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Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

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GST UPDATE ON REFUND AMENDMENTS MADE IN CGST RULES, 2017- Part I - 001/2020-21

GST UPDATE ON REFUND AMENDMENTS MADE IN CGST RULES, 2017- Part I - 001/2020-21
 
UPDATE ON REFUND AMENDMENTS MADE IN CGST RULES, 2017- Part I
Certain important amendments have been made in connection with refunds Notification 16/2020-CT Dt. 23.03.2020 in the CGST Rules, 2017, which are explained in this article.
Clause (C) of sub-rule (4) of Rule 89 has been substituted as below -
(C) "Turnover of zero-rated supply of goods" means the value of zero-rated supply of goods made during the relevant period without payment of tax under bond or letter of undertaking or the value which is 1.5 times the value of like goods domestically supplied by the same or, similarly placed, supplier, as declared by the supplier, whichever is less, other than the turnover of supplies in respect of which refund is claimed under sub-rules (4A) or (4B) or both.
 
As per the above, the value of exports (zero rated supply) shall be limited to 1.5 times of the domestic price of such goods supplied either by the same supplier (refund claimant) or similarly placed supplier.
This provision has been inserted to keep an eye on the valuation done by exporters. Generally, different pricing strategies are followed in respect of goods sold globally and locally by the taxpayers. The department thinks that exporters value the exported goods at higher prices for claiming higher refund in cash and thus encashing the unavailed ITC of their electronic credit ledger.
New changes bring new challenges and complexities attached to it. The first and foremost question arises is what if taxpayer is not at all having domestic sale of same goods? Typically, the answer is contained in the rule inserted itself that the price of "similarly placed suppliers" have to be compared for this purpose. Now, who will be similarly placed Suppliers” is to be seen. There will be lot of litigation of this issue. What factors is to be considered for deciding “similarly placed supplier”. These factors can be supplier at same place, almost same turnover, almost same working conditions, having same set of machines, same manufacturing process etc. It will definitely have many rounds of legal battles.
In the current regime, there is no specific definition of “similar goods” to be described in the law. One has to keep in mind that the law uses “similar goods” and not “identical goods”. Hence, there is lot of difference between the two.
Though taking into consideration the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007, “similar goods” means imported goods –
(i) which although not alike in all respects, have like characteristics and like component materials which enable them to perform the same functions and to be commercially interchangeable with the goods being valued having regard to the quality, reputation and the existence of trade mark;
(ii) Produced in the country in which the goods being valued were produced; and
(iii) Produced by the same person who produced the goods being valued, or where no such goods are available, goods produced by a different person,
In common parlance, similar goods means goods produced in the same country or region as the import goods are, which, although not alike in all respects, have like characteristic and like component materials which enable them to perform the same functions and to be commercially interchangeable.
 
An example of similar goods is interchangeable rubber tubes imported from two different producers with different trademarks but of the same standard, quality and equivalent reputation as well as similar characteristics, components and functions for use by motor vehicle manufacturers.
The department will adopt different strategy while valuing similar goods for the purpose of refund sanction. In the most unlikely conditions, the methods adopted by the taxpayers will be in sync with the revenue authorities. In the absence of clarity on the valuation method to be adopted (which is an issue that was debated in the customs which still persists), it needs to be analysed whether the valuation a common benchmark for valuing the goods can be adopted (as per customs valuation act). Not to mention, this will mean blocking of working capital for the exporters as the department will not issue refund before giving a clean chit to the taxpayers.
In the erstwhile regime, many cases have been given in favour of department despite correct methodology adopted by the assessee as per Rule 5 of the Customs Valuation Act, 2007 i.e. Transaction value of similar goods.- Subject to the provisions of rule 3, the value of imported goods shall be the transaction value of similar goods sold for export to India and imported at or about the same time as the goods being valued.
Moreover, the valuation rules under Custom were restricted to valuation of imported goods and in GST, the valuation issue will arise for domestically supplied goods.
In case of S.S. ENTERPRISES VersusCOMMISSIONER OF CUSTOMS, HYDERABAD(2019 (370) E.L.T. 1372 (Tri. - Hyd.), valuation report given by chartered engineer was taken as base for the valuation of goods and hence, the appeal was  allowed in favour of department. Many similar cases for valuation of goods were given in favour of department thereby leading to increased litigation costs to assessee along with payment of undue interest and penalty.
It is humble request from the all exporters that before accomplishing any rule in the Act, a disclaimer should be attached-“Passengers are responsible for their own luggage, to be more precise, taxpayers should take care of working capital in their best possible manner. Government should bring in more clarifications sooner for the ease of all exporters.”
This is solely for educational purpose.
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