Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/CASE LAW/21-22/3652

Can an application for the refund of Service Tax paid in excess, which was transitioned to and reversed under the GST regime, be tenable under section 11B of the Central Excise Act, 1994.
Pujan Builders Engineers & Contractors v/s C.C.E. & S.T. Vadodara II
 
Issue: Can an application for the refund of Service Tax paid in excess, which was transitioned to and reversed under the GST regime, be tenable under section 11B of the Central Excise Act, 1994.
Brief Facts: The appellant filed their Service Tax returns for the period from April to June 2017 in August 2017. The returns were revised in September 2017 due to cancellation of some invoices. The appellant transitioned the Service Tax in excess, which has arisen out of the cancellation of invoices, into the GST regime by filing form GST Tran-1.
The GST authorities raised an objection on the transition of the amount and the appellant reversed the amount so that it transitioned in February 2019 along with applicable interest. Thereafter, a refund claim was filed by the appellant in April 2019. The claim was rejected by the authorities who treated it as time barred in accordance with section 11B of the CE Act.
Appellant Contention:  The appellant made the following submissions:
·       Upon cancellation of invoices, no Service Tax is payable and the amount should be treated as a deposit.
·       Alternatively, upon the reversal of such a transitioned amount with interest, one must recognize that the refund had accrued to the appellant and as such filing the refund application on April 5, 2019 is within the limitation period prescribed under section 11B of CE Act.
Respondent Submission: The departmental authorities submitted that the refund claim was filed beyond the limitation period of one year and that the test of unjust enrichment must be examined.
Conclusion: The Honorable tribunal observed as follows:
·       The appellant has transferred the amount of Service Tax paid in excess by filing form GST Tran-1 and it was reversed in February 2019. The trigger event for the refund arose only after the amount was reversed by the appellant.
·       The refund claim application was filed within the time limit of one year i.e., April 2019 as prescribed under section 11B of the CE Act.
·       The tribunal observed that even though the refund claim was filed within the prescribed time limit, the issue of unjust enrichment i.e., whether the incidence of the refund amount has been passed on or otherwise must be examined by authorities.
·       Thus, the Hon’ble tribunal remanded the matter back to the adjudicating authority to verify the aspect of unjust enrichment and to dispose of the refund claim.
Comment:  Generally, upon the cancellation of invoices, the assessee should file a Service tax refund application within the limitation period. In the given case, the honorable tribunal has identified the date of reversal of the transitioned amount as the relevant date for computing the limitation period rather than the original date of the payment of Service tax. The present judgement would certainly be useful in dealing with similar situations arising during the implementation of GST.
Prepared by:Sakshi Jain
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com