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Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

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Publish Date: 05 Jun, 2007
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ONE TIME CREDIT ON GOODS LYING IN STOCK

ONE TIME CREDIT ON GOODS LYING IN STOCK
 
 
            The CENVAT credit facility for Textile industry on actual basis has been introduced from April 1, 2003. As a measure, the Board has introduced transitional provisions for one time credit on stock as on 31.03.2003 under Rule 9A of Central Excise Rules, 2002. The provisions relating to same has been introduced by Notification no. 25/2003-CE (N.T.) dt. March 25, 2003. These are certain clarifications needed urgently for smooth implementation of the same: -
 
1.         VALUE OF INPUTS AS SUCH AND UNDER PROCESS: -
            As per Rule 9A (1) manufacturer can take credit on stock lying with him on the basis of actual duty paying documents. Otherwise, he can take credit on the basis of actual duty paying documents. Otherwise, he can take credit on the basis of declaration made by him under Rule 9A (2). It clearly says that credit will be available for inputs lying in stock or in process or contained in finished goods.
 
            Further, Rule 9A (2) (ii) provides that, a manufacturer whose finished goods and inputs covered by earlier deemed credit Notification No. 6/2002-CE (N.T.) dt. March 1, 2002, this transitional credit will be equal to product of: -
 
i)                    the applicable percentage credit in the said Notifications (66.67 % or 33.33%) ;
ii)                  the value of such finished product declared by the assessee ; and
iii)                the duty rate applicable to such final product in terms of Notification No. 7/2003-CE dt. 28.02.2003 (10% = 8% CENVAT, 2% AED).
 
Thereafter, this transitional credit on stock will be available on value of finished goods. There was under process as well as inputs as such lying in stock as on March 31, 2003. Therefore, credit will be available on likely value of finished product made from these products. This argument also gets strength from the fact that earlier deemed credit was available on value of finished goods at the time of removal of goods. This need clarification from the Board.
  
 
2.                  UNUTILIZED DEEMED CREDIT: -
The exporter has deemed credit unutilized lying with them as they can take the same on clearance of consignment for export under bond. This is clear from provisions of deemed credit. Notification No. 6/2002-CE (NT) dt. March 1, 2002. This reads as follows: -
 
“2(iii) The credit of declared duty allowed in respect of the declared inputs shall be utilized towards payment of duty of Excise or the additional duty of excise leviable under the said Central Excise Act and the Additional Duties of Excise (Goods of Special Importance) Act, on the said final product:
Provided that the credit of the declared duty in respect of the declared inputs used in the final products cleared for export under bond shall be allowed to be utilized towards payment of duty of excise on any final products cleared for home consumption or for export on payment of duty and, where for any reason, such adjustment is not possible, by refund to the manufacturer subject to such safeguard, conditions and limitations as may be specified by the Central Government in the Official Gazette.”
 
            This Notification is issued under Rule 11 of Cenvat Credit Rules, 2002. This is available on deemed basis. The department is contending that this balance credit can not be utilized for payment of duty as there is no provision for converting this credit in normal Cenvat Credit. But this is wrong conclusion drawn by them.
 
            The deemed credit is also a Cenvat Credit although under Notification issued from power under Rule 11 of Cenvat Credit Rules and there is no provision for lapsing of the same. Moreover this unutilized credit can be claimed refund from the department as per provisions of Notification no. 6/2002 CE (NT) dated 28.02.2002. The situation should be made clear to avoid unnecessary litigation.
 
3.         TRANSITIONAL CREDIT ON INTERMEDIATE PROCESS:-
            Earlier to this budget, the process of stentering and calendaring was exempt for cotton fabrics. By virtue of exemption Notification No. 6/2002 CE dated 01.03.2002 (S. No. 114). This was available to factory who does not facility of printing, dying or bleaching with the aid of power or steam. As such these processes were separately installed in a factory. They were receiving cotton fabrics and clearing the same at Nil rate of duty.
 
            They were also receiving the man made fabrics and taking the credit of duty paid on earlier process and clearing after payment of duty. They were not covered under Notification No. 6/2002 CE (NT) dated 01.03.2002 as they were receiving processed fabrics. The Explanation 3 of impugned Notification debars them which reads as follows:
 
            “For the removal of doubt, it is clarified that the provision of this Notification shall not apply where processed fabric itself is used as an Input for other processing”.
 
            Now, the duty is imposed on processing of cotton fabrics with these machines. This earlier exemption is withdrawn from 01.03.2003. They have to pay duty on stock lying with them if the same is cleared after 01.03.2002. However the transitional credit on stock will not be available to them as they were not covered under Notification No. 6/2003 CE (NT). These processes are intermediate processes and processed fabric is received by them. Now, they will have to pay the duty at the rate of 10% on total value which is very heavy. This is not intention of the Government. Therefore it needs clarification from the Government.
 
4.         TRANSITIONAL CREDIT ON HAND PROCESSING UNITS:-
            The transitional credit on deemed basis is available to fabrics processors only if these Inputs and finished goods are covered under Notification No. 6/2003 CE (NT). The stock of hand processing units is not covered under aforesaid Notification as their final product is exempt from levy of duty. However these units send their product on padding, stentering, calendaring, etc., which is done with the aid of power. Earlier these were exempt from levy of duty but Exemption is withdrawn from 01.03.2003. Thus, duty is to be paid on them and transitional credit is not available to these units. They cannot compete with power operated units. This situation also demands immediate intervention.
 
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