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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 Law/2013-14/1986

Delay in filing appeal should be condoned on submission of reasonable cause.
Case:- JANTA GLASS LTD. Vs COMMISSIONER OF CENTRAL EXCISE, VADODARA-I

Citation:- 2013 (294) E.L.T. 607 (Tri. - Ahmd.)

Brief facts:- The stay petition was filed for the waiver of pre-deposit of duty of Rs. 11,03,893/-, interest thereof and equal amount of penalty imposed. The above said amounts had been confirmed by the adjudicating authority and upheld by the first appellate authority as an amount of duty from the appellant for reversal of the Cenvat credit availed on the inputs which were lost due to flood. After hearing both sides for sometime on the stay petition, the bench found that the appeal itself could be disposed off as the first appellate authority had rejected the appeal only on the ground of limitation. Accordingly, after allowing the application for the waiver of pre-deposit of the amounts involved, the Bench took up the appeal itself for disposal.
 
Appellant’s contentions:- Learned counsel drew the attention to the findings recorded by the first appellate authority in Para 5.1. He submitted that the first appellate authority had accepted that there was delay of only 30 days and was within condonation period but was not satisfied with the cause and reasons given for condonation of delay. He submitted that appellant, in fact had deposited the entire amount of Cenvat credit and interest thereof considering that they had purchased peace with the department. It was also his submission that appellant was surprised to receive the show cause notice for confirmation of demand and appropriation of the amount already paid and also the appellant was saddled with equivalent penalty under Section 11AC and Rule 15 of Cenvat Credit Rules, 2004. It was his submission that matter should have been disposed by the first appellate authority and should have condoned the delay.
 
Respondent’s contentions:- Learned departmental representative reiterated the findings of the first appellate authority and submitted that the appellant had not given justifiable reasons for condoning the delay.
 
Reasoning of judgment:- On careful consideration of the submissions made by both sides and perusal of record, the Bench found that the first appellate authority, in his impugned order had admitted and accepted that there was delay of only 30 days which could be condoned by him, if there was sufficient cause shown by the appellant. They found that the appellant had given cause as that the person who undertook the Central Excise matters fell seriously ill during 25-6-2011 to 29-6-2011 and due to which the order-in-original could not be pointed out and nor they could take action to file the appeal in time. They further found that the appellant had given the justifiable reasons and made out a case for the condoning the delay. In their view, the first appellate authority should have condoned the delay and should have concluded the issue on merits. Suffice to say, justice should not be denied to the assessee. The Bench found this was a fit case for condoning the delay and remand the matter back to the first appellate authority to reconsider the issue afresh on merits of the case and they did so.
They made it clear that they had not expressed any opinion on the merits of the case, keeping all the issues open for the first appellate authority to consider and come to conclusion. Needless to state that first appellate authority would pass an order after following the principles of natural justice.
 
Decision:- Appeal is allowed by way of remand.
 
Comment:- The analogy drawn from the case is that delay in filling the appeal and that too within the prescribed condonable limit may be condoned if justifiable reasons for the delay have been given by the assessee to meet the ends of justice.
 
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