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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: 31 Jul, 2014
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PSF, PFY and Tow- Ache din aa gaye hai

PSF, PFY and Tow- Ache din aa gaye hai

An article by:-
CA. Pradeep Jain
CA Neetu Sukhwani
Ankit Palgauta

Intoduction:
There was litigation on the point of taxability of ‘Tow’ which is an intermediate product in the manufacturing of Polyester Staple Fiber (PSF) and Polyester Filament Yarn (PFY) manufactured from plastic waste or scrap or plastic waste including waste polyethylene terephthalate (PET) bottles. The clarification on this issue was much required by manufacturer of Tow because they are not ready to pay excise duty on the same due to the fact that this was an ongoing product and at the same time, duty free deemed clearance of the said product is not allowed by the department. As a consequence, there are a number of cases pending based on this issue before various authorities. Thus, amendment was much required on this point.
Erstwhile Provision:
Earlier there was dispute on duty liability and classification of Polyester Staple Fiber (PSF) and Polyester Filament Yarn (PFY) manufactured from plastic waste or scrap or plastic waste including waste polyethylene terephthalate (PET) bottles. The classification was decided by the government in the Finance Bill 2012, vide TRU Letter No. D.O.F. No. 334/3/2012-TRU dated 16.03.2012 wherein it was stated that chapter note has been inserted in Chapter 54 to provide that notwithstanding anything contained in Note 1, man-made fibre such as polyester staple fibre and polyester filament yarn manufactured from plastic and plastic waste including waste polyethylene terephthalate bottles shall be classified as textile material under Chapter 54 or Chapter 55, as the case may be. This amendment is being carried out with retrospective effect from 29.06.2010. Duty in respect of clearances already made is to be recovered from the manufacturers of these goods within one month of the date of enactment of the Finance Bill, 2012 failing which interest at the rate of 24% is payable.” Accordingly, it was specified that man made fibre such as polyster staple fibre and polyster filament yarn manufactured from plastic waste including waste PET bottles would be classifiable under chapter 55 with retrospective effect and would be leviable for duty from 29.06.2010. Not only this, central excise duty demands were also being raised for the goods cleared after 29.06.2010. However, simultaneously, the government also granted exemption to the said products vide notification no. 24/2012-CE dated 08.05.2012 wherein entry no. 172A was inserted wherein the said products were granted exemption from payment of excise duty. However, this notification was applicable with effect from 08.05.2012, and so the litigation arose for the period from 29.06.2010 to 07.05.2012. The reason for the dispute was that classification was confirmed from 29.06.2010 but no retrospective exemption was given to such manufacturer of PSF and PFY during the period prior to 07.05.2012.
 
But the dispute did not end here. The energetic field formation came up with another dispute of taxability of Intermediate product ‘Tow’ arising during the course of manufacture of such PSF/PFY. They said that since the final product is exempted then the duty is payable on intermediate product. The manufacturer pleaded that this is emerging during the ongoing process and cannot be taken out of the machine. Hence it is not marketable and not liable to excise duty following the number of Apex Court decisions on this issue.
 
Another dispute was regarding valuation of this intermediate product. The department was asking for valuation from Cost Accountant in form CAS-4 for valuation but the cost accountant was also finding it difficult to computing this cost as apportionment of direct expenses for such intermediate product was very difficult.
 
Circular by CBEC:
 
Recently, CBEC has also issued a circular that the matter as regards taxability of intermediate product “TOW” should be kept pending as the issue has been referred to them and they are considering the same. This circular raised the hopes of the manufacturers that the issue will come to an end.
 
Budget declaration:
The new dynamic Finance Minister has clarified these issues in his budget speech. The issue relating to manufacturing of PSF and PFY has been exempted from payment of Excise Duty retrospectively w.e.f. 29.06.2010 to 07.05.2012. An intermediate product Tow arising from the manufacturing of PSF and PFY is also being exempted retrospectively w.e.f. 29.06.2010 to 10.07.2014 so as to provide relief to the manufacturers of such PSF/PFY.
 
But with effect from 11.07.2014, the PSF and PFY will  be taxable @2% without Cenvat credit facility by virtue of notification 1/2011-C.E  dated 1.3.2011 as amended by Notification number 8/2014-C.E dated July 11, 2014 [New Serial No. 70A]. The manufacturers also have an option to pay duty @6% with Cenvat facility as per serial number 172A of notification number 12/2012-CE dated 17.03.2012 as amended by Notification no. 12/2014 dt 11.07.2014. 
 
Conclusion:
Thus, this amendment has clarified the issues relating to taxability of PSF and PFY and intermediate product "tow" manufactured from Plastic scrap or waste or plastic waste including waste polyethylene terephthalate (PET) bottles. These PSF and PFY are made exempted retrospectively from levy of excise duty for the period from 29.06.2010 to 07.05.2012. Thus, all demands or pending cases will be set aside or terminated which would provide a great relief to the manufacturers.    
 
On the other hand, ‘Tow’, an intermediate product, is also made exempted retrospectively from 29.06.2010 to 10.07.2014. Thus, this amendment has released assessee or manufacturer of ‘Tow’ from the burden of Excise Duty.
 
With effect from 11.07.2014, the product “PSF” and “PFY” is brought under the regime of Excise. This will be taxable @2% (without Cenvat) or @6% (With Cenvat). Since all scrap of PET bottles are coming duty free, hence the manufacturer procuring such material will opt for 2% duty. But other set of manufacturers who are importing these input, they will take the credit and opt for 6% duty because there is CVD on imported input of which credit is admissible.
 
However, if the product is being sold to end user, who is unable to avail cenvat credit, he will compel the manufacturers to pay 2% duty. There is another difficulty also as the manufacturer who are manufacturing other products in the same factory will find it very difficult to maintain separate records for input services used commonly in the manufacture of all the products. They may forgoe the credit attributable to input services so as to avoid the obligations of Rule 6 of the Cenvat Credit Rules, 2004.
 
However, with the retrospective exemption from levy of excise duty, the litigation has by and large come to an end. The manufacturers of these products have seen very tough time while fighting with the department. A lot of representation and correspondences with the department are result of the amendment. But it can be said now that:-"Ache din aa gaye hai.”

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PRADEEP JAIN, F.C.A.

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