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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/2011-12/1563

Cenvat Credit - admisibility of when job-worker paid duty even though eligible for Exemption u/Notf No. 8/2005-ST - stay granted

Case: M/s RAYMOND UCO DENIM PVT LTD. Vs. COMMISSIONER OF CENTRAL EXCISE, NAGPUR
 
Citation: 2012-TIOL-272-CESTAT-MUM
 
Issue:- Service tax paid by job worker who was eligible for availing exemption under Notification No. 8/2005-ST but did not avail the same – admissibility of credit credit when no action taken by Revenue – prima facie, matter in favour of assessee.
 
Whether credit is available for service tax paid on courier service employed for transportation of ‘samples’ to various customers? – no evidence produced showing courier expenses part of price of samples – pre-deposit ordered.
 
Brief Facts:- The demand of Rs. 395771/- is confirmed against the Applicant in respect of Cenvat credit of service tax paid by job work. The demand of duty is on the ground that as per Notification no.08/2005-ST, the job worker is not required to pay service tax on the process undertaken by them. So, as the job worker has wrongly paid the service tax the applicants are not entitled to take credit. The Revenue has accepted the duty paid by the job worker and no proceedings were initiated against the job worker. The demand of Rs.9416769/- is confirmed after denying the credit of service tax paid on Courier services used for transportation of samples of finished goods from the place of removal to buyer premises.
 
Applicants filed this application for waiver of pre-deposit of duty of Rs.9812540/-, interest and penalty.
 
Appellant’s Contention:- The contention of the applicants is that the applicants are manufacturing certain qualities/ types of denim fabrics which were sent to various customers as samples through couriers. The contention is that as the samples were cleared on payment of appropriate duty which have been sent through courier services therefore, the courier service received is in or in relation to their final product.
 
They also submitted the show cause notice was issued demanding duty for the period 1.1.2005 to 31.8.2009.The contention is that they were regularly returns showing taking credit of service tax paid on courier services. The show cause notice is issued by invoking extended period of limitation on the ground of suppression of facts with intent to evade payment of duty. As the applicants were filing regularly returns for taking credit of service tax paid on courier services and also showing utilisation of credit, therefore, the allegation of suppression with intent to evade payment of duty is not sustainable.
 
Respondent’s Contention:- The contention of the revenue is that some period of dispute is within the normal of limitation. It is also submitted that the place of removal as defined under sec.4 of the Central Excise Act, 1994 is a factory or any other place of production of goods and in the present case, the courier service is received after the clearance of goods from the factory gate therefore, the service relates to post clearance of the samples and nothing to do with the manufacture of samples. Therefore, the credit was rightly denied.
 
Reasoning of Judgment:- The Tribunal noted that the Punjab & Haryana High Court in the case of GUJARAT AMBUJA CEMENT VS. CCE reported in 2009(236)ELT 431 held that the credit of service tax on outward freight is admissible if the same is part of price of goods. In the present case, the applicants had not produced any evidence tp show that the courier expenses are part of the price of the samples. Taking into account the facts and circumstances of the case and also the arguments on the issue of limitation, the applicants are directed to deposit an amount of Rs. 10 lakhs within a period of 8 weeks. On deposit of the aforesaid amount, pre-deposit of the remaining amount of duty, interest and penalty is waived and recovery therefore is stayed during the pendency of the appeal.
 
Decision:- Application disposed off accordingly. 

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