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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 ON CLARIFICATION THAT IGST REFUND NOT ADMISSIBLE WHEN HIGHER DRAWBACK CLAIMED

GST UPDATE ON CLARIFICATION THAT IGST REFUND NOT ADMISSIBLE WHEN HIGHER DRAWBACK CLAIMED

GST UPDATE ON CLARIFICATION THAT IGST REFUND NOT ADMISSIBLE WHEN HIGHER DRAWBACK CLAIMED:-

CBIC has recently issued circular no. 37/2018-Customs dated 09.10.2018 wherein it has been clarified that IGST refund have not been granted in cases where higher drawback has been claimed. In this context, it is worth observing that there were two types of drawback rates upto 30.09.2017, one with cenvat facility denoted as ‘B’ and the other without cenvat facility denoted as ‘A’. If an assessee opted for drawback rate specified under ‘B’, it meant that lower rate of drawback was claimed which pertained to customs portion only as the credit of Central Excise Duty and Service Tax had been availed by the assessee. Thereafter, with effect from 01.10.2017, the drawback rate was merged with only one rate which is limited only to the refund of the customs duty. It is also pertinent to note that since the drawback is granted only with respect to central excise and service tax portion, the credit that is to be denied is only that of Central Laws. This has also been clarified vide Circular No. 37/11/2018-GST dated 15.03.2018 wherein it is stated that a supplier availing of drawback only with respect to basic customs duty shall be eligible for refund of unutilized input tax credit of central tax / State tax / Union territory tax integrated tax / compensation cess. It is further clarified that refund of eligible credit on account of State tax shall be available even if the supplier of goods or services or both has availed of drawback in respect of central tax. Although the above circular is issued in context of refund of accumulated input tax credit, its ratio is equally applicable in the present discussion.

In context of the recent circular issued wherein it is stated that refund of IGST shall not be admissible if the higher rate of drawback is being claimed, it is submitted that such a condition is very irrational. It is submitted that as stated above, refund of SGST credit is admissible even if higher drawback is claimed. Consequently, there may be possibility that there is sufficient balance of SGST available with the assessee and the goods can be exported on payment of IGST by utilising SGST credit balance. In such cases, there should be no embargo in claiming the refund of IGST paid by utilising SGST credit balance. Even otherwise, an assessee may have huge credit balance on account of transitional credit or on account of purchase of capital goods. In such cases, there is no rational in imposing restriction as regards export on payment of IGST. Accordingly, the restriction of simultaneous availment of higher drawback along with refund of IGST paid on exports should be re-looked by the government. Even this was allowed in Central Excise Regime also. Rajasthan High Court has allowed higher rate of drawback along with rebate claim in case of Iscon Surgicals Limited [2016(344)ELT 108(Raj.)]

Another point that is relevant is that the circular even puts restriction on claiming refund of IGST paid on export goods if the higher and lower rate of drawback on certain goods were identical. This is for the reason that it is presumed that if the drawback rate under category ‘A’ and ‘B’ are same, it means that drawback has been granted of central excise and service tax portion too. This is very absurd as the benefit of refund of IGST is being denied outrightly to the assessees who have availed the benefit of such drawback rate.
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