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Supply Under GST - The First Test of Taxability
Articles Goods and Services Tax - GST
By: - Raj Jaggi
Supply is the foundational taxable event under GST and must be established before classification, exemption, valuation, time, rate or place-of-supply issues are considered. It extends beyond conventional sales to transactions such as transfer, barter, exchange, licence, rental, lease and disposal, subject to statutory conditions. Supply and taxable supply remain distinct: an exempt transaction may still be a supply. Consideration is generally required, but Schedule I recognises specified deemed supplies without consideration. Schedule II classifies an existing supply as goods or services, whereas Schedule III excludes specified activities from supply altogether.

By: - YAGAY and SUN
Section 149 permits post-clearance amendment of a Bill of Entry only on documentary evidence that existed at the time of clearance, while Section 17 governs consequential reassessment of duty. A subsequent adjudication and DRC-03 payment may support a BOE-wise request but do not automatically satisfy the contemporaneous-evidence requirement or create an ITC document. Import IGST credit requires prescribed import documentation under Rule 36(1)(d), and Rule 36(3) may independently bar credit where the demand was confirmed for fraud, wilful misstatement, or suppression of facts.

By: - YAGAY and SUN
Kanban is a visual workflow and inventory-control system based on a pull-based approach, under which work or replenishment begins only in response to actual demand. Visual boards, cards and digital signals track work across operational stages, while work-in-progress limits prevent congestion and promote completion of existing tasks. Production, withdrawal, supplier and digital Kanban can support demand-linked manufacturing, material movement and service delivery. Effective implementation requires process mapping, visual boards, suitable work limits, employee training, performance measurement and continuous review.

By: - YAGAY and SUN
Quality Circles are voluntary small employee groups that identify workplace problems, analyse root causes, develop and implement solutions, and monitor results. Their objectives include improved quality, productivity, waste reduction, employee engagement and innovation. The process uses data collection, root-cause analysis, solution development, testing and performance measurement, supported by tools such as brainstorming, Pareto analysis, fishbone diagrams and 5 Why analysis. Successful implementation requires management commitment, employee training, clear evaluation and implementation processes, open communication and recognition of contributions.

By: - YAGAY and SUN
ISO 37000:2021 provides non-certifiable guidance on organizational governance for bodies and leaders across all organization types. It promotes clear purpose, sustainable value generation, strategic direction, accountability, ethical behaviour, performance oversight, risk governance, social responsibility, and sustainability. Governing bodies set purpose and strategy, oversee performance and risks, and promote ethical culture, while senior leaders implement governance decisions. Implementation may include assessing current practices, defining roles and reporting relationships, strengthening integrity and transparency, and reviewing effectiveness through performance evaluation, stakeholder feedback, and internal assessment.

2026 (8) TMI 1588
Case Laws Indian Laws
Cheque presumptions support friendly-loan recovery where execution is admitted and rebuttal evidence, notice, jurisdiction and interest challenges fail.
Admission of cheque execution invokes presumptions of consideration and discharge of liability under the Negotiable Instruments Act unless rebutted by cogent evidence. A bare assertion that the cheque was misplaced, unsupported by records or circumstances explaining its loss or possession by the lender, does not displace those presumptions; repayment liability for the friendly loan follows. Delivery of a demand notice at the undisputed correct address, supported by postal tracking, establishes service absent credible contrary material. Territorial jurisdiction exists where part of the cause of action arose through loan collection and cheque presentation. Pendente lite and future simple interest may be granted under the CPC despite no contractual interest agreement, where the rate is not arbitrary.

2026 (8) TMI 1589
Case Laws VAT / Sales Tax
Compound rubber as a finished product remains eligible for sales-tax exemption despite exclusion of chemical treatment of raw rubber.
Compound rubber manufactured by an industrial unit remains eligible for sales-tax exemption under S.R.O. No. 1729/1993 despite clause (h) added by S.R.O. No. 38/1998. Clause (h), which excludes treatment of raw rubber with chemicals to form a rubber compound, substantially mirrors an earlier exclusion. The established characterisation of the manufacturing process treats compound rubber as a finished rubber product rather than raw rubber subjected merely to chemical mixing or comparable processing. The comparable exclusion therefore receives the same construction, preventing clause (h) from curtailing the exemption claim.

2026 (8) TMI 1590
Case Laws Central Excise
CENVAT credit for new cement plant set-up services remains available when directly connected with manufacturing operations.
CENVAT credit remains admissible for erection, commissioning and installation services used to set up a new cement plant after 1 April 2011 where those services have a direct nexus with manufacturing finished goods. Although the inclusive limb of the input-service definition no longer expressly covered factory set-up, Rule 2(l)'s main clause continued to cover services used directly or indirectly in relation to manufacture, provided they were not specifically excluded. The omission therefore did not by itself bar credit for services integral to establishing manufacturing operations.

2026 (8) TMI 1591
Case Laws Central Excise
Captive use of fermentation CO2 does not create excise liability without manufacture and marketability requirements.
Carbon dioxide generated unavoidably during beer fermentation and subsequently captured for brewing is treated as an incidental by-product, not as goods manufactured for captive consumption or sale. Central excise liability requires manufacture or production of excisable goods, and tariff classification or captive use alone does not establish dutiability; marketability must also be shown. Since beer is a non-excisable final product, incidental CO2 generation does not attract duty on these facts. Consequently, the related duty demand, extended limitation period and penalty cannot survive, particularly where the non-dutiability position supported a bona fide belief.

2026 (8) TMI 1592
Case Laws Central Excise
Clandestine removal and related-person valuation require corroborated evidence, mutuality of interest, and proof of commercial interdependence.
Clandestine manufacture and removal allegations require tangible, credible corroboration linking unrecorded inputs to unaccounted production and illicit clearances, including evidence of raw-material consumption, production, labour, transport, buyers or sale proceeds. Procedural non-entry of duty-paid inputs without CENVAT credit, isolated reconciliation discrepancies, and unexplained electricity or freight variations do not alone establish such activity. Related-person valuation requires proof of mutuality of interest through reciprocal financial or proprietary interest, fund flow-back, or commercial interdependence. Common management roles or family relationships, without those links, do not establish a related-person relationship for differential-duty purposes.

2026 (8) TMI 1593
Case Laws Central Excise
Cenvat credit documentation defects do not defeat verified genuine credit, and audit-based reversals may support independent refund claims.
Cenvat credit supported by photocopies of invoices remains available where loss of the originals is satisfactorily explained and independent verification establishes duty payment, receipt and use of goods, recipient identity, and substantive eligibility. A procedural deficiency in prescribed documentation does not defeat genuine credit absent fraud, manipulation, or duplicate availment. Credit reversed following an audit objection is not conclusively inadmissible; a subsequent refund or re-credit claim requires independent assessment on its merits under the applicable statutory framework. The absence of an earlier appellate order does not itself bar refund of substantively eligible credit.

2026 (8) TMI 1594
Case Laws Central Excise
Outward freight valuation confines excise duty to proven FOR sales and defeats extended limitation amid interpretative uncertainty.
Excise valuation of outward freight depends on the place of removal: freight is included in assessable value for FOR sales where the buyer's premises are the place of removal, but not for ex-factory sales with freight separately shown. Differential duty must be confined to FOR transactions established by the purchase orders relied on in the show-cause notice; it cannot rest on a presumption that other sales share the same terms. Extended limitation is unavailable where departmental audits examined the records and the issue involved competing interpretations. In those circumstances, suppression with intent to evade duty is not established and penalty under Section 11AC is not attracted.

2026 (8) TMI 1595
Case Laws Central Excise
Rule 25 penalty requires duty evasion conditions and does not follow from incorrect buyer invoice particulars.
Rule 25 of the Central Excise Rules is subject to the conditions in Section 11AC of the Central Excise Act, requiring non-levy, non-payment, short-levy, short-payment or erroneous refund of duty before penalty or confiscation can apply. Where suppliers cleared goods after paying applicable excise duty, incorrect or omitted buyer particulars in invoices may constitute a procedural lapse under Rule 11(2), but do not by themselves establish duty evasion or satisfy Rule 25's statutory preconditions. Penalty under Rule 25 therefore does not apply solely because buyer identification in invoices is inaccurate.

2026 (8) TMI 1596
Case Laws Central Excise
Restoration after prolonged unexplained delay fails where statutory pre-deposit defects remain unrectified and no basis for interference arises.
Restoration of an appeal dismissed for failure to remove defects, including non-compliance with statutory pre-deposit requirements, was sought after an unexplained delay of about five years. The Supreme Court declined to interfere with the High Court's judgment and order, and dismissed the special leave petition.

2026 (8) TMI 1597
Case Laws Service Tax
Rule 5 CENVAT refunds cannot reopen unchallenged credit eligibility, but formula, documentation and calculation require factual verification.
Rule 5 refunds of accumulated CENVAT credit for exported output services cannot be denied by reassessing the nexus between input services and output services where the availed credit has not been challenged through statutory recovery proceedings under Rule 14 read with the Finance Act. The refund enquiry is confined to compliance with the prescribed conditions and formula. Eligibility under the Rule 5 formula requires a proper factual determination, including consideration of prior findings on identical facts. Invoices, foreign inward remittance certificates and refund calculations must be considered before deciding the remaining documentary and computational requirements.

2026 (8) TMI 1598
Case Laws Service Tax
CENVAT credit refund cannot revisit unchallenged credit eligibility through nexus or documentation objections in export refund proceedings.
Rule 5 of the CENVAT Credit Rules prescribes the mechanism and formula for refunding accumulated credit attributable to exported output services. Where the original availment of CENVAT credit has not been challenged through a show-cause notice or under Rule 14, its admissibility, including alleged lack of nexus between input and output services or inadequate documentation, cannot be re-examined during Rule 5 refund proceedings. Refund may therefore not be denied on nexus or documentation grounds where no non-compliance with the Rule 5 formula or procedure is alleged.

2026 (8) TMI 1599
Case Laws Service Tax
Development rights as immovable property exclude long-term lease premiums from service tax, while residential construction remains taxable after abatement.
Transfer of development rights that confers benefits arising from land constitutes transfer of immovable property and falls outside the definition of service; one-time premiums and transfer-related receipts under long-term development leases are therefore not subject to service tax. An urban planning body constituted under State law qualifies as a governmental authority for the relevant exemption framework. Construction of residential complexes remains taxable, but tax is confined to the amount after admissible abatement where land and superstructure values were included and CENVAT credit was reversed. Delayed-payment interest is penal rather than service consideration, and water supply in discharge of public functions is treated as supply of goods. Extended limitation applies to the surviving construction-tax liability where intentional evasion is established.

2026 (8) TMI 1600
Case Laws Service Tax
Healthcare revenue-sharing arrangements: Hospital-retained patient fees are not separately taxable as business support services for consultant doctors.
Healthcare revenue-sharing arrangements between hospitals and consultant doctors do not create a separately taxable Business Support Service where doctors provide professional care and the hospital manages and delivers healthcare services, facilities and follow-up care to patients. The hospital's retained share of patient fees is not consideration separately attributable to infrastructure or support supplied to the doctors. Taxing that share as Business Support Service before 1 July 2012, or as another taxable service thereafter, would conflict with the healthcare-services exemption available to clinical establishments. The retained amount is therefore not liable to service tax.

2026 (8) TMI 1601
Case Laws Service Tax
Pure-agent reimbursement exclusion requires contractual and documentary proof before reimbursed expenses may be removed from taxable service value.
Pure-agent exclusion of reimbursed expenses from taxable service value requires contractual agreements or other documentary evidence linking the amounts claimed to expenses incurred for clients. The claimant bears the initial burden of proving the factual basis for the exclusion. Where reimbursement is established on evidence, service tax is not chargeable on those reimbursed expenses. The claim requires fresh consideration by the original authority after allowing production of the requisite evidence.

2026 (8) TMI 1602
Case Laws Service Tax
Mistaken Service Tax Payments: Refund falls outside statutory limitation when no liability existed and unjust enrichment is disproved.
Excess service tax paid by mistake where no taxable liability existed is characterised as a deposit rather than duty or tax lawfully leviable. Consequently, the one-year limitation in Section 11B of the Central Excise Act does not govern its refund. Article 265 prevents retention of an amount collected without authority of law. Refund remains conditional on disproving unjust enrichment: invoices and a Superintendent's certificate may establish that the amount was not recovered from service recipients. Where the incidence was not passed on, the excess payment is refundable.

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