Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
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.  

Comments

Print   |    |  Comment

PJ/Case Law/2019-2020/3604

Can Service tax be denied on the basis of variation in original and revised return?
M/s Creative Cable Network Pvt. Ltd. Final Order No. A/60879/2019-CU(DB) dated 09.06.2020
Issue: Can Service tax be denied on the basis of variation in original and revised return?
Brief Facts:  M/s Creative Cable Network Pvt. Ltd. is engaged in providing service of carriage to broadcasters i.e. facilitating broadcasting of those channels which make payment for transmission of their respective channels. They don’t own any infrastructure for such transmission but get these channels transmitted through other broadcasters. An audit was conducted for the period April, 2014 to March, 2015 during the period August, 2015 to November, 2015 and it was observed that revised returns were filed. It was observed that there was variation between the original and revised return. The department has alleged that the appellant has merely substituted Cenvat credit invoices without actual receipt of input services. Moreover, no supporting invoices have been furnished by the appellant despite visit by the audit party to the premises. They have also availed the Cenvat credit without receipt of documents as required under Rule 9 of Cenvat Credit Rules as well as without actual receipt of input services. Further ‘placement income account’ has been reduced by passing debit entries and leading to evasion of tax. It was also observed that they have taken credit of invoices where the registration was in the proprietor’s name and of another invoice where the address mentioned in the registration certificate was different from the address of provision of Service.
 
Appellant’s Contention: Appellant has contended that they are engaged in the business of collection of subscription and carriage income from broadcaster and channels. They are managing the staff for the collection of subscription on behalf of the broadcaster and carriage on behalf of channels. They have deputed various distributors for the collection of the same and they used to pay the distributors the commission for the collection. In order to save the duplicity of efforts, it has been mutually decided by the parties that instead of intermediaries raise the bill on Fastway and Fastway on the appellant it has been proposed that direct billing by intermediaries to appellant company is better option. So, to execute the above arrangement billing/invoices raised by M/s. Fastway on appellant company was reversed in respective books of both the companies and direct billing by intermediaries in the name of appellant companies were arranged.
Coming to the allegation of difference in name in the registration certificates, it is being contended by the appellant that registration certificate is in the name of Shri Sarabjit Singh, Proprietor of M/s. Surya Cable, therefore, Cenvat credit sought to be denied alleging that the supplier of service is not registered with the department.
 
Further with regard to the provision of service from a different address not mentioned in the certificate, it is evident that they have received the service and the service provider too has paid the service tax. So the credit cannot be denied.
 
Reasoning of Judgement: Tribunal has decided on the basis of the fact that the appellant was having a tripartite agreement wherein the intermediary services provided to the appellant used to issue invoices to M/s. Fastway and the appellant has taken Cenvat credit thereof. Later on, the said trade practice was abolished and the intermediary broadcaster has issued direct invoices and the appellant took Cenvat credit. As due to this reason the appellant had to file revised ST-3 returns and take Cenvat credit on the invoices issued by intermediary broadcasters, in this circumstances, the availment of Cenvat credit of services are not in dispute. CESTAT has held that the reliance placed by the adjudicating authority on the original returns is misplaced as once the revised returns are filed, original returns become null and void.
It was further held that Cenvat credit cannot be denied on the ground that the certificate does not have the name of the service provider. In fact, the service provider is M/s. Surya Cables through its proprietor and availment of services and payment thereof is not in dispute, therefore, the Cenvat credit cannot be denied.
Further, denial of Cenvat credit on the ground that M/s. North India Distribution is having these addresses in the invoices other than the address given in the registration certificate is not a reason as it is a fact on record that the appellant has received the services and paid the Service Tax, therefore, the Cenvat credit cannot be denied.
 
Comment:-Tribunal has passed the decision in favour of the appellant stating that the original return shall stand null and void once the revised return is filed. This issue of revised return shall not be a point of litigation in GST regime as the council has not provided the taxpayers with the facility to file revised returns.
 
 Prepared by- CA Akanksha Bohra
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