Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
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  

Comments

Print   |    |  Comment

GST update /2026-27/0032

GST update on Rajdarbar Ventures

GST UPDATE

Non-Fulfilment of the condition stipulated in the Notification No. 97/2004 dated 17.09.2004.
Writ Petition No.:W.P.(MD) No. 50378 of 2021
Court: High Court of New Delhi (New Delhi Bench)
Case Title: Rajdarbar Heritage Venture Limited v. Additional Director General (Adjudication)
Outcome:Writ petition was allowed and the impugned order demanding penalty and interest was set aside.
Judgement Date: 01.06.2026
 

BRIEF FACTS OF THE CASE:

  • Rajdarbar Heritage Venture Limited (formerly M/s. Global Heritage Venture Ltd.), hereinafter referred to as appellant, imported goods under Export Promotion Capital Goods (EPCG) authorizations during the period 2007–2009 from DGFT for construction of hotel. For this purpose, bonds with bank guarantees were submitted by the appellant also for complying with the conditions. Due to delay in construction of hotel, creditors and banks withdrew the support andand proceedings were initiated under the SARFAESI Act which led to auction of imported capital goods along with the hotel premises in September 2011. All these circumstances led to the encashment of bank guarantees by the Department as the appellant failed to fulfil the export obligations against the import of capital goods.
  • Being aggrieved, appellant preferred a writ petition before the Delhi High Court. Pursuant to which, High court ordered DGFT to look into the matter and examine the request of the appellant for the relaxation of the policy by permitting to fulfil 100% export obligation through alternative products or services provided by other group companies of the appellant. However, this request was rejected by the DGFT.
  • Thereafter, a show cause notice (SCN) was issued demanding customs duty along with interest and penalty. Consequently, appellant filed a detailed reply against the SCN.
  • The Additional Director General (Adjudication), by order, confiscated the goods imported under 55 Bill of entries from different ports due to non-fulfilment of the conditions stipulated in Notification No. 97/2004-Cus dated 17.09.2004. Along with the confiscation, the order also confirmed the demand of customs duty foregone on the imported goods in terms of Section 25 of the Customs Act 1962.
  • Appellant preferred appeal against the order. However, Customs (Appeals) upheld the order passed by the adjudicating authority. The Order-in-Appeal was challenged before the Tribunal.

QUESTION BEFORE THE TRIBUNAL:

Tribunal observed the following key questions:
 
  1. Whether interest can be imposed under Section 28AA if the bank guarantee had already been encashed even before the issuance of SCN?
  2. Whether waiver of export obligation as per para 4 of Notification can be extended to the appellant when the goods are confiscated by the department officials?
  3. Whether penalty can be imposed if the goods are confiscated by the department and export obligation becomes impossible due to confiscation?
  4. Whether penalty can be imposed when the department failed to prove the presence of mens rea?
 
 
BRIEF ARGUMENTS BY APPELLANT:
Appellantsubmitted following contentions: -
  • The appellant is not disputing the demand of customs duty itself it’s only challenging the levy of interest and imposition of penalty.
  • Since the bank guarantee was encashed by the department before the issuance of the Show Cause Notice the interest and the penalty levied is not justified.
  • That a clause no.4 was inserted by Notification dated 21.05.2007 which provides for waiver of export obligation because of force majeure or for other unforeseen circumstances. For this reliance was placed upon the judgement given by Bombay High Court in the case of Taurus Novelties Ltd. v. Commissioner of Customs, Bangalore and Commissioner of Customs (Port), Kolkata v. M/s B R Marbles Pvt Ltd.
  •   DGFT rejected request of the appellant to fulfil 100% export obligation by export of other goods by group companies as the exports were made by group companies, which accounted for 50% permissible fulfilment already.
  • That the appellant also applied for closure of 26 EPCG authorizations for which permission was not granted which shows that the appellant acted bona-fidely.
  • Based on above contentions, that there was no deliberate intent to evade duty or violate conditions and penalty under Section 112(a) requires mens rea, which is absent in the instant case.

BRIEF ARGUMENTS BY REVENUE DEPARTMENT:

Revenue Department made the following key arguments:
  • As the Appellant failed to comply with the condition laid down by the Notification, the demand of duty, interest and penalty stands valid. 
  • Department distinguished the appellant’s relied upon judgements on the ground that the facts and circumstances are different and not applicable in the instant case.
  • That the demand of duty does not get vitiated even if it is not demanded under Section 28AA and only interest is demanded under Section 28AA. Hence, Appellant is liable to pay interest.
  • It was contended that the goods are liable to be confiscated and consequently penalty under Section 112(a) flows automatically.
  • The appellant cannot claim the benefit of Section 56 of the Indian Contract Act (doctrine of frustration) or invoke Paragraph 4 of the Notification relating to force majeure/unforeseen circumstances to avoid its obligations under the EPCG Scheme.
 

FINDINGS & JUDGEMENT:

Following are the key findings and judgement of the Tribunal:
 
  • It was observed that the order has levied interest under notification and not under section 28AA of the Customs Act. Further Tribunal referred to the judgement laid down by Bombay High Court in the case of Customs and Central Excise Settlement Commission, Additional Bench Kolkata in which it was held that even if Settlement Commission had no power to waive interest, Hon’ble High Court has the power and examined the Sec 56 of the Contract Act and confiscation of goods under section 111(o) of the Customs Act cannot also be justified as the appellant had reasons beyond his control for not fulfilling the terms of the Notification.
  • Since the goods are not liable for confiscation penalty under section 112(a) of the Customs Act cannot be imposed and hence set aside.
  • It was held that based on the judgements (supra)since bank guarantee was encashed much before the issuance of SCN, in such case, interest could not have been levied upon the appellant for the violation of terms of the Notification. In continuation of above, that the levy of interest and  penalty is not sustainable as the reliance should be placed upon the Taurus Novelties and B R Marbles (supra) in which it was held that interest and penalty could not be imposed if the bank guarantee had been encashed before the issuance of SCN and the fulfilment of export obligation becomes impossible.
  • Further, that the reliance cannot be placed on the Delhi High Court judgement in the case of DSJ Communications as the matter was decided in 1995 and there was no provision in the Notification for waiver of export obligation on account of force majeure or other unforeseen circumstances.
  • Thus on the basis of above observations, it was held that if a person who has obtained EPCG authorisation for the purpose of importing duty free capital goods is unable to fulfil the export obligation for good and valid reasons, then levy of interest and penalty can be waived and para 4 of the notification (supra) deals with the same situation. Further, that the appellant had lost the control and possession of imported goods.
  • That confiscation of goods under Section 111(o) of the Customs Act cannot also be justified as the appellant had reasons beyond its control for not fulfilling the terms of the Notification. Once the goods are not liable to confiscation, penalty under Section 112(a) of the Customs cannot be imposed. The appellant has not contested the confirmation of demand of customs duty in terms of the Notification and, therefore, the confirmation of demand of customs duty is upheld.
 
Thus, theappeal preferred by the appellant was accepted and the interest and penalty imposed by the order gets brushed aside however the demand of custom duty as per the order gets upheld.
 


 

 
 
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