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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 215 on rejection of refund of amount higher than as mentioned in SCN

GST Update No 215 on rejection of refund of amount higher than as mentioned in SCN
The discussions and debates on validity of issues alleged in the show cause notice in respect of sanctioning of refunds has been a subject matter of litigation since long. The tug-of-war between the departmental officers and taxpayers remain intact. It is well known fact that collecting the earned refunds from the revenue department is a not an easy task. On the similar lines, one of the case was reported before Gujarat High Court in the case of M/s TTEC India Solutions Private Limited V/s Deputy Commissioner of Sales Tax. The decision imparted in this case is subject matter of our present update.
 
The petitioner is engaged in providing customer solution service outside India i.e. in export of service. The services were exported under bond without payment of IGST and therefore, claimed refund of unutilised input tax credit of Rs. 2,84,04,175/- from Feb, 2019 to Mar, 20. The refund claim was supported by copies of Foreign Inward Remittance Certificates. The revenue authorities issued a show cause notice rejecting the refund claim of Rs. 36,85,893/- only. The reply filed by petitioner was not adhered to. During personal hearing, the concerned officer was on leave and therefore, the case was transferred to other officer, who was required to provide an opportunity of hearing. Further, due to ongoing covid-19 pandemic, the request made by petitioner of virtual hearing was also not recognised. However, the new officer passed an order rejecting refund claim of Rs. 2,84,04,175/- without providing opportunity of hearing. To this, the petitioner pointed out the apparent mistake and applied for rectification as well but no response was received from the respondent. Therefore, appeal was preferred before Appellate Authority, which was not listed and thereafter, appeal is preferred before this Court.
 
The Counsel of the petitioner argued that there is violation of principles of natural justice. Further, it was argued that the show cause notice itself covers the limited amount rejecting the refund claim of Rs. 36,85,893/- and therefore, entire refund amount cannot be rejected.
 
The Court held that impugned order deserves to be quashed and set aside. The matter was remanded back to the concerned office. It was held that it is settled principle that once a show cause notice for refund claim is issued at the best, the refund can be rejected only for the refund amount for which show cause notice is issued and not for the higher amount.
 
The Court held that it is settled law the impugned order cannot travel beyond the show cause notice. It was directed to the officer to follow the principles of natural justice and directed to decide the matter in accordance with provisions of law. Further, it was ordered to do virtual hearing in case personal hearing is not possible.
 
The above decision sets out correct position of law. There had been catena of cases in erstwhile GST regime as well wherein it is held that the order cannot travel beyond the allegations raised in show cause notice. For an instance,CESTAT Mumbai in the case of M/s R.R. Paints (P.) Ltd. V/s Commissioner of Central Excise, Mumbai-III held the same point of view. The revenue authorities should understand this basic ideology that the issues not raised in SCN cannot be imported into adjudication or appeal order failing which will render the order the impugned and bad in eyes of law. It is high time that these binding judicial pronouncements should be followed appropriately by the departmental authorities failing which will result in unwanted litigations and adjudications.
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