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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.
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GST update /2026-27/0018

The Commissioner Of Gst & Central vs M/S.Visaka Industries

GST UPDATE

Hon’ble Court: High Court of Judicature at Madras
Case Title: The Commissioner Of Gst & Central vs M/S.Visaka Industries
Appeal No. & Citation: Appeal Nos.2799 & 2800 of 2018

Brief Facts of the Case

Visaka Industries Ltd., the Respondent assessee, had to use a certain amount of fly ash in its manufacturing process to get a tax benefit (excise exemption). The tax department checked the company’s records and believed that the company had wrongly taken this tax benefit. The department said that the amount of fly ash shown by the company was more than the amount actually supplied by the thermal power station. According to the department, the company had shown higher quantities only to claim tax exemption wrongly. Accordingly, the department issued a show cause notice asking the company to explain why tax, interest, and penalty should not be recovered from it. A contractor, namely Natesan Engineers & Contractors, was also made a party to the case because the department believed that it had helped the company in this matter. The company denied the allegations and explained that it had not received fly ash only from the thermal power station but had also purchased it from other suppliers also. However, the department passed an order confirming the tax demand against the company on account that the company did not provide enough documents to prove this claim. The company then filed an appeal before the Tribunal (CESTAT). During the appeal, the company requested permission to submit some more documents to support its case. These documents included agreements and transport records which, according to the company, would prove that fly ash was also purchased from other sources. The Tribunal was of opinion that these documents were important for deciding the matter correctly. Therefore, remanded the case back to the department for fresh examination after considering all documents properly. Aggrieved, the tax department filed an appeal before the Madras High Court.

Relevant Rule

Rule 23 of the CESTAT Rules

Question before Hon’ble Court

Whether additional documents/evidence can be allowed at the appellate stage under Rule 23 of the CESTAT Procedure Rules?

Brief Arguments by Appellant - Department

  • The assessee had not produced proper documents during adjudication despite serious allegations. Therefore, the assessee should not be given a second opportunity.
  • The assessee did not sufficiently explain why such documents were not produced earlier.
  • According to Revenue, the Tribunal wrongly permitted additional documents without proper justification as to why such documents should be accepted at a later stage.
  • The Revenue relied upon the Supreme Court decision in case of Union of India v. Ibrahim Uddin to argue that appellate forums should not casually permit fresh evidence. Since the assessee claimed exemption, it had to strictly prove compliance with conditions.

Brief Arguments by Respondent Assessee

  • The company explained that many of these documents belonged to other parties and therefore could not be collected earlier. It also argued that some documents were already shown before the department, but they were not properly considered.
  • The additional documents were essential to prove that fly ash had been procured from outside sources. Therefore, the ends of justice required consideration of such documents. The assessee argued that sufficient opportunity was not provided to fully establish its case.

Findings and Judgement

The Hon’able High Court made a detailed analysis of the Rule 23 of CESTAT (Procedure) Rules, 1982 and observed that The Tribunal may allow additional evidence if:
  1. it is necessary for passing proper orders;
  2. there is sufficient cause;
  3. adequate opportunity was not provided earlier; or
  4. the ends of justice require consideration of such evidence.
 
  • Rule 23 is wider than Order 41 Rule 27 of CPC
The court held that Rule 27 of CPC is very stringent as the party seeking to produce additional evidence should establish that notwithstanding exercise of due diligence, he was unable to produce documents. However the Rule 23 gives wider discretion to the Tribunal to permit documents if required for justice.
 
  • Tribunal has power to call for additional evidence
The Tribunal suo-motu empowered to call for documents or summon any witness on points at issue, if it considers necessary to meet the ends of justice in exercise of its powers under Rule 23(4) of the CESTAT Rules.
 
  • Misplaced Reliance on Supreme Court judgment in Ibrahim Uddin
The High Court held that the Revenue wrongly relied on Ibrahim Uddin because that case dealt with civil litigation under CPC, whereas Rule 23 of CESTAT uses different language and grants wider powers.
 
Accordingly, the High Court upheld the Tribunal’s order and dismissed the Revenue’s appeal.

Opinion

Author’s Comment

The judgment therefore supports a fair approach by emphasizing that substantial justice is more important than procedural delay, especially where the additional documents are relevant for deciding the ends of justice. If additional evidence is not allowed at a later stage, many genuine taxpayers may suffer even when they have a valid case. Sometimes, tax demands are confirmed not because the transaction is wrong, but because certain supporting documents could not be produced within a short time. In such situations, denying an opportunity to submit important records may result in an incorrect tax demand and cause financial hardship to businesses. Furthermore, recognizing such practical difficulties even in the GST era, Rule 112 of the CGST Rules, 2017 also provides circumstances in which additional evidence may be produced before the Appellate Authority. Such evidence may be permitted particularly where the authorities had refused to admit evidence which ought to have been accepted, where the assessee was prevented by sufficient cause from producing the evidence at the time of adjudication, where adequate opportunity was not provided to present the case properly, or even where the assessee, at the relevant time, was under a bona fide belief that such evidence was not material or relevant to the dispute. This reflects the legislative intent that tax matters should be decided on the basis of complete and correct facts rather than on mere procedural limitations.
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