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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/2011-12/1327

Computation of Quantum of Redemption Fine

Case: Commissioner of Customs, Mumbai v/s Mansi Impex
 
Citation: 2011 (270) E.L.T. 631 (S.C.)
 
Issue:- Quantum of redemption fine – always depends on determination of market price of goods confiscated.
 
Reduction of redemption fine and penalty – Tribunal has to give proper and cogent reasons for the same. 
 
Brief Facts:- Respondent had imported rough marble blocks without any licence and, therefore, their goods which were sought to be imported illegally without valid licence were confiscated with option to redeem the goods on payment of different amounts of fine and penalties. The question raised was regarding what will be the redemption fine payable, if any. The Commissioner considered the question and thereafter imposed redemption fine in lieu of confiscation and also penalty in term of provision of Section 125 and 112 of the Customs Act, 1962 respectively.
 
In appeal, The Tribunal reduced the quantum of redemption fine and also the amount of penalty. The judgment is reported at [2003 (160) E.L.T. 632 (Tri.- Mumbai)]. Revenue filed appeal before the High Court. The High Court rejected the appeal on the ground that no question of law arises.
 
Hence, Revenue is in appeal before the Supreme Court.
 
Appellant’s Contention:- Revenue contended that the Tribunal was not justified in reducing the amount of redemption fine imposed on the parties as also the quantum of penalty imposed, without giving strong and cogent reasons for differing with the order of Commissioner. 
 
Respondent’s Contention:- Respondent-assessee contended that since the Tribunal has exercised the discretion as vested on it, there should not be any interference with the impugned judgment and order passed by the Tribunal as also by the High Court. 
 
Reasoning of Judgment:- The Supreme Court perused the provisions of Section 125 which provides for “Option to pay fine in lieu of confiscation” and Section 112 of the Act deals with the provision of imposition of penalty for improper importation of goods.
 
It was noted that from records it appeared that the Commissioner had imposed redemption fine in lieu of confiscation without making any market enquiry and survey regarding the market price of the goods confiscated at the relevant point of time. It was held that the quantum of redemption fine which could be imposed is always dependent on the determination of the market price of the goods confiscated. In the case where not even a sample market survey was done for determining the market price of goods, it could not have been possible for the Commissioner to arrive at a legally justified and correct quantum of redemption fine to be imposed. Any such determination would also be without following the procedure prescribed under the Act.
  
It was further held that the quantum of the redemption fine would depend upon the facts and circumstances of the each case. In the present case importer (Respondent) although were experienced person and well versed in the policies and procedure in regards to the import and export brought certain goods in the question without a license, which was a prerequisite under the law. The issue whether absolute waiver or any waiver of redemption fine and also of fine would be justified, are required to be considered on the basis of facts of each case.
 
It was further held that the Tribunal is required to give proper, valid and cogent reasons for passing order with regard to the quantum of redemption fine as also the penalty. Accordingly, matter remanded to the Tribunal.
 
Decision:- Appeal partly allowed.
 
Comment:- It is very important decision which says that the quantum of fine will depend on the market price of the goods and the survey should be done by the department for the same. But this procedure is normally not followed by the department.

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