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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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PJ/Case Laws/2012-13/1387

Application for restoration of appeal cannot be made where the appeal of PSU was dismissed earlier as COD had declined permission.

Case:- M/S BHARAT PETROLEUM CORPORATION LTD V/S COMMISSIONER OF CENTRAL EXCISE, MUMBAI-II
 
Citation:- 2013-TIOL-80-CESTAT-MUM
 
Brief Facts: - The present appeal has been filed by the appellant for restoration of the earlier appeal filed by them. The appellants are Public Sector Undertakings. The appeal was dismissed vide final order dated 15/12/2008 as the Committee on Dispute declined permission to pursue the appeal.
 
Appellant’s Contention: - The appellant relied upon the decision of the hon'ble Supreme Court in the case of Electronics Corporation of India ltd. vs. Union of India = (2011-TIOL-18-SC-CX-CB) and submit that now the order passed by the Hon'ble Supreme court in the case of ONGC has been withdrawn, therefore, there is no requirement for seeking permission from Committee on Dispute to pursue the appeal.
 
Reasoning of Judgment: - The Hon’ble Tribunal held that that the matter whether in view of the ECIL's decision of the Hon'ble Supreme Court (supra), instances where COD permission was not allowed in the past i.e., before 17.02.2011 to pursue the litigation before the Tribunal, be treated as not relevant, and such appeals either rejected or pending rejection by Tribunal for want of COD permission, be restored or be listed for hearing as the case may be, is now settled by the Larger Bench of the Tribunal in the case of M/s Burn Standard Co. Ltd. vs. CCE, Kolkata vide Order no. M-404/KOL/12 dated 25.07.2012 - [2012-TIOL-1974-CESTAT-DEL-LB]. The Tribunal, after relying upon the decision of the Hon'ble Delhi High Court in the case of Commissioner of Income Tax vs. Gas Authority of India ltd. vide order dated 13.02.2012, held that in case of permission has been already been declined by the Committee on Dispute prior to decision of the Hon'ble Supreme Court in the case of Electronics Corpn. Of India (supra) has not become a nullity and the matter which has been considered and decided by the Committee on Dispute cannot be reopened. In view of this decision of the Tribunal, they find no merit in the application for restoration of the appeal. ROA application is dismissed and as the ROA application is dismissed, the early hearing applications are also dismissed.

Decision: - The restoration of appeal application rejected.

Comment:-The analogy drawn from this case is that as the Committee of Disputes (COD) stands wound up w.e.f 17.02.2011 in view of decision given by SC in the case of ECIL so as of now PSU’s are not required to take permission before filing appeal but for the cases prior to 17.02.2011, the cases decided by COD cannot be reopened in light of the present provisions in this regard. Therefore, presently, there is no bar on PSU’s to file appeal.

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