Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

PJ/Case Laws/2011-12/1276

Debit entry of duty made twice – second entry corrected in the same month in RG 23 A Part-II – whether such correction amount to suo motu taking refund or merely recifying clerical mistake.
 
Case: S. SUBHRAMANYAM & CO. v/s COMMISSIONER of C. Ex., VADODARA
 
Citation: 2011 (268) E.L.T. 497 (Tri. – Ahmd.)

Issue:- Debit entry of duty made twice – second entry corrected in the same month in RG 23 A Part-II – whether such correction amount to suo motu taking refund or merely recifying clerical mistake.

Brief Facts:- Appellants are engaged in the manufacture of Pre-stressed Mono-block Concrete Sleepers for Railways. The said goods were cleared by them to the Railways under the cover of thirty different invoices dur­ing the period 2-4-07 to 13-4-07, on payment of duty of Rs. 3,58,052/- and VAT @ 3%. However on realizing that VAT was required if charged @ 12.5% instead of 3%, they raised a supplementary invoice No. 655 dated 14-2-05 for differ­ential amount of VAT. While doing so, they inadvertently again included the amount of ex­cise duty already paid to the tune of Rs. 3,58,052/-. The same was debited in their cenvat register on 31-12-07 vide entry No. 474. However on realizing that duty was already paid by them, they corrected the said entry before arriving at the correct figure of closing balance of cenvat credit in their cenvat register. Ac­cordingly before filing a copy of the RG 23A Part-II before the Jurisdictional Cen­tral Excise Authorities, they corrected the figures of total "debits" and balance credit in the summary part of the cenvat register relating to the month of Decem­ber 2007.
 
By treating the said correction as a suo-motu credit, proceedings were initiated against the appellant by way of issuance of a show cause notice dated 29-8-08 alleging that instead of taking such refund on their own, they should have filed a refund application.

The show cause notice was dropped by the Adjudicating Authority. Revenue filed appeal which was accepted by Commissioner (Appeals).
 
Hence, appellant is before the Tribunal.

Reasoning of the Judgment:-The Tribunal perusedthe supplementary invoice raised by appellant and the extract of RG 23A Part-II for the relevant period. Admittedly the duty was debited two times in the said register. However instead of cutting and overwriting the said second time debit entry, appellant debited the second time paid duty from the sum total of the credit available and arrived at the correct figure in their RG 23A Part-II, at the end of the month itself. Such corrected RG 23A Part-II was submitted before the authorities along with the returns required to be filed by the assessee.

As such it can be clearly seen that the said correction was only rectify­ing the clerical mistake, result of the arithmetical errors. It was held that where the en­tries are made incorrectly and there is no dispute about the same, correction of such entries is only arithmetical, not requiring any /is between the parties.

It was held that to take a technical view that even in such cases where admitted wrong entries are made and are rectified immediately thereafter, an assessee is required to file re­fund application is to shake the assessee's faith in the judicial system. Reliance by Commissioner (Appeals) on the Larger Bench decision of the Tribunal in the case of BDH Industries Ltd. [2008 (229) E.L.T. 364 (Tri-LB)] is not appropri­ate in as much as in the present case the mistake was rectified immediately in the same month, before filing the RG 23A Part-II copy with the authorities, showing the correct quantum of modvat credit available with the appellant. Impugned order set aside.

 
Decision:- Appeal allowed.
 

Comments: - If any rectification is done in the credit register i.e RG 23 A PART II, it is to be done only after intimating the department and following the procedure, in the given case, since duty liability was not affected as the correction was done in the same month, the decision was given in the favour of assessee.

 
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