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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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GST Update No 197 on refund cannot be denied for mistake in filing GSTR-3B

GST Update No 197 on refund cannot be denied for mistake in filing GSTR-3B

GST era promoted the digitisation of various compliances in the GST Law including sanction of refunds. But as we all know that technology has its own disadvantages, there were various technical glitches faced by the assessees during the initial stage of GST implementation. The refund claims of IGST paid on exports were being withheld for non-transmission of data on account of errors committed while filing GST returns. Similar issue was raised recently before hon’ble MADRAS HIGH COURT in the case of M/S ABI TECHNOLOGIES V/S ASSISTANT COMMISSIONER OF CUSTOMS. The decision imparted in this respect is subject matter of discussion of our present update.

 

The petitioner filed a Writ Petition since refund of Rs. 24,72,018/- was not sanctioned on account of exports during July 2017, Sept, 2017 to Oct, 2017. In the present case, the details were reflected in GSTR-1 regarding the exports made. However, no reflection was made in GSTR-3B under Rule 61(5) of the CGST Rules, 2017. The petitioner submitted that outward supplies related to export would qualify as zero rated supply, details of which are to be filled in GSTR-3B under Column 3.1(b). However, by mistake, the details were furnished under column of outward supply (other than zero rated and exempted) for a consecutive period of 3 months.  Consequently, refund of IGST was denied to the petitioner. Reference was made to CBIC Circular No. 45/19/2018-GST dated 30.05.2018 in this regard.

 

The Counsel of revenue argued that refund is granted subject to the condition that the petitioner furnishes correct information in GSTR-1 and GSTR-3B. Upon filing of the returns, GSTN portal shall transmit the details of export invoices to the system of Customs department and then upon verification, refund is granted.  It was submitted that since no details were transmitted from GSTN portal, refund cannot be sanctioned.

 

The Court held that under although the process of refund is long recognised in erstwhile GST regime as well, still processing of refund under GST regime is a process driven task. It was stated that export incentives are given in order to encourage the exports resulting into inward remittance of foreign exchange. Therefore, it was held that this procedure should have liberal interpretation so that intent of law is not defeated. Reliance was placed on the decision of Apex Court in the case of COMMISSIONER OF SALES TAX, U.P. VS. AURIYA CHAMBER OF COMMERCE, ALLAHABAD 1986 (25) E.L.T.867 (S.C). It was therefore, directed to sanction the refund after due verification of all the details of the petitioner.

 

The above ruling is yet another example of the settled principle that the substantial benefits of refund should not be denied to the assessee on account of minor mistakes and defaults thereby resulting into adverse impact on the working capital requirement of business of the assessee. The above decision is in uniformity with the decision as that pronounced by Delhi CESTAT in the case of M/S VAIBHAV GLOBAL LIMITED V/S COMMISSIONER, CENTRAL GOODS AND SERVICE TAX, CUSTOMS AND CENTRAL EXCISE, JAIPUR wherein it was held that refund cannot be denied due to procedural lapses. The revenue authorities should understand the basic ideology of legislation behind implementation of refund process failing which will increase the miseries faced by exporters.

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