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Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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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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