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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/2020-2021/3632

Whether the Applicant and various State Government owned entities would be treated as ?related persons? under the GST law? If yes, whether GST is chargeable on notional processing fees / any other charges?
M/s Gujarat State Financial Services Ltd. GUJ/GAAR/R/10/2019 dated June 27, 2019
Brief Facts: - The applicant (a State Government owned Non-Banking Finance Company- NBFC) engaged in providing financial assistance services in the form of loan to various State Government owned entities. The State Government has directed all its entities to park all their surplus funds with the Applicant. Such surplus funds are provided in the form of loan to various State Government owned entities which need funds.
The Applicant receives consideration in the form of interest for the loans given and they do not charge any processing fees or any other charges for providing financial assistance to various entities.
Issue: -Whether the Applicant and various State Government owned entities would be treated as ‘related persons’ under the GST law? If yes, whether GST is chargeable on notional processing fees / any other charges?
Appellant contentions : -The applicant submitted contended on following terms , firstly on clause (iv) of Explanation (a) to section 15 of CGST Act 2017, persons shall be deemed to be ‘related persons’ if any person directly or indirectly owns, controls or holds twenty-five percent or more of the outstanding voting stock or shares of both. As per the said definition, the Applicant and other State Government owned entities would be related persons. They are charging interest which is exempt under GST as per Sr. no. 27 of notification no. 12/2017 – CT (R).
Secondly the applicant took reference to the FAQs issued on financial services also clarifies that any charges or amounts collected over and above the interest or discount would represent taxable consideration and hence, liable to GST.
Further, there is no specific guideline issued by RBI to NBFC to compulsorily charge processing fees on loans provided. The Applicant is not charging any processing fees and hence, GST is not payable on the notional processing fees.
Reasoning of Judgement: - The Authority agreed with the contention of the Applicant and made the following observations where the applicant is providing loans for which only interest is charged as a consideration. Moreover, there is no other consideration, so even if the service is provided to related party, exemption can be claimed under the exemption notification, as this notification neither talks about related – unrelated party nor about notional consideration and hence, the question of charging GST on notional consideration does not arise.
Held: -The judiciary held that the Applicant and various State Government owned entities should be treated as related persons in terms of section 15 of the CGST Act, 2017. Since no other consideration is involved except interest, the services provided by way of extending loans to various State Government owned entities is covered under the exemption notification.
Comment: - When reference to Schedule I is made, the transaction between related parties gets covered in the definition of supply even if the said transaction is without any consideration however it was not discussed in the ruling.Usually, the consideration collected by banks or NBFC’s are in the form of interest, processing or documentation charges. Accordingly, in the absence of such processing or documentation charges, can there be a notional charge, when transaction is between related parties? Though this ruling is in favour of the taxpayers but it raises numerous queries related to GST applicability if no fees is charged from the recipient by the taxpayers.
Prepared By: CA. Kartik Singhvi
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Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
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E-mail :pradeep@capradeepjain.com