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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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Several amendments have been proposed in the GST Law in the Finance Bill which is a part of Union Budget announced for 2022-23. Amendments have been made in the provisions regarding filing of returns, availment of input tax credit, GST refunds etc. Some o

Several amendments have been proposed in the GST Law in the Finance Bill which is a part of Union Budget announced for 2022-23. Amendments have been made in the provisions regarding filing of returns, availment of input tax credit, GST refunds etc. Some o
GST law was implemented with a motive of simplified and easy tax reform, and it was expected that it will provide a hassle-free refund process. However, taking refund from department is a herculean task as it is often observed that revenue authorities are reluctant to grant refunds to the assessees. Recently, the refund claim in the case of QUEST GLOBAL ENGINEERING SERVICES PRIVATE LIMITED was rejected on the grounds of limitation which was further challenged before the Hon’ble Madras High Court. The analysis of the judgment is the subject matter of discussion of our present update. The transferor company i.e. Quest Global Engineering Pvt. Ltd. got merged with the petitioner company. The transferor company had raised invoices during the month of June, July, August and September 2017 on their client M/s Caterpillar India Pvt. Ltd. and discharged the tax liability. The data of both the companies was integrated. Unfortunately, the system picked the same invoices on which service tax was paid by the transferor company and were reflected in the returns of those respective periods. Consequently, the petitioner ended up paying tax on those invoices without actually supplying the services for which refund claim was filed by them. Reliance was placed on decision given in the case of TAMIL NADU NEWSPRINT AND PAPERS LIMITED VS CUS., C. EX. & S.T. SETT. COMM., CHENNAI, 2021 (377) E.L.T.59 (MAD). and Circular No. 26/26/2017-GST dated 29.12.2017 wherein it was held that excess tax paid by mistake to the government should be refunded back to the petitioner. The Counsel of the Department submitted that the petitioner neither filed any evidence to substantiate that tax was already paid for the period from June to Sept 2017 and nor produced any proof that ITC was not availed by M/s Caterpillar on the base of invoices raised. The counsel further submitted that as per Section 54 of CGST Act, 2017, since, tax was paid on 01.11.2017, refund should have been claimed within a period of 2 years by the petitioner. However, it was filed on 30.05.2020. Therefore, it is rejected on account of time barred. Further, reliance was placed on the decision of Apex Court in the case of MAFATLAL INDUSTRIES V/S UNION OF INDIA, wherein it was held that limitation period cannot be overlooked except in case of unconstitutional levy. The counsel of the department also placed reliance on following judicial pronouncements:- • Assistant Commissioner of S.T, Chennai Vs Nataraj and Venkat Associates, 2015 • Enmas Andritz Private Limited Vs CESTAT, Chennai, 2017 • Indian Oil Corporation Limited Vs Union of India, 2016 • Southern Surface Finishers Vs Assistant Commissioner of Central Excise, Muvattupuzha, 2019 • Shoppers Stop Limited Vs Commissioner of Customs (Exports), Chennai, 2018 • Commissioner of Customs (Exports), Chennai Vs BPL Limited, 2010 • Union of India Vs Kirloskar Pneumatic Company,1996 • State of Haryana Vs Hindustan Machine Tools Limited, 2015 The Hon’ble Court considered the arguments of both the sides. After analyzing the provisions of Section 54, it was held that the petitioner should have filed for refund claim before expiry of 2 years i.e. before 19.12.2019. Therefore, refund claim is time barred. In case of wrong entry, petitioner should have taken appropriate steps to rectify the returns u/s 39. It was further stated that the circular submitted by petitioner’s counsel is not applicable in current scenario since supply is not reported twice instead invoice is generated twice by the petitioner. Rather, petitioner should have issued appropriate credit notes to the client to neutralize the excess payment of GST. The petition was dismissed without awarding any consequential benefits. The denial of refund claim on the grounds of limitation in cases where tax was mistakenly paid twice by the assessee is unjustifiable as it is settled principle of law that government cannot retain any tax without authority of law. As the tax cannot be levied on the same transaction twice, the tax paid inadvertently should be refunded back to the assessee without considering the time limit as in that case, what is refunded back is the amount paid in excess and not tax. The tax paid twice by the assessee does not partake the character of tax and so the limitation should not apply. There have been various judicial pronouncements in the erstwhile regime that the period of limitation is not applicable for refund of tax mistakenly paid by the assessee and so the benefit of the said decisions should have been granted in the present case. Reference may be made to the following cases:- • M/S BINANI CEMENT LTD. VERSUS UNION OF INDIA [2013 (288) E.L.T. 193 (GUJ)] • JOSHI TECHNOLOGY INTERNATIONAL VERSUS UNION OF INDIA [2016 (339) E.L.T. 21 (GUJ.)] • 3E INFOTECH LTD. VS. CESTAT [2018(18) GSTL 410 (MAD.)]
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