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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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PJ/Case Laws/2011-12/1194

Admissibility of Cenvat Credit on Photography Service & Outward Transit Insurance service

Case: M/s Pyramid Filters Pvt Ltd v/s Commissioner (Appeals) Central Excise, Pune-I
 
Citation: 2011-TIOL-679-CESTAT-MUM
 
Issue:- ‘Photography service’ and ‘Outward Transit insurance service’ – prima facie relating to business of manufacture of the assessee – pre-deposit waived and stay granted.
 
Brief Facts:- Department is denying credit to the appellant for the period from February 2007 to August 2009 for 2 services viz. ‘Photography service’ and ‘Outward Transit insurance service’. The Lower Authorities held that these services were not shown to be input services and it was not established that these was link between these services and the business of manufacture of the assessee. Demand of duty was confirmed and penalty imposed.
 
Hence, assessee is before the Tribunal. Application for waiver of pre-deposit and stay is filed.
 
Appellants Contention:- Assessee submitted that all activities relating to business would qualify to be ‘input services’ under Rule 2 (1) of CCR, 2004. Reliance was placed on judgments given in Coca Cola India Pvt Ltd v/s Commissioner of C. Ex., Pune-III [2009 (15) STR 657 (Bom)] and Commissioner of C. Ex. Nagpur v/s Ultratech Cement Ltd [2010 (20) STR 577 (Bom)].
 
In respect of Insurance service reliance was placed on Stanzen Toyotetsu India Pvt Ltd [2009 (14) STR 316 (Tri-Bang)] and in respect to Photography service, reliance was placed on Commissioner of Central Excise, Jaipur-II v/s J. K. Cement Works [2009-TIOL-411-CESTAT-DEL]. A copy of Chartered Accountant Certificate was also produced stating that the expenses of photography service, outward transit insurance service etc are considered in accounts and from part of price of final product on which excise duty is paid. The inclusion of such expenses in the assessable value of the final product is a relevant factor in deciding the question whether the expenses were incurred for ‘input services’.
 
Reasoning of Judgment:- The Tribunal held that prima facie case was made out in favour of the assessee. It was held that it was prima facie established that any service connected with the business of the assessee would qualify to be input service under Rule 2 (l) of CCR, 2004.
 
Decision:- Waiver of pre-depotit and stay granted.
 
Comment:- The credit has been allowed following the CocoCola and Ultratech cement cases. But the definition of “input service” has been changed from this budget and words “relating to business” has been specifically deleted. Thus, all the expenditure relating to business will not be allowed from 1.4.2011. But the exclusion clause says that the credit on services for personal use of employees will not be allowed. The reverse side of the same says that the services relating to business will be allowed. Hence the credit will be allowed on services which are not for personal use of employees but for business of the manufacturer or output service provider. But this interpretation will be subject to judicial pronouncement. Let us wait and watch till the matter reaches High Court or Apex court and it attains finality. By this time either the definition will be changed or the Board will change it seeing the decision.  Then there will be next round of litigation. It will go on and on…… 

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