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 238 on cryptic reasons for denying refund cannot render order as non-speaking

GST update No 238 on cryptic reasons for denying refund cannot render order as non-speaking
Claiming refunds from governmental authorities is a herculean task. The revenue authorities are reluctant to grant refund easily and consequently, reject the refund application filed by assessee either without acknowledging the reasons or on flimsy grounds. Moreover, many times, the reasons mentioned for rejection of refund claim are so short that they are not understandable by the assessees. On similar lines, one of the cases was reported before Madhya Pradesh High Court in the case of PRISM JOHNSON LIMITED V/S UNION OF INDIA. The decision imparted in this respect is the subject matter of discussion of our present update. The petitioner company filed a petition against the refund orders passed by the authorities for the rejection of accumulated credit of compensation cess. It was pleaded that the refund rejection order passed is non-speaking order and therefore, deserves to be quashed. The Counsel of revenue argued that the reasons recorded in refund rejection order are sufficient to save them from being sacrificed at the alter of natural justice. Furthermore, it was argued that refund application filed by the petitioner is time barred in accordance with provisions of Section 54 of CGST Act, 2017. It was argued that as per Section 16 of CGST Act, 2017, the refund claim is untenable in eyes of law. The contention was that since the petitioner failed to avail input tax credit on compensation cess on coal during the period, the refund claim pertaining to the said financial year is inadmissible. It was further argued that the refund application filed by the petitioner was under the wrong category i.e. “any other” instead of in “refund of unutilized ITC on account of export without payment of tax”. Objections were also raised regarding maintainability of the petition for failure to avail statutory remedy under Section 107 of the Act. The Court after analysing the situation in the present petition, held that it is obvious that the refund order contains reasons that refund claim is time barred and neither ITC of cess availed in GSTR3B nor accumulated of ITC of cess is available in credit ledger and the refund is inadmissible as per Circular No. 125/44/2019-GST dated 18.11.2019. Therefore, the refund is declined due to cryptic reasons but which are sufficient for the assessee to know the cause of rejection of refund claim. Although, the reasons can be elaborated, but this contention cannot render the order vitiated. Therefore, the petitioner cannot make submissions of not understanding the reasons for rejection of refund claim laid down by the adjudicating authority. Therefore, the appeal filed by the petitioner was dismissed on account of non-availment of alternate remedy and claim being time barred. The above decision is a setback for the business community wherein High Court refused to grant any relief by stating that cryptic reasons cannot turn the order as non-speaking. It was expected that the case would be remanded back to the lower authorities for reconsideration after following the principles of natural justice. It is often observed that the orders passed do not elaborate the reasons for adverse decision which poses difficulty for the taxpayer to defend their case. This decision will definitely increase the hardships for the taxpayers in the coming days.
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