Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

Comments

Print   |    |  Comment

GST update No 307 on limitation for refund of tax paid under wrong head

GST update No 307 on limitation for refund of tax paid under wrong head
It is well known fact that getting refund sanctioned from the Government is a matter of grave concern for the taxpayers since the departmental authorities are reluctant to sanction the refunds. It is observed that the assessees have to knock the doors of court in order to get their refund claims. Recently, one such case was reported before Andhra Pradesh High Court in the case of AXIS BANK LIMITED V/S UNION OF INDIA. The decision imparted in this case is subject matter of discussion of our present update.
The petitioner is the third largest bank and provides an entire spectrum of the financial services. The bank is registered in Andhra Pradesh as well as in Telangana with two different GSTIN. For the ease of determining the location of supply (LOS) and place of supply (POS), the branches were tagged to the respective states from where the services are provided. However, during this process, few business premises located in Telangana State were erroneously tagged as Andhra Pradesh and hence, LOS was also wrongly identified. However, POS was correctly identified as Telangana and IGST was paid instead of CGST and SGST. This incorrect mapping was identified by the bank in year 2019 and to rectify the same, the petitioner suo-motto deposited relevant CGST and SGST and reported the same in DRC-03. Further, in respect of IGST paid, refund was demanded. However, a show cause notice was issued to the petitioner wherein the refund application was rejected being time barred and details of excess tax payment were not reflected as per Section 54 of CGST Act, 2017. The aggrieved petitioner filed an appeal before Commissioner (Appeals) which was rejected. Therefore, this writ petition is filed due to non-constitution of GST Tribunal.
The Counsel of petitioner relied on the Circular dated 25.09.2021and statedthat the authorities erred in rejecting the claim as time barred.
The Counsel of respondent argued that the refund claim should be filed as per the procedure prescribed under the provisions of the Act. Since the impugned claim came to be made beyond the period of limitation i.e. 2 years, the refund is rightly rejected. Further, it was argued that all the documents required for making claim were incorrect. It was argued that except making bald statements of GST payments, no documentary evidence existed. Therefore, it was argued that there is no merit in the present case and hence, the same is liable to be dismissed.
The Court stated that the issue under consideration is whether the application made by the petitioner is barred by limitation and whether all the documents as required are filed along with the said refund application? Refence in this case was drawn to Circular dated 25.09.2021 regarding refund of tax. Further the word “subsequently held” was interpreted. It was stated that from Circular No. 162/18/2021-GST and Column No.3 of 4.3, if tax is paid in correct head before issuance of Notification No. 35/2021-Central Tax dated 24.09.2021, the last date of filing of refund would be 23.09.23 (2 years from date of notification). Further, in case IGST is paid on same transaction on 10.11.2022 i.e. after issuance of notification, the last date of filing would be 09.11.2024. Placing reliance on the same, the petitioner seeks remand of the matter. In the present case, the order was passed as on 23.11.2020 and circular was issued as on 25.09.2021 regarding clarification of date for claiming refund. Furthermore, the authority who passed the impugned order could not consider the Circular since the same was not issued by the date of impugned order. Since in the present case, the refund application was not coupled with adequate documents, the same is remanded back in light of the above stated Circular.
The above favourable decision is a silver lining in the clouds for the trade and industry. The moot question still unanswered in the minds of taxpayers is to what extent will this tug of war continue between the taxpayers and tax officers regarding denial of refund on the grounds of limitation when there is clear cut clarification issued by the CBIC. It is high time that the pro-revenuepractices should be curbed at the earliest possible by the revenue authorities as it will continue to increase the miseries of the government as well as the taxpayers.
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