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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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PJ/Case Laws/2012-13/1170

Grounds not taken before adjudication authority cannot be raised first time before appellate authority.
Case:M/S. Cargo Motors (Guj.) Pvt. Ltd. V/s. Commissioner of Customs Excise , Vadodara
 
Citation:2012-TIOL-270-CESTAT-AHM
 
Issue: Grounds not taken before adjudication authority cannot be raised first time before appellate authority.
 
Brief Facts:The assessee is providing various services like- providing finance from various banks, insurance of the vehicles, coating/colour, incentive/labour etc. to his clients as under the category of ‘Business Auxiliary Service’. The assessee has not contested the merit of service tax liability before the first adjudicating authority and only pleaded against imposition of penalties under section 76, 77 and 78 of the Finance Act, 1994 and therefore, taking up the issue on merits of service tax liability before the subsequent appellate authority will be incorrect position of law. Thus, demand of service tax and interest thereon is confirmed. As regards the imposition of penalties, there are various decisions of the Tribunal which clearly states that services provided by the appellant such as loan from banks, amount received from banks and insurance companies for services rendered cannot be brought within the definition of ‘Business Auxiliary Service’ and thus, this is a fit case to invoke the provisions of section 80 of the Finance Act, 1944 and penalties under section 76, 77 and 78 are set aside.
 
Appellant’s Contention: The appellant submitted that he is providing various services like- providing finance from various banks, insurance of the vehicles, coating/colour, incentive/labour etc. to his clients as under the category of ‘Business Auxiliary Service’. He submitted that the issue is squarely covered by the decision of the Tribunal in the case of Kamal Auto Ind. Vs. CCE, Jaipur, CCE, Belgaum vs. Chadha Auto Agencies -2008-TIOL-1388- CESTAT-MAD and Silicon Honda vs. CCE, Banglore- 2007 (7)-STR 475 (Tri-Bang)= (2007-TIOL-1159-CESTAT-BANG.). Thus, the appellant submitted that this appeal should be allowed in the light of above cited judgments.
 
Respondent’s Contention:The respondent reiterates the findings of the first appellate authority.
 
Reasoning of Judgment: The appellant has not disputed service tax liability before the first appellate authority. They have pleaded against the imposition of penalties under section 76, 77 and 78 of Finance Act, 1944 only and have conceded the issue on merits. On specific query from the counsel submits that the assessee is unable to justify the stand taken by the assessee before the first appellate authority or today before us as regards contest of issue of merits. The appellant has not disputed the issue on merits of service tax liability before the first adjudicating authority and later on taking up the issue on merits of service tax liability before the subsequent appellate authority will be incorrect position of law.
As regards the imposition of penalties, there are various decisions of the Tribunal which clearly states that services provided by the appellant such as loan from banks, amount received from banks and insurance companies for services rendered cannot be brought within the definition of ‘Business Auxiliary Service’ and thus, this is a fit case to invoke the provisions of section 80 of the Finance Act, 1944 and penalties imposed on the appellant under section 76, 77 and 78 are set aside on the basis of the various decisions of the Tribunal holding that the activities provided by the appellant could not have been taxed under the category ‘Business Auxiliary Service’.
 
Decision: The appeal is disposed of by way of allowing the appeals as regards the imposition of penalties are involved and confirming the demand of service tax and interest thereon.
 
Comment:- This is settled principle as well as ratio of this decision that the grounds raised before adjudication officer can be raised before the appellate authority. No new ground can be raised at that stage. Hence the drafting of show cause notice is very important and the consultants as well as assessee should be very particular in doing the same.
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