.7.03, it was submitted by the Id. chartered accountant that the accountant had originally calculated service tax payable for all the services received including services rendered prior to 1.7.03 and after finding out mistake
he had made reversal of the entries which has not been recognized by the department. The ld.
Chartered accountant also brought attention to the extract accounts submitted by him and submitted that all these evidences are required to be considered and a proper verification has to be done has not been done by both the lower authorities.
 
The appellant is seeking stay against recovery of the demand for service tax of Rs.51,799/- for the period from 1.4.03 to 31.3.07 with interest and penalties under Section 76 8b 78 of Finance Act, 1994.
 
Appellant Contention: - Theappeallant drew attention to the clarification issued by the Board vide Circular No.59/8/2003-ST dated 26.3.03 wherein it has been clarified that when individuals provide services at the premises of a service receiver, he would not be liable to service tax.
 
Respondent Contention:-  The ld. A.R. submitted that this contention is not correct since the service was rendered by the appellant not in individual capacity but as a representative of the firm. Since the service was rendered by the firm which is basically a proprietary firm and income tax returns also included the income received for providing such services along with the income of the firm, the liability for service tax has been worked out correctly.
 
Reasoning of Judgment: In view of the facts that evidences have not been considered, the
matter has to be remanded to the original adjudicating authority. The Tribunal find that both the lower authorities have taken the stand which has been submitted before them by the ld. A.R. and in their opinion what is required to be examined is whether the proprietary firm and the individual can be segregated for this purpose or not and whether the service provided by the proprietor can be said to have been provided in his individual capacity and not as an employee or representative of the firm created by him for this purpose. One of the methods by which this can be verified is to see whether the payments for services rendered were received by the proprietor in his individual name or in the name of the proprietary firm. However, Tribunal would prefer to leave this issue open and leave it to the original adjudicating authority to consider afresh after considering the submissions to be made by the ld. chartered accountant before him since the matter is being remanded. In view of the above observations, the requirement of pre-deposit is waived, stay petition is allowed and matter is remanded to the original adjudicating authority for fresh consideration of the issue after giving reasonable opportunity to the appellant to make his submissions.
 
Decision: - Appeal allowed by remand
 
 
 
 
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