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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/2018-2019/3512

Whether the services provided in relation to solid waste management, garbage collection, disposal, water supply, cleaning of colony” are exempt supply under gst?
Case:Shri Dhananjay Kumar Singh
Citation: 2019-TIOL-23-AAR-GST
Issue: Whether the services provided in relation to solid waste management, garbage collection, disposal, water supply, cleaning of colony” are exempt supply under gst?
Brief Facts: The applicant M/s Dhananjay Kumar Singh HN 13, Sanyasi para, Khamtarai, Raipur, Chhattisgarh GSTIN, files the issue involved in appeal22AVZPSSG4SERZZ u/s 97 of the Chhattisgarh Goods & Services Tax Act, 2017. He is a service provider who is engaged in the business of executing service contracts and had been awarded a contract by the Chhattisgarh Housing Board (herein to referred as CGHB) for providing services in relation to Solid waste management, water supply operations, Garbage Collection door to door and disposal, Cleaning of colony i.e. garden, street, and open area, drainage system, sewerage cleaning of water tank (all UG Sump & Over head tank), cleaning of common area of residential area developed by Chhattisgarh Housing Board and not handed over to the local authority for its maintenance and seeks advance ruling on whether the said services  are exempt under as per notification no. 12/2017 dated 28th June, 2017 as updated and amended time to time or not.
 
APPELLANT’S CONTENTION:The applicant's contention is that residential area developed by Chhattisgarh Houslng Board and not handed over to the local authority by Chhattisgarh Housing Board (CGHB) is exempt under as per notification no. 12/2017 dated 28th June 2017 as updated and amended time to time. CHGB is a Government entity as it is constituted in terms of Chhattisgarh Housing Board Act and engaged in the various work performed by municipality under article 243W of Constitution. Even the commissioner (Appeal) has held them as “Government authority” for service tax exemption. Hence, the work allotted by CGHB will be exempt from payment of GST. The applicant also contended that Karnataka Advance ruling authority has held that maintenance of parks provided by society to State Government, Central Government or a local authority is also exempt under entry no.3 of notification 12/2017-Central Tax(Rate) dated 28.6.2017.
Judgment:-the exemption under the above entry applies only in case when it is pure service. The invoice issued and agreement clearly shows that there is no supply of goods involved. The CHGB is constituted under Chhattisgarh Housing Board Act, 1972 and seeing its constitution as well as definition of “Government authority’, it was held that CHGB falls under this definition.
After seeing the Article 243W of Constitution and Twelfth Schedule(Article 243W of the Constitution (Seventy-Fourth Amendment) Act, 1992 as well as the work undertaken by applicant, it was held that services provided by applicant by their very nature fall in the list of services enumerated under serial number 5,6,8,10,12 and 17 of 12th Schedule of Article 243W of Indian Constitution.
Decision:They came to the conclusion that the said services provided by the applicant to Chhattisgarh Housing Board qualifies falls under the category of services as stipulated under Notification No. 1212017-State Tax (Rate) and hence is exempt.
Comment: This is very detailed and good decision. The Advance Ruling has indepth analysed each aspect like pure services, definition of Governmental authority and services listed in Article 243W and then came to conclusion that the exemption is available to the assessee. There has been great deliberation about the definition of Governmental authority as well as functions of Municipality  listed in Article 243W. A clear view has been provided on the same in this decision.
Prepared By: Kanika Mehta
 
 
 
 
 
 
 
 
 
 
 
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