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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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GST Update No 132 on limitation extended by SC applicable for refunds

GST Update No 132 on limitation extended by SC applicable for refunds
Digitization and work from home is the new normal amidst the current scenario after the outbreak of pandemic in the Country. As complete automation has not been effected for all the compliances in GST Law, the government has been kind enough to provide various relief to the trade and industry. Owing to the recent unprecedented spike in Covid-19 cases in recent times, the Apex Court vide its suo motu order dated 15.03.2020 extended the period for various compliances by the assessees under various Acts. However, it is observed that the orders of Courts are rarely followed wholeheartedly by the revenue department. Recently, an issue came before the hon’ble Bombay High Court in case of SAIHER SUPPLY CHAIN CONSULTING PVT. LTD. wherein the refund application of the petitioner was being rejected on the grounds of limitation inspite of the Suo Motu Extension Order passed by the Apex Court. The critical analysis of this decision is subject matter of our today’s update. In the present case, the petitioner applied for refund application after it was rejected twice on account of certain deficiencies being pointed out by the department. Thereafter, the department rejected the refund application filed third time on the grounds that it was time barred. The petitioner argued that the refund application is not time barred by placing reliance on the Supreme Court’s suo motu order of extension of time limit for various compliances. It was ordered by the Hon’ble Supreme Court that the limitation period in all proceedings whether condonable or not shall stand extended w.e.f. 15.03.2020 till 01.10.2021. Therefore, the period from 15.03.2020 to 02.10.2021 shall stand excluded for the purpose of computing limitation period for various compliances under various laws. To add on further, as the events are rolling down the line, India is witnessing a sudden sharp rise in Covid-19 cases, the Hon’ble Supreme Court decided to restore the Limitation Extension period up to 28.02.2022. This order shall be binding on all the Courts/ Tribunal and Authorities as defined in Article 141 of the Constitution of India. The petitioner argued that since refund application was filed within the extended period, it should be considered for decision onmerits. Reliance was also placed on the decision of Hon’ble Madras High Court in case of M/S. GNC INFRA LLP VS. ASSISTANT COMMISSIONER (CIRCLE), wherein it was held that period of limitation shall stand extended in case of refund applications also. The Counsel of Revenue contended that refund application is to be filed within a period of 2 years as per Circular dated 18.11.2019. Since, it was filed beyond a period of 2 years, refund application stands rejected. The Court followed the Supreme Court’s suo motu order and held that period from 15.03.2020 to 02.10.2021 stands excluded in case of any suit, appeal, application and proceedings. Consequently, balance period from 03.10.2021 shall be available. As the refund application fell between the aforesaid period i.e. from 15.03.2020 to 02.10.2021, the application stands approved. Thus, The Hon’ble High Court quashed the order rejecting the refund claim as time barred. The above decision taken by the Apex Court has proved to be a silver lining in the cloud for the taxpayers as it seeks to grant relief to the assessee by following the Apex Court extension order strictly. The provision is beneficial to the assessees indirectly as the extension is only for proceedings in Courts/Tribunals and not for adjudication of the cases. Hence, although the time limit for filing refund applications have been extended but the officers cannot take shelter of this Apex Court order for delay in passing orders. The orders in case of refund applications will continue to be mandatorily passed within the stipulated time period. Consequently, the working capital and liquidity of the assessees will not be adversely effected. However, extension is not applicable for all the compliances. To illustrate, filing of revocation of registration application is not expressly covered by the extension order which is irrational as it would result into closure of business of the taxpayers. Moreover, nonrestoration of the cancelled registrations will also result in reduction of tax base for the Government as well. To conclude, the above suo motu order should have been applied to all the areas of compliances not restricting its scope to judicial/quasi-judicial proceedings so that there can be a “win-win” situation for the assessees.
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