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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 284 on rejection of refund in the absence of corroborative evidences

GST update No 284 on rejection of refund in the absence of corroborative evidences
It is well known fact that claiming refund from the revenue authorities has always been a herculean task as the department is reluctant to sanction refund to the assessees. It is well established that the refund application needs to be accompanied by relevant documents as the revenue authorities may reject the claim on frivolous grounds such as non-furnishing of certain documents. As a result, aggrieved taxpayers are forced to knock the doors of court to seek relief. On similar lines, one case was reported before the hon’ble Jharkhand High Court in the case of M/S CTC (INDIA) PRIVATE LIMITED V/S COMMISSIONER (APPEALS). The decision imparted in this case is subject matter of discussion of our present update.
The petitioner is a company registered under the Companies Act and is a 100% export-oriented unit which is exporting its products to countries such as USA, China etc. A refund application was filed of accumulated input tax credit in GST RFD 01A. The petitioner while filing GSTR-3B for the month of Jan 2018, inadvertently missed out the zero-rated supplies of Rs. 3,79,82,605/- against the outward tax supplies in the return and mentioned the same as “0”. However, the same were correctly reflected in GSTR-1 against the export invoices. Therefore, a show cause notice was issued rejecting the application of refund. The reply against the notice was filed by the petitioner submitting that the excess refund filed by considering wrong Net ITC shall be rejected. The expenses mentioned under SI No. 1 to 3 were related to parts purchased for maintenance of plant and machinery used in production and hence GST credit should be allowed. Therefore, a detailed reply was submitted by the petitioner. It was further argued that the submissions and explanations of the petitioner were not taken into consideration before passing any adjudicating order. Therefore, appeal before Appellate Authority was preferred which was rejected subsequently.The Counsel of petitioner further argued that the revenue authorities passed the order without considering the facts of the case and the documents furnished by the petitioner. It was submitted that the revenue authorities failed to take into account the fact that the definition of adjusted total revenue as mentioned under Rule 89 of CGST Rules, 2017, excludes the exempted supplies and the claim of petitioner for refund falls under exempt supplies as per Section 2 of CGST Act, 2017.
The respondent submitted that the refund amount is rejected correctly as per the formula. Further, the value of zero-rated supply as per GSTR-3B is “0”, hence, the refund amount appears to be zero. Further it was argued that the refund the refund credit is inadmissible in accordance with provisions of Section 17(5) of the Act. It was also argued that the GSTR-3B is self-assessment and petitioner did not corroborate his claim by the corresponding invoices.
The Court held that it appears that the petitioner did not furnish any documentary evidence for refund claim and hence, failed to prove that the declaration of zero-rated value of GSTR-1 was legal and genuine. Since there was no corroborative evidence provided before Appellate Authority, the claim of zero-rated supply cannot be validated. It is established law that merely claiming any refund on the basis of averments would not suffice unless and until the said claim of any assessee is corroborated by documentary evidence. Reference was further drawn to Circular No. 37/11/2018-GST dated 15.03.2018. It was stated that the argument of the taxpayer of not providing opportunity of hearing is not sustainable since there was no violation of principle of natural justice. Therefore, the petition filed was rejected.
The above decision is in alignment with the Circular No. 59/33/2018-GST dated 04.09.2018 wherein in-depth discussion and clarification as regards the refund related issues has been discussed stating that the assessee claiming refund must be in possession of tax invoice and other supporting documents. However, it is well settled fact that the taxpayers are not bound by the Circular issued by the CBIC as held by the Apex Court in the case of Dhiren Chemical Industries. Therefore, refund amount which is legitimately earned by the assessees should not be deniedmerely because of procedural lapses such as not furnishing the documents.
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