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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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GST Update No 219 on no time limit prescribed for refund u/s 142(9)(b)

GST Update No 219 on no time limit prescribed for refund u/s 142(9)(b)
Introduction of GST is a significant reform in the indirect taxation in the country wherein multiple taxes were consolidated under a single umbrella and replaced with one nation one tax. Since there was consolidation of various taxes, it was necessary to have transitional provisions in the frame to ensure smooth and hassle-free flow from erstwhile regime to the existing regime. However, there had been plethora of cases related to transitional provision as prescribed under Section 142 of CGST Act, 2017 wherein the assesses are denied carrying forward the credit or claim refund thereof from the erstwhile GST regime. One of such case was reported before CESTAT Delhi in the case of Punjab National Bank V/s Commissioner, Central Goods and Service Tax, Central Excise. The decision imparted in this context is the subject matter of discussion of our present update.
 
The petitioner is a scheduled bank, paying service tax under banking and financial services for the period ended on 30.06.2017. The ST-3 return was filed as on 14.08.2017 and Tran-1 was filed for unutilised credit of Rs. 5,38,330/-on the same date. However, upon filing of the same, mistake was noticed regarding omission in claiming CENVAT credit of Rs. 1,18,237/- on account of late receipt of invoices related to input services to which revised ST-3 return for the period 30.06.2017 was filed on 21.09.2017. However, post GST implementation, the transfer of credit in TRAN-1 could not have been revised and taken to GST regime and hence, refund claim was applied on 15.11.2018 of Rs. 1,18,237/-. The refund claim was rejected being time barred. Further, it was argued that the assessee failed to produce any concrete evidence to prove that incidence of tax was not passed on to any other person.
 
The Counsel of petitioner quoted Section 142(9)(b) of CGST Act, 2017 and submitted that in case return is revised after introduction of GST regime but within the prescribed time limit under the law and refund arises after filing of TRAN-1, the amount shall be refunded back to the assessee. Furthermore, it was contended that there is no scope in the present case to pass on the liability under service tax provision. Therefore, it was prayed to allow the appeal.
The Counsel of respondent relied on the impugned order.
The CESTAT after analysing the situation held that there exists no controversy regarding the amount to be refunded back. Furthermore, it was held that there is no scope to transfer any service tax liability since the credit is taken after the introduction of GST regime and filing of TRAN-1. Moreover, it is stated that no time limit is prescribed under Section 142(9)(b) of CGST Act, 2017, for claiming of refund. Therefore, the appeal is allowed.
The above decision is a favouring decision in alignment with various settled cases that the credit legitimately earned cannot be denied merely because of procedural lapses. To illustrate in the case of Adfert Technologies Pvt. Ltd V/s Union of India, Punjab and Haryana High Court held that transitional credit being vested right cannot be taken away on procedural or technical ground. This decision was upheld by the Hon’ble Supreme Court as reported in2020 (34) GSTL J138 (SC). It is well settled law that the procedures cannot override the law since they are only a delegated legislation. The taxpayers can take shelter of these settled judicial pronouncements by the judicial authorities wherein the same viewpoint is upheld. It is high time that the revenue authorities should understand the intent of legislation otherwise the assessees will be left with no other choice other than approaching the court.
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