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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/2011-12/1303

Extended period of Limitation - Invocation of

Case: RAJASTHAN STATE WAREHOUSING CORP. v/s COMMR. OF C. EX., JAIPUR
 
Citation: 2011 (23) S.T.R. 385 (Tri- Chennai.)
 
Issue:- Extended period cannot be invoked when the point is not raised in previous audit and PSU asseessee has started paying service tax henceforth.
 
Brief Facts:- Appellant is a public sector undertaking engaged in the business of warehousing fertilizer and other items. They were registered with Service Tax Authorities for payment of tax on “storage and warehousing” charges. During examination of records of Appellant during audit conducted by service tax authorities, it was observed that the appellant were recovering supervising charges from their customers. These charges were being collected by them from their customers at a certain percentage of handling and transportation charges for which they were raising bills to their customers. They were paying such handling and transportation charges to the handling and transportation contractors appointed by them.
 
Department alleged that the service provided by appellant of Handling and Transportation with supervision would fall under “Cargo Handling Service”. As soon as the issue was pointed out to them, appellant started paying tax on such services.
 
Afterwards, Show Cause Notice was issued to the appellant demanding tax on “Cargo Handling Service” rendered during the past, invoking the extended period of time specified in Section 73 of Finance Act, 1994.
 
The Adjudicating Authority confirmed the demand of service tax with interest and also imposed penalties under Sections 76 and 78 of the Finance Act, 1994.
 
Now, the matter is before the Tribunal.
 
Appellant’s Contention:- Appellant contended that they could never understand that they were a “cargo handling agency” because they are in the business of warehousing of goods for which they were already paying service tax. This was a service provided by the contractors and the charges were recovered from the customers who use such services. But as a corporation owned by the State Government they did not want to enter into dispute on this issue with the Union of India and as soon as the issue was pointed out to them they have started paying tax for the charges collected by them and paid to their contractor who was providing the service. In this proceeding they were not contesting the merits of the issue. Their only contest was that they had no intention of evading any tax. Since there was no intention to evade tax, the demand invoking extended period of time is not maintainable.
 
Reasoning of Judgment:- The Tribunal held that the fact that audit by the department on previous occasions did not point out this issue though they were collecting charges during such period. They were satisfied that the appellant did not have any intention to evade impugned tax. Therefore the demand will be sustainable only to the extent of demand covered by normal period of time of one year. Interest under Section 75 is to be paid on the sustainable portion of demand. Penalty under Section 76 will be maintainable in respect of period within normal period. Penalty under Section 78 will not be maintainable.
 
Decision:- Appeal disposed off.
 
Comment:- This is very important point that the extended period cannot be invoked when all the transactions are recorded in the books and audit is being conducted by the department from time to time. Normally, the department invokes extended period when audit para is raised. They do not see that the point was not raised in previous audit although the transactions were recorded in Balance sheet. But there is change in definitions now. The penal provision is proposed when pointed out by audit even though the transactions are recorded in books of account. These new provisions have come from this budget only. Let us see the interpretation of the same in times to come. 

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