Prospective Rule 43 amendment denies pre-amendment exclusion of duty credit scrips from exempt turnover for input tax credit reversal.
Rule 43's 2022 amendment excluding duty credit scrip values from exempt supplies is presented as prospective from 5 July 2022, not applicable to transactions during 2017-20. The amendment is characterised as creating a new benefit in calculating proportionate input tax credit reversal rather than clarifying an existing ambiguity; input tax credit is treated as concessional and not retrospectively vested. The monetary-limit circular is described as binding departmental officers but not the Tribunal, with aggregate tax involved in a composite order and recurring interpretive issues requiring consideration. Section 74(1) requires proof of fraud, wilful misstatement, or deliberate suppression intended to evade tax; absent such material, liability should be determined under Section 75(2) using the Section 73(1) mechanism.
Issues: (i) Whether the Revenue's appeals were barred by the monetary limit prescribed for appeals before the GST Appellate Tribunal; (ii) Whether the 2022 amendment excluding the value of duty credit scrips from exempt supplies under Rule 43 applied retrospectively to transactions of 2017-20; (iii) Whether invocation of Section 74(1) was valid in the absence of proof of fraud, wilful misstatement, or suppression of facts to evade tax.
Issue (i): Whether the Revenue's appeals were barred by the monetary limit prescribed for appeals before the GST Appellate Tribunal.
Analysis: The monetary-limit circular issued under Sections 120(1) and 168(1) binds departmental officers but is not binding on the Tribunal. Its principles required consideration of the aggregate amount in a composite order, and the appeal also involved recurring questions concerning interpretation of the Act, Rules, and notification.
Conclusion: The monetary-limit circular did not bar the Revenue's appeals, in favour of the Revenue.
Issue (ii): Whether the 2022 amendment excluding the value of duty credit scrips from exempt supplies under Rule 43 applied retrospectively to transactions of 2017-20.
Analysis: Duty credit scrips became exempt supplies from 13.10.2017. The amendment inserting clause (d) to Explanation 1 of Rule 43 expressly came into force on 05.07.2022. Although the rule-making authority possessed power to provide retrospective operation, it did not do so. The amendment was neither curative nor clarificatory of an ambiguity; it conferred a new benefit concerning computation of proportionate input tax credit reversal. Input tax credit, being concessional, could not be claimed retrospectively as a vested right.
Conclusion: The Rule 43 amendment operates prospectively from 05.07.2022 and could not exclude duty credit scrip values for the 2017-20 period, in favour of the Revenue.
Issue (iii): Whether invocation of Section 74(1) was valid in the absence of proof of fraud, wilful misstatement, or suppression of facts to evade tax.
Analysis: Section 74(1) requires material establishing fraud, wilful misstatement, or deliberate suppression with intent to evade tax. The taxpayer had filed GSTR-3B and annual returns and disclosed transactions relating to duty credit scrips. No investigation or material established deliberate non-disclosure or mala fide intent. Mere non-declaration or an erroneous self-assessment does not amount to suppression where the relevant facts were known to the department.
Conclusion: The Section 74(1) notice was unsustainable; the tax liability must be determined under Section 75(2) as if notice had been issued under Section 73(1), in favour of the assessee.
Final Conclusion: The exclusion of duty credit scrips from exempt turnover is unavailable for the pre-amendment period, but any consequential tax determination must follow the statutory mechanism applicable where fraud or deliberate suppression is not established.