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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 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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