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Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

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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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