Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

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.
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com