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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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GST UPDATE on WIDE POWERS OF COMMISSIONER APPEALS IN CUSTOMS

GST UPDATE on WIDE POWERS OF COMMISSIONER APPEALS IN CUSTOMS
The Budget, 2021 had amended the provision contained in section 5 of the Customs Act, 1962 which reads as follows: - SECTION 5 POWERS OF OFFICERS OF CUSTOMS- (3) Notwithstanding anything contained in this section, a Commissioner (Appeals) shall not exercise the powers and discharge the duties conferred or imposed on an officer of customs other than those specified in Chapter XV, section 108 and sub-section (1D) of section 110. Furthermore, the provisions as referred above are listed for the sake of convenient reference as follows: - Chapter XV pertains to Appeals and Revision Section 128A Procedure in appeal- (3) The Commissioner (Appeals) shall, after making such further inquiry as may be necessary, pass such order, as he thinks just and proper- (a) confirming, modifying or annulling the decision or order appealed against; or (b) referring the matter back to the adjudicating authority with directions for fresh adjudication or decision, as the case may be, in the following cases, namely: - (i) where an order or decision has been passed without following the principles of natural justice, or; (ii) where no order or decision has been passed after re-assessment under section 17; or (iii) where an order or refund under section 27 has been issued by crediting the amount to Fund without recording any finding on th evidence produced by the applicant. Section 108 Power to summon persons to give evidence and produce documents (3) All the persons so summoned shall be bound to attend either in person or by an authorised agent, as such officer may direct; and all persons so summoned shall be bound to state the truth upon any subject respecting which they are examined or make statements and produce such documents and other things as may be required.  ??www.capradeepjain.com??pradeep@capradeepjain.com??5 SECTION 110 SEIZURE OF GOODS, DOCUMENTS AND THINGS.- “(1D) Where the goods seized under sub-section (1) is gold in any form as notified under sub-section (1A), then, the proper officer shall, instead of making an application under subsection (1B) to the Magistrate, make such application to the Commissioner (Appeals) having jurisdiction, who shall, as soon as may be, allow the application and thereafter, the proper officer shall dispose of such goods in such manner as the Central Government may determine.”. Therefore, according to amended section 5 of the Customs Act, the Commissioner (Appeals) is empowered to remand the case back to the adjudicating authority for decision afresh, power to summon a person for tendering statements and even to seize gold in form. The above provisions are no doubt very wide in ambit but they seek to distort the set framework of adjudication and appeal procedure in indirect taxation. As per general parlance, the Commissioner Appeals being first appellate authority is only a quasi judicial authority which is liable to re-consider the order already passed by the adjudicating authority. The Commissioner Appeals usually do not have the power of initiating investigation such as issuance of summons or carry out seizure of goods, documents or things. The issuance of summons for recording statement is the preliminary stage of investigation which cannot be resorted by the first appellate authority but the Customs Act, 1962 gives wide powers to the Commissioner Appeals. In this context, it is pertinent to mention that one of the most common contentions made by the assessees is that the order cannot be passed beyond the allegations made in the show cause notice. In other words, the issuance of show cause notice marks an end to the possibility of any further addition or advancement in the allegations made towards the assessees. Consequently, it has been pleaded in number of judicial pronouncements that the order passed beyond the allegations of the show cause notice is not at all legally tenable. Reference may be made to the following decisions:- • APEX FLUIDOMATICS LIMITED VERSUS ASSISTANT COMMISSIONER OF C. EX., AHMEDABAD [2014 (313) E.L.T. 106 (TRI. - AHMD.)] • ASSISTANT COMMISSIONER OF CUSTOMS, AHMEDABAD VERSUS KRISHNA PETROCHEMICALS ??www.capradeepjain.com??pradeep@capradeepjain.com??6 [2014 (304) E.L.T. 744 (TRI. - AHMD.)] • SAURABH ORGANICS PVT. LTD. VERSUS ASSISTANT COMMISSIONER OF CENTRAL EXCISE, THANE [2012 (275) E.L.T. 582 (TRI. – MUMBAI)] In light of the above cited decisions, it is clear that the Customs Act, 1962 empowering the Commissioner Appeals with the power of issuance of summons for statements and for seizure of gold is clearly distorting the already set mechanism of adjudication proceedings thereby adding to complexities. Consequently, the government should re-look their decision to empower Commissioner (Appeals) of Customs with such powers that have direct nexus with the adjudication of the case. This will lead to very unpleasant situation where a taxpayer contends that the order is moving beyond the show cause notice then Commissioner (Appeal) will start investigation once again. Else, on pleading of not taking of statements of a key person, the Commissioner summons that person and start taking his statement. So, starting of investigation once again by Appellate authority does not match with basic role of appeal by Commissioner (Appeal). Hence, delegation of such power to Commissioner (Appeal) will create chaos and confusion and lead to more disputes and litigation.
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PRADEEP JAIN, F.C.A.

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