Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

Comments

Print   |    |  Comment

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.
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