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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 ON DELAY IN CONSTITUTION OF APPELLATE TRIBUNAL:- 100/2020-21

GST UPDATE ON DELAY IN CONSTITUTION OF APPELLATE TRIBUNAL:- 100/2020-21
GST Law has celebrated his 3rd Birthday recently and it is expected that it fulfils its objective of “Good and Simple Tax”. There are many advancements pending in its effective implementation, one of being the constitution of Goods and Services Tax Tribunal (GSTAT). As we all know that for any law to be able to operate smoothly, it is utmost necessary that the areas of disputes and litigation are resolved at the earliest as ‘justice delayed is justice denied’. However, one of the important aspect of GST law still remains un-noticed which is the constitution and functioning of the GSTAT. In today’s update, we will discuss about reasons for delay in constitution of GSTAT and its repercussions faced by the taxpayers.
 
The GST Appellate Tribunal is not constituted till date and it is worth mentioning that its constitution itself is being challenged before Madras High Court in the case of REVENUE BAR ASSOCIATION VERSUS UNION OF INDIA [2019 (30) G.S.T.L. 584 (MAD.)] wherein it was held that requirement that GST Appellate Tribunal benches consists of one Judicial Member, one Technical Member (Centre) and one Technical Member (State) are liable to be struck down as administrative members outnumbering judicial member violated Article 14 and 50 of the Constitution of India and Supreme Court judgments. It is submitted that when the composition of members in GSTAT itself is under dispute, its functionality is far from reality in near future. However, due to non-constitution of Tribunal, the taxpayers are facing many problems as recovery proceedings are being initiated against them for not challenging the order passed by the Commissioner Appeals. It is submitted that filing of Writ before High Court in the absence of GSTAT is a costly affair and every taxpayer cannot afford to knock the doors of High Court. However, in this context, reference may be made to Removal of Difficulty Order No. 09/2019-Central Tax dated 03.12.2019 wherein the time limit for filing appeal before GSTAT has been specified as three months from the date of communication of order or three months from the date on which President or the State President, of the Appellate Tribunal after its constitution under section 109 enters the office, whichever is later. Hence, the starting point of the time limit for filing appeal before the GSTAT has been deferred till the date when President/State President enters office. However, till the constitution of the GSTAT, the taxpayers will be facing the rigours of recovery proceedings being initiated against them.
 
According to section 78 of the CGST Act, 2017, any amount payable by a taxable person in pursuance of an order passed under this Act shall be paid by such person within a period of three months from the date of service of such order failing which recovery proceedings will be initiated. It is to be noted that this section can very well be invoked by the revenue authorities as there is no exception to initiation of recovery proceedings wherein the statutory time limit for filing appeal has not expired. The provision contained in section 107(7) and section 112(9) also provides stay against recovery of balance amount only where appeal has been filed along with compliance of the condition of mandatory pre-deposit and there is no other exception regarding non-recovery of dues by the department. In the past also, dispute regards recovery of dues wherein appeal was pending along with stay application before Tribunal arose when draconian Circular No. 967/01/2013-CX, dated 1-1-2013 was issued. The taxpayers were issued recovery notices even during pendency of stay application and taxpayers could get relief only by filing writ petitions before High Courts and ultimately, the circular was quashed. When, in the erstwhile indirect tax regime, recovery proceedings were initiated even during pendency of appeals, then it cannot be expected by the taxpayers that the revenue authorities would not resort to recovery proceedings in cases where there is delay in filing appeal before GSTAT on account of its non-constitution. The above view is supported by the recent decision given by the Hon’ble Delhi High Court in the case of ZONES CORPORATE SOLUTIONS VS COMMISSIONER [2020-TIOL-1168-HC-DEL-GST] wherein it was held that the revenue authorities cannot be allowed to withheld refund due to the fact that department is unable to prefer appeal against the order of Commissioner Appeals allowing refund before GSTAT for its non-constitution. Therefore, when refunds can be withheld, ignoring the principle of judicial discipline laid down by the Apex Court in the case of UNION OF INDIA VERSUS KAMLAKSHI FINANCE CORPORATION LTD. [1991 (55) E.L.T. 433 (SC)] wherein it was held that mere filing of appeal cannot be grounds for not following the judicial principle, the recovery proceedings can also be initiated by the department against the taxpayers.
 
Hence, it is hoped that the GSTAT is constituted and made operational at the earliest possible so that unnecessary harassment of assessees by initiation of recovery proceedings is avoided as every taxpayer is not competent to file writ petitions before High Courts for getting reliefs. 
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