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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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Publish Date: 05 Jun, 2007
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CENVAT VIS-À-VIS EXPORT PROCEDURES

CENVAT VIS-À-VIS EXPORT PROCEDURES
 
There are three options available to an exporter under Central Excise law for saving the duty paid on inputs used in manufacture of final product. These three alternatives are: -
 
(i)         Bringing material at nil rate of duty under Rule 13 (1) (b) of Central Excise Rules for manufacture in bond of export goods;
 
(ii)               To take refund of duty paid on inputs under Rule 12 (1) (b) of Central Excise Rules used in manufacture of Export goods;
 
(iii)             To take Cenvat credit and take the refund of duty paid under Rule 57AC (7).
 
The other alternatives of saving input stage duty like Duty Drawback, DEEC (quantity based advanced license) and Duty Entitlement Pass Book (DEPB) Scheme are under the preview of Customs Authorities.  
 
            These all three alternatives from Excise department are equal but the exporters exporting their production opt for the first of these alternatives. The reason being the refund procedure is very cumbersome and obtaining the same from revenue department is more difficult. It leads to undue blockage of working capital from the time of payment of duty by supplier till the receipt of refund from the department.
 
            However, the Notification No. 26/99-CE (N.T.), dated 06/04/1999 created a disparity between the first two options and the third alternative. This was brought by the amendment in Rule 12 as well as Rule 13 of Central Excise Rules which excluded the amendment in definition of materials. As a result of it, you can not take benefit of material used as a fuel under the aforesaid Rule. Normally, HSD oil, furnace oil, LDO etc. are used as a fuel.
 
            There is ban on taking Cenvat credit on HSD oil for manufacture of final product as per Explanation to Rule 57 AA but the Cenvat credit is available on furnace oil, LDO etc. Even earlier it was available under erstwhile MODVAT Rules. As such, the manufacturer exporters using the LDO, furnace oil as a fuel are compelled to opt for third option of taking credit and then claiming refund under CENVAT Rules rather than simple and most beneficial provision of bringing inputs at nil rate of duty under Rule 13 (1) (b) of Central Excise Rules.
 
            The earlier definition of “material” under Rule 12 or Rule 13 permitted the bringing of HSD also. As such, the intention of government was to put a ban on the same. But it has mentioned the word “fuel” in its amendment notification. The same benefit is available to exporters from other route then it shall also be allowed. The exporter are compelled to block their money for a long period right from bringing the inputs after payment of duty, utilizing the same in manufacture of final export goods, exporting it, filing of proof of export and claiming of refund claim on quarterly basis. A considerable time is lost and the amount is paid to exporter after a long battle with the department. Therefore, it is suggested that the facility of Rule 12 and Rule 13 for LDO and Furnace Oil used as fuel should be restored. This will help the exporter to devote their time and energy to constructive work.  

 

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PRADEEP JAIN, F.C.A.

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