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Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

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GST Update No 318 on rejection of refund for non-submission of physical documents

GST Update No 318 on rejection of refund for non-submission of physical documents
It is well known that the Circulars are only directory in nature and cannot prevail over the statutory provisions. These circulars are merely advisory in nature and should not be cited as having a binding authority on the assessees. The same is also supported by decision given by the Apex Court in the case of BHAGWATI DEVELOPERS V/S PEERLESS GENERAL FINANCE & INVESTMENT CO. & ORS. However, despite these principles, it is quite disheartening that the taxpayers have to face the wrath of the revenue authorities who strictly follow the procedure prescribed in the circular ignoring the statutory provisions that adversely effects the working of the business. Recently, one such case on the same subject matter was reported before Gujarat High Court in the case of M/s CHROMOTOLAB AND BIOTECH SOLUTIONS V/S UNION OF INDIA. The decision imparted in this case is subject matter of discussion of our present update.
The petitioner prayed for direction to re-credit the amount of Rs.3,37,076/- in electronic credit ledger along with interest from the date of order dated 19.11.2019. It was stated that vide the impugned order dated 19.11.2019 the refund claim was rejected on the grounds of time barred as per Section 54 of CGST Act, 2017. The petitioner is engaged in the business of trading and clearance of finished excisable goods which are mainly used by the pharmaceutical companies. The goods were supplied to SEZ issuing tax invoices. Therefore, the supply of goods to SEZ falls within zero-rated supply and therefore, the petitioner claimed refund of the same. The refund application was filed as on 28.12.2018 on common portal and the ARN No. was generated. However, a notice was served on the petitioner rejecting the refund claim of Rs. 3,37,076/- being time barred. The hearing of the same was decided on 19.11.2019 and on the same day, refund rejection order was also passed whereby the refund of Rs. 11,421/- was sanctioned rejecting the claim of Rs. 3,37,076/-. Thereafter, the petitioner addressed a communication dated 19.11.2019 stating that proper notice was not issued and which is otherwise given after a lapse of one year without raising any query or point out any deficiency. On 31.12.2019 the undertaking of assessee of not filing of appeal was also rejected. On 03.03.2020, respondent admitted the delay in re-crediting the amount in the electronic credit ledger on account of technical issue. A complain was lodged on 04.03.2020 on help desk by the petitioner which was also in vain.
The petitioner submitted that as per the procedure laid down in the Circular dated 15.11.2017, the application was required to be filed online which was duly filed and an ARN No. was also generated. However, the printout of the application along with relevant documents was submitted in the department as on 17.10.2019.

The respondent argued that submission of the printout of the application was after expiry of due date under Section 54 of CGST Act, 2017. Therefore, the refund claim of the petitioner was partially rejected and the re-credit was not given as claimed. It was further submitted that circular dated 15.11.2017 prescribes the procedure to file application physically and the actual date of filing of the refund claim would be counted from the date when documents were submitted to the department and not from uploading of the same on portal.The court stated that the question in the present case is whether date of filing application on common portal or date of submitting printout of refund application is to be considered for the purpose of computing the limitation period for refund claim. Reference was drawn to various provisions of CGST Act, 2017 and Rules thereof. It was held that there is no dispute as regards to satisfaction of all the requirements as prescribed under Section 54 of CGST Act, 2017. In the present case, the petitioner has filed the application on the common portal within time, but the documents to be physically furnished along with the application was physically submitted on 17.10.2019. It was therefore, stated that the circular provided for procedure of filing application and filing of physical application with documents cannot have an overriding operation to the detriment of the assessee. The date of application filed on the portal has to be considered to invoke the period prescribed under Section 54 of CGST Act, 2017. Reference was drawn to decisions of Apex Court in the case OF COMMISSIONER OF CENTRAL EXERCISE, BOLPUR VS. RATAN MELTING & WIRE INDUSTRIES [2008(12) STR 416 (SC)], J.K. LAKSHMI CEMENT LTD. VS. COMMERCIAL TAX OFFICER, PALI [2018(14) GSTL 497 (SC)] wherein the Supreme Court held that the circular cannot alter the statutory provisions to the detriment to the assessee. Further it was stated that in the case of M/S. AYANA PHARMA LTD. THROUGH ITS AUTHORISED REPS. MULRAJ K. CHHEDA VS. UNION OF INDIA in SCA No. 14158 of 2021, electronic filing mode was recognized as valid instead of manual application. Hence, the period of limitation shall be invoked from the date of filing of application on the portal. The procedure mentioned in the Circular dated 15.11.2017 cannot operate as delimiting condition on the applicability of statutory provisions. It was directed to re-credit the amount in the electronic credit ledger along with interest at the rate of 9% p.a. from the date of refund rejection order.The above decision is yet another decision wherein the Courts have viewed that the Circulars cannot have an overriding effect on the statutory provisions. There had been various cases as illustrated above wherein the Hon’ble Supreme Court have thrown light on the importance of provisions of statue over the Circulars. It is high time that these judicial rulings should be followed as binding precedent failing which it will create rooms for unnecessary litigations.
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