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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 Laws/2011-12/1468

Service provided w.r.t. fulfilling Statutory Requirements - whether Management Consultancy Service

Case: Commissioner of Central Excise, Chennai V/s Futura Polyesters Ltd.
 
Citation: 2011(24) S.T.R. 751 (Tri.- Chennai)
 
Issue: - Whether service rendered in respect of ESI, PF and the other industrial law is covered under Management Consultancy, if service is not involving any change/improvement in existing system of management organization?
 
Brief Facts: - Respondent-assessee entered into an agreement with M/s. Futura Polymers Ltd. for rendering –
 
A. Advise, assistance in an undertake compliance with the following:-
 
(a) Various taxation matters
 
(b) Various Local Laws
 
(c) Export-Import Policy and other laws e.g. Labour Laws.
 
(d) Labour Laws like EPF, ESIS, Minimum Wages Act and various other Industrial laws related to labour.
 
B. Training of employees of FPL in Various areas
 
C. Extent of EPL Research and Development facilities available with IOCL as it works both at Manali, Chennai and Khopoli, Maharashtra especially in chemical and polyester technology.
 
D. Render assistance and liaison with Government Department at New Delhi and Chennai on matters relating to fiscal policies, imports, exports, fulfillment of export obligations, execution of legal undertakings with the Government, prepare alternative plant including conversion of EPCG routers as and when required by FPL.
 
E. Overseeing the compliance requirement in regard to Companies Act, including matters related to Board of Directors and Shareholders contractual matters advice and assistance in maintenance of statutory records, filing of required returns and forms etc.
 
According to department, the amount received for the above should be treated as service rendered by a Management Consultant attracting service tax. Demand was raised in the show cause notice on the ground that the assessee were rendering Management Consultancy service. Demand was confirmed by the Adjudicating Authority and interest was also demanded for the period from 16.10.1998 to 31.03.2000. Penalty under Section 78 as well as penalty under Section 78 were also imposed. The demand was set aside by the Commissioner (Appeals). Hence, Revenue is in appeal before the Tribunal.
 
Appellant’s Contention: - According to department, the amount received for the above should be treated as service rendered by a Management Consultant attracting service tax.
 
Reasoning of Judgment: - The Tribunal held that services rendered cannot be treated as Management Consultancy Service in the light of agreement entered by them with Futura Polymers Ltd and Circular dated 20.08.1999 because services rendered by ESI, PF and the other industrial law practitioners are in the nature of providing secretarial assistance in filling up of various returns and forms, maintenance of records, which do not involve any change or improvement in the existing system of management organisation and do not get covered by scope of term ‘Management Consulting’.
 
It was held that no advice was given by the respondent but what is done is for applying for and obtaining documents, approvals from Government bodies i.e. carrying out activities for fulfilling statutory requirements. These services do not involve any change or improvement in the management of an organization and does not require any specialized knowledge of a Management Consultant but these services are only in the nature of compliance with the statutory requirements. No interference required with impugned order.
 
Decision: - Appeal dismissed.

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Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
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Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
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Phone No. :
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