Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
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.  

Comments

Print   |    |  Comment

GST update /2026-27/0005

M/s. Anantara Solutions Pvt. Ltd. vs. Commissioner of GST & Central Excise, Chennai
GST UPDATE
Hon’ble Appellate Authority: CESTAT, CHENNAI
Case Title: M/s. Anantara Solutions Pvt. Ltd. vs. Commissioner of GST & Central Excise, Chennai
Appeal No. & Citation: Service Tax Appeal No.41004 of 2017
Hon’ble Judge(s) HON’BLE MR. M. AJIT KUMAR, MEMBER (TECHNICAL) and HON’BLE MR. AJAYAN T.V., MEMBER (JUDICIAL)
Date of Order 02.04.2026
Outcome Appeal allowed by way of Remand
 
Brief Facts of the Case
The appellant, M/s. Anantara Solutions Pvt. Ltd., was a 100% Export Oriented Unit (EOU) engaged in providing consulting engineering services and exporting such services outside India. For the period July 2012 to September 2012, the appellant filed a refund claim of ?39,96,782 under Rule 5 of the CENVAT Credit Rules, 2004. After processing the claim, the refund sanctioning authority allowed only ?18,19,453, while rejecting ?14,17,388 as ineligible CENVAT credit and disallowing the remaining amount on the ground of limitation. The appellant challenged the order before the Commissioner (Appeals), who upheld the rejection. Aggrieved by this decision, the appellant filed an appeal before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chennai
 
Relevant Rule / Notification
• Rule 5 of the Cenvat Credit Rules, 2004
• Rule 9 (2) of the Cenvat credit rules
• Notification No.14/2016– CE(NT) dated 01.03.2016
 
Question before Hon’ble Authority
• Whether the limitation period for claiming refund of accumulated CENVAT credit in case of export of services should be calculated from the date of export invoice, or the date of realization of foreign exchange?
• Whether refund can be denied due to procedural deficiencies like services were received at unregistered premises or invoices were missing despite the genuineness of transactions and nexus with output services being established?
 
Brief Arguments by Appellant
• Incorrect Relevant Date for Limitation
The lower authorities have erroneously considered the date of export invoice for computing the limitation period. It was submitted that in case of export of services, the relevant date should be the date of realization of foreign exchange, as settled by plethora of judgements. 
 
• Procedural Lapses Cannot Deny Substantive Benefit
Credit amounting to ?13,70,388/- was rejected by the refund sanctioning authority stating that it related to food bills. However, as evident from Annexure II of the order, the credit was actually denied on the grounds that invoices were missing or services were received at unregistered premises.  The appellant contended that such grounds are procedural in nature and cannot be a valid basis for denial of credit when the transactions are genuine and related to output services. 
 
 
• Discretion under Rule 9(2) of CCR, 2004
It was argued that the authorities ought to have exercised their discretion under Rule 9(2) of the CENVAT Credit Rules, 2004 to allow the credit despite minor documentary deficiencies.
 
Brief Arguments by Respondent
The Department relied upon the findings of the lower authorities and contended that:
• The refund claim was rightly rejected on grounds of limitation based on the date of export invoice.
 
• Certain credits were ineligible due to missing invoices or irregular documentation. 
 
• Credit relating to services received at unregistered premises cannot be allowed. 
 
Cases Relied Upon                                                                                                             Case Laws Citation
Case Laws Citation CCE and ST, Bangalore Vs. M/s. Span Infotech (India) Pvt. Ltd., 2018 (12) GSTL 200 (Tribunal LB)
Ad2Pro Global Creative Solutions Pvt Ltd v CST, Chennai, (2023) 9 Centax 281 (Tri-Mad)
mPortal India Wireless Solutions P Ltd v CST,Bangalore, 2012 (27) STR 134 (Kar),
CST, Chennai v. E-Care India Private Limited, 2017 (52) STR 246 (Mad)
Vimal Enterprise v UOI 2006 (195) ELT 267 (Guj) 
 

 
Findings and Judgement 
The following analysis was given by the Tribunal on each issue:
• Relevant Date for Limitation in Refund of Export of Services
The Tribunal held that the issue is no longer res integra and has been settled through various judicial precedents that, in cases of export of services, the relevant date for computing limitation is the date of realization of foreign exchange and not the date of issuance of export invoice. Reliance was placed on decisions such as Span Infotech (India) Pvt. Ltd. and Ad2Pro Global Creative Solutions Pvt. Ltd.. Accordingly, the rejection of refund on the ground of limitation by adopting the invoice date was held to be unsustainable.
 
• Denial of Credit on Services Received at Unregistered Premises
The Tribunal observed that denial of CENVAT credit merely on the ground that services were received at unregistered premises is not justified. Where the transactions are genuine and the services have a nexus with the output services, the benefit of credit and consequential refund cannot be denied.
 
• Denial of Credit due to Missing Invoices
With regard to credit disallowed on account of missing invoices, the Tribunal held that the appellant should be given an opportunity to produce the invoices or substantiate the receipt of services through other supporting evidence.
In view of the above findings, the Tribunal set aside the impugned order and remanded the matter to the adjudicating authority for re-computation of the refund after giving the appellant an opportunity to produce the necessary documents. The jurisdictional authority was directed to complete the denovo proceedings within three months.
 

 
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