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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/2011-12/1007

Invocation of extended period of limitation

 
Case:  Commissioner of C. Ex, Kolkata-I v/s Web Impression (India) Pvt Ltd

Citation: 2011 (264) ELT 193 (Cal)

Issue: - Whether extended period of limitation can be invoked when the Department had knowledge and there was no suppression?

Brief Facts:-Respondent-assessee were engaged in the activity of printing of gay wrapper which was classified under heading 4823 from 1996 onwards. On 10.09.1996 the Assistant Commissioner had directed respondent to take registration under Central Excise or submit a declaration for exempting from registration as respondent was manufacturing gat wrapper falling under heading 4823. Respondent replied wide letter dated 20.09.1996 explaining the activity of printing on gay wrapper. Then on 24.01.1997, the Assistant Commissioner again wrote a letter to respondent that the gay wrapper is classifiable under Chapter 48 and that the activity undertaken by the respondent amounted to manufacture. Respondent on 14.03.1997, again replied to the Assistant Commissioner. They obtained registration.

Revenue issued show cause notice demanding duty on 06.11.1997 for the period from 20.12.1996 to 31.03.1997 by invoking extended period of limitation on the ground that there was suppression of facts on the part of respondent. The litigation went upto Supreme Court. The Supreme Court remanded the matter to the Tribunal to be heard afresh.

The Tribunal allowed the appeal of the respondent vide judgment dated 11.02.2010 reported at 2010 (257) ELT 568 (Tri-Kol)]. The Tribunal held that the demand was barred by Limitation.

Against this decision, Revenue is in appeal before the High Court.  
 
Appellant’s Contention:  - Revenue contended that on the facts and circumstances of the case the extended period of limitation in proviso of Section 11A of the Central Excise Act, 1944 is applicable. It was also contended that once it was held that there has been suppression with evade to payment of duty the period of five years is automatically attracted.

Reasoning of Judgment:  - The High Court pursued the proviso to Section 11A and held that on plain reading of the same it is clear that there must be amongst other suppression of fact with intent to evade payment of duty on the part of the assessee, meaning thereby on the analysis of the fact, it is found that if there is no scope for any suppression of fact by the assessee the above period of limitation as envisaged in the proviso is not applicable. The ordinary period of limitation of one year has to be followed is the rule and the provision of proviso in a fit case s mentioned therein is an exception. If it is not established by the Revenue that there was suppression on the part of the assessee with an intention to evade duty the said provision cannot be applied.

The High Court further held that to decide the question of limitation is absolutely mixed question of law and on fact. In the present case, the High Court held that the from the facts it was clear that Revenue was aware of the activity undertaken by the respondent as on 10.09.1995 when the respondent had explained their manufacturing process. The Assistant Commissioner had even made an enquiry on 29.09.1996. The Assistant Commissioner had not taken any action immediately. It does not appear that there was any suppression on the part of the respondent, hence quation of evading duty does not arise. Question of invoking extended period of limitation does not arise. Proviso to Section 11A was not applicable. The principle of Section 3 of the Limitation Act is squarely applicable in this case and it has rightly been applied. 

Decision:  - Appeal dismissed.

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