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Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

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GST Update 20.09.2016

INTEREST ON DELAYED SANCTION OF REFUND

 
GST DAILY DOSE OF UPDATION:-
 
 
INTEREST ON DELAYED SANCTION OF REFUND:-It is provided that if any tax refundable under section 38 to any applicant is not refunded within three months from the date of receipt of application under section 38(1), interest at the rate as specified in the notification shall be payable in respect of such refund from the date immediately after expiry of the due date for sanction of refund under section 38 till the date of refund of such tax. At present, under Central Laws, similar provision is contained in section 11BB of the Central Excise Act, 1944 which states that if refund is not granted within three months from the date of receipt of application, applicant shall be paid interest from the date immediately expiry of three months from the date of receipt of such application till date of refund of such duty. Although, the provisions under earlier laws and that proposed in GST appear to be similar but there is difference.
 
 
According to present Central Excise Laws, interest is payable if the refund claim is not granted within a period of three months from the date of receipt of refund application. However, in GST Law, there is additional condition for claiming interest and interest is not payable simply on expiry of three months from the date of receipt of refund application. As per Explanation to section 38(5), application shall mean complete application containing all information as may be prescribed. Hence, if refund application is filed on say for example 15.04.2016 but certain documents were not enclosed with the refund application. The required documents were submitted on 25.04.2016 and the refund was sanctioned on 22.07.2016, then as per GST Law, no interest will be payable as there is no delay in sanction of refund claim. The date of receipt of application shall be 25.04.2016 and not 15.04.2016. However, as per present Central Laws, interest is payable from 15.07.2016 to 22.07.2016. Therefore, the GST law seeks to make stringent provisions for grant of interest on delayed sanction of refund claims because the date of receipt of application shall be counted from the date when application contains all information as is prescribed. It will be give a weapon in the hands of department and they will return the refund claim on the one pretext or another so that no interest is payable by them. We have seen such type of practice of department and ultimately saying that the refund claim is time barred but the tribunal and High Court has held that the refund claim is deemed to be filed from the date of initial filing of claim.
 
Furthermore, explanation to section 39 provides that where order of refund is made by appellate authority or tribunal or court, then such order shall be deemed to be order under section 38(4) or 38(4A) thereby meaning that the interest in such cases will be payable from date immediately after expiry of due date of sanction of refund till the date of refund of tax. This provision is also presently there in Central Laws but the assessees rarely get interest from the expiry of three months from the date of original filing of refund application. This is for the reason that the revenue authorities interpret that the time limit of 3 months is to be counted from the date of filing of consequential refund claim after the order of the appellate tribunal. The revenue authorities are reluctant to grant interest from expiry of three months from date of original filing of refund claims. The issue has also been considered by Apex Court in the case of  Ranbaxy Laboratories Ltd. vs Union of India [2012 (27) S.T.R. 193 (S.C.)] but even then, the hapless assessees are not granted interest. When taking refund of duty is tedious task, taking interest on delayed sanction of refund will definitely not be easy.
 

 
 
 
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