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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 Law/2014-15/2172

Exemption of value of goods and material sold by service provider to the recipient of service in case of Works Contract.

Case:- M/s S K ENGINEERING WORKS Vs COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX AND ANOTHER
 
Citation:- 2014-TIOL-602-HC-ALL-ST
 
Brief facts:- Work contract of petitioner included service as well as supply of material. Notification 12/2003-ST dated 20.06.2003 (w.e.f 01.07.2003) provided that value of goods and material sold by service provider to the recipient of service shall be exempted from service tax liable under Section 66 of the Finance Act, 1994. The Assessing Authority while passing impugned order had completely ignored aforesaid notification for the reasons best known to him though he must be well aware of the said notification issued by Central Government.
 
Appellant’s contentions:-
 
Respondent’s contentions:- Sri R.C. Shukla, Advocate stated that though time was granted to respondents to file counter affidavit on 17.02.2014 but the same had not been filed but he was ready to argue the matter without any counter affidavit.
 
Reasons of judgment:- It was evident from record that the work contract of petitioner included service as well as supply of material. The Central Government had issued notification dated 20.06.2003 provided that value of goods and material sold by service provider to the recipient of service shall be exempted from service tax liable under Section 66 of the Finance Act, 1994 but admittedly the Assessing Authority while passing impugned order had completely ignored aforesaid notification for the reasons best known to him though he must be well aware of the said notification issued by Central Government.
Moreover, it was also evident from record that similar matters had been considered in appeal by Appellate Authority and it had found that assessment orders dealing with similar kind of work contract were illegal and service tax on the quantum of material supplied had been directed to be deducted. One of such order was on record, i.e., dated 12.12.2013 passed by Commissioner of (Appeals), Customs, Central Excise & Service Tax 38, M.G. Marg, Civil Lines, Allahabad in F.No. 116/ST/APPL/ALLD/ 2012 and others connected matters. Apparently the aforesaid Government notification had not been noticed and even otherwise Hon’ble judge did not find that the view taken by Assessing Authority in respect of work contract was justified. In his view the matter should be re-examined by respondent no. 2.
In the result, the writ petition was allowed. The impugned orders dated 06.11.2012 and 13.12.2013 were hereby quashed. The matter was remanded to respondent no. 2 to pass a fresh order in the light of notification dated 20.06.2003 as also the appellate order dated 12.12.2003 passed in F.No . 116/ST/APPL/ALLD/2012, within a period of two months from the date of production of a certified copy of this order before him.
 
Decision:- Writ petition allowed, matter remanded back.
 
Comment:- The analogy drawn from the case is that value of goods and material sold by service provider to the recipient of service shall be exempted from service tax liable under Section 66 of the Finance Act, 1994 as per Notification 12/2003-ST dated 20.06.2003 (w.e.f 01.07.2003)

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