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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 205 on re-credit of service tax paid in GST regime

GST update No 205 on re-credit of service tax paid in GST regime
The journey of migration from erstwhile indirect taxation regime to GST regime was full of ambiguity. The confusion in the minds of taxpayers as regards to the availment of credit of service tax paid after implementation of GST regime has been a matter of debate. There had been various judicial pronouncements on the said subject matter wherein the Court had delivered the rulings favouring the concerned assessees. However, recently, a decision has been reported in the case of M/S SRC PROJECTS LIMITED wherein the department had denied admissibility of the credit of service tax paid after implementation of GST regime. The decision delivered in this case is the subject matter of discussion of our present update.
 
The assessee is registered under GST and has paid service tax on the royalty paid to Tamil Nadu Government under RCM for leasing of queries pertaining to the period from April 2016 to July 2017 after implementation of GST regime. The said amount was raised as audit objection conducted by CERA and so paid in the GST regime. The assessee was not able to claim this amount as CENVAT credit in ST-3 return as it was paid on 30.12.2017 and consequently, they could not include the amount in the Tran-1 filed by them. Therefore, the assessee applied for refund of the said amount but their refund claim was rejected by the Assistant Commissioner. Consequently, the taxpayer knocked the doors of Madras High Court directly wherein the case was remanded back on the direction that although the refund claim of the assessee cannot be considered, however, the revenue authorities should decide if they can be permitted to avail the accrued credit in the electronic cash ledger of GST regime.
 
The assessee contended that there is no machinery provision to deal with such a situation as in the present case under Section 140/142 of CGST Act 2017 and therefore, they are not able to take credit of service tax and filed for refund. Further, it was contended that the last date to file Tran-1 application was 27.12.2017, since the service tax itself was paid as on 30.12.2017, the assessee was not able to file application for transfer of credit till due date.
 
It was held after analysing the situation that as per Section 142 of CGST Act, 2017, the taxpayer is claiming recredit of amount of service tax paid which is consequent to audit para raised but was paid post introduction of GST regime.  Reference was made to decision of Jharkhand High Court in the case of M/s Rungta Mines Limited V/s Commissioner of CGST & Central Excise. It was held that the taxpayer cannot avail the benefit of Section 142(3) of CGST Act, 2017, in order to claim re-credit of service tax paid by him due to non-filing of Tran-1. Further, as per Section 142(8) of CGST Act, 2017, it is clear that the amount paid by taxpayer due to raising of audit objection by CERA becomes ineligible for re-credit as requested by taxpayer. Consequently, it was concluded that it is not permissible for the assessee to avail credit of the amount of service tax paid in the electronic cash ledger of GST.
 
It is pertinent to mention here that there have been numerous favourable decisions rendered by High Courts allowing carry forward of accrued credit to the electronic credit ledger in the GST regime or allowing refund of service tax paid under RCM in the GST era. Reference may be made to the decision of hon’ble Madras High Court in the case of M/S GANGES INTERNATIONAL PRIVATE LTD. V/S THE ASSISTANT COMMISSIONER OF GST & CENTRAL EXCISEwherein credit of service tax paid under RCM was allowed to be taken in the electronic credit ledger in GST regime. Similarly, reference may be made to decision given in the case of FLEXI CAPS AND POLYMERS PVT. LTD. VERSUS COMMISSIONER, CGST & CENTRAL EXCISE-INDORE [2021 (9) TMI 917-CESTAT NEW-DELHI]that has allowed refund of CVD and SAD paid on default in export obligation with respect to imports made under advance license in the GST regime for which availment of credit was not possible. Likewise, refund of service tax paid under RCM on import of software was allowed by the CESTAT in the case of M/S. CIRCOR FLOW TECHNOLOGIES INDIA PRIVATE LTD. V/S THE PRINCIPAL COMMISSIONER OF GST & CENTRAL EXCISE by placing reliance on the decision given in the case of ADFERT TECHNOLOGIES PVT. LTD. VS UOI wherein it was held thattransitional credit being a vested right, it cannot be taken away on procedural or technical grounds. The decision analysed in the present update is definitely a setback for the assessee as it indicates that revenue authorities do not adhere to the principle of judicial discipline. Inspite of favourable decisions on the issue, rendering an adverse decision on altogether different reasoning is a matter of concern for the taxpayers. The revenue authorities are duty bound to follow the favourable decisions rendered by the High Courts in light of the decision given by Apex Court in the case of Union of India and Other V/s Kamlakshi Finance Corporation. Nonetheless, such unfavourable decisions instigate unwarranted litigation.
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