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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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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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PRADEEP JAIN, F.C.A.

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