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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 298 on cancellation order uploaded without signature

GST Update No 298 on cancellation order uploaded without signature
Time and again, the revenue authorities are bashed by the Court of law for not following the adequate procedure of law and acting judiciously. Further, the negligence on the part of tax officers in serving the notice properly increases the miseries of the taxpayers. This lacuna on the part of departmental officers is never taken seriously because of which the battle of litigation is faced by the business communities. Recently, one more case on the same lines was reported before Bombay High Court in the case of RAMANI SUCHIT MALUSHTE V/S UNION OF INDIA AND ORS. The decision imparted in this case is the subject matter of discussion of our present update.
 
The petitioner’s appeal was dismissed on the grounds that the appeal was not preferred within a period of 3 months as prescribed under Section 107 of CGST Act, 2017. Therefore, the aggrieved person can prefer an appeal to the Appellate Authority within 3 months from the date of communication of the order. Further, as per Chapter III of the Rules, it requires the order to be authenticated by digital signature or E-signature or by any other mode of signature. The form requires the order to be signed by the officer before passing the order.
 
The petitioner submitted that the order is merely uploaded on the GST Portal without any signature. The signature was affixed on 19.05.2021 when the petitioner was required to get it attested for filing of appeal. Therefore, the limitation period for filing the appeal against cancellation order dated 14.11.2019 never initiated. The limitation period shall begin only from 19.05.2021.
 
The respondent not denied that any order passed by respondent requires to be digitally signed and certified. It was further argued that the petitioner cannot take stand of not receiving the signed copy because the unsigned order was received by petitioner electronically.
 
The Court held that in the present case the present order is not digitally signed and hence, is not issued as per Rule 26 of CGST Rules, 2017. Therefore, the time limit of filing of appeal shall begin only when the digitally signed order is available. It was stated that the if the arguments of the respondent are considered, then the rules which prescribe specifically that digital signature has to be put will be rendered redundant. However, if the digital signature is not affixed by the issuing authority, then the order will have no effect in the eyes of law. Therefore, the submissions of petitioner were accepted that the period of limitation shall commence from 14.11.2019. The impugned order was quashed and set aside and the case was remanded back to be decided on the merits.
 
The above decision is yet another example showcasing that negligence on the part of departmental officers can result into heavy litigation cost to the taxpayers. Recently, there had been judicial rulings wherein the notice was not served on the GST portal or on e-mail of the registered persons. To illustrate, in the case of NAVYA FOODS (P) LTD. V/S SUPERINTENDENT OF CENTRAL TAX, ANDHRA PRADESH HIGH COURT, it was held that time period to file appeal starts from date of uploading of order. We have also prepared update on the same having serial No. 296 dated 28.09.2022. Similar decision was also delivered in the case of M/S PEE BEE ENTERPRISES V/S ASSISTANT COMMISSIONER BY KERALA HIGH COURT on which we have prepared update 124/2020-21 dated 27.8.2020. It is high time that the revenue authorities should streamline the process of adjudication and issuing of show cause notice adequately so as to avoid any unwanted litigations.
 
 
 
 
 
 
 
 
 
 
 
 
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