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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/2018-2019/3518

Whether the applicant is eligible to take input tax credit on GST charged by the contractor for hiring of buses and cars for transportation of employees?

Case:  YKK India Private limited
Citation:  HAR/HAAR/R/2018-19/04 dated 10.07.2018
Issue:   Whether the applicant is eligible to take input tax credit on GST charged by the contractor for hiring of buses and cars for transportation of employees?
Brief facts: M/s YKK India Private limited is holder of GST Registration No. 06AAACY0201G1ZZ and engaged in the business of supply of slide fasteners, chains, and sliders. The applicant uses various goods as well as services on which applicable GST is paid to supplier. The employees of the applicant are engaged in manufacturing the final product in factories which are situated in Haryana where public transport is very minimal. For carrying out its business efficiently, the applicant enters into a contract with the suppliers for hiring buses as well as cars on contractual basis.
Appellant’s contention:   The Appellant has submitted that he has engaged various contractual service provider who provide transportation services and ensure that employees of the assessee are able to reach the factories in time for doing their day to day work as scheduled. The Appellant has entered into contract with the said suppliers for hiring buses as well as cars.
GST invoices comprises Central GST and SGST by classifying the activities under HSN 996413 viz. Non- schedule local bus and coach charter services, attracting GST @ 18%. The applicant is of the view that the payment made by the applicant on GST invoices falls within the meaning of input tax credit under section 2(63) of the CGST Act, 2017. Appellant is eligible to take credit of GST. The applicant also explained that appellant does not take control of the vehicles and that remain under the control of contractor therefore the services obtained by the applicant do not fall under “rent a cab” services.
Respondent’s Contention and Reasoning of judgement:  The applicant is registered taxpayer and as per section 16 of the CGST / HGST Act, 2017, every registered person shall be entitled to take credit of input tax charged on any supply of goods or services which are used in course or furtherance of his business. However, on this availment of ITC, there are certain exceptions prescribed under section 17(5) of CGST/SGST ACT, 2017. As per section 17(5)(b)(iii) ITC shall not available in respect of Rent-a-cab. In this regard, it was observed that the phrase “rent-a-cab” has not been defined in the CGST/SGST Act, 2017. In common parlance, cab refers to a vehicle which has been taken on hire/rent, along with driver, for going from one place to another.  In view of the above, it clearly stands established that the services of the contractor for hiring of buses/cars for transportation of employees qualifies “Rent-a-cab” services  accordingly, the applicant is not eligible to take input tax credit on the same. 
Decision: - Ruling is against the assessee.
Comment: - Motor Cab definition has not been specifically defined in the GST Act. The Authority has considered the general definition of the cab referring the Wikipedia and oxford dictionary meaning while proclaiming the decision. Instead of referring the general meaning, motor cab definition should be cited from Motor Vehicles Act, 1988 which clearly defines that “motorcab means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward;” Section 17(5) (b) (iii) specifically blocks credit on renting of cab and buses don’t fall within this definition as per Section 2(25) of the Motor Vehicles Act, 1988. Therefore, this decision is clearly against the law and ITC in respect of renting of buses is allowed.
 
Prepared by:- Meenal Soni
 
  
 
 

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