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 Law/2013-14/2113

Issue:- Whether filing necessary details of input service after export can be treated as sufficient compliance for claiming refund of service tax?
Case:- TACO FAURCIA DESIGN CENTER P LTD & FAURECIA TECHNOLOGY CENTRE INDIA P LTD Vs COMMISSIONER OF CENTRAL EXCISE, PUNE-III

Citation:- 2014-TIOL-318-CESTAT-MUM

 
Brief facts:- The appellant was in appeal against the impugned order for denial of their rebate claim of input services used by them for export of services along with an application for condonation of delay.
 
The reasons for causing the delay in filing the appeal against the impugned order were that the appellant filed composite appeal but they were required to file three appeals as the impugned order contained three Order-in-Original. As the main appeal had been filed in time, and consequently on pointing out by the Registry, they filed these appeals, therefore delay was condoned.

The brief facts of the case were that appellant were service provider of consulting engineering service which ultimately exported by them. To provide the said service, the appellant used certain input service. After export of services for the period September 2004 to August 2005, the appellant filed rebate claim of the input service received by them as per Notification 12/05. The said rebate claim were rejected on the premise that the appellant had contravened the condition of the said Notification, as they were not registered with the department prior to export and they had not filed their service tax returns before the department. Lastly, their claim of refund was barred by limitation. Aggrieved from the said order, appellant was before Tribunal.
 
Appellant’s contentions:- The ld. CA appearing on behalf of the appellant submitted that as per Notification 12/05 the appellant were required to file a declaration prior to export of taxable services. The description, quantity, value, rate of duty and amount of duty payable on input services actually required to be used in providing taxable service to be exported. Admittedly, this condition could not be fulfilled by the appellant. In support of this contention, they relied on the decision of Wipro Ltd. 2013 (29) STR 545 =  (2013-TIOL-119-HC-DEL-ST) and submitted that this condition could not be fulfilled before actual export of service, therefore the Hon'ble High Court held that this condition was not required to be fulfilled. With regard to the registration, he submitted that as per Section 69 of the Finance Act, 1994 the assessee who was required to pay service tax was required to obtain registration. Admittedly, they were not providing taxable service that was exempted. Therefore, registration was not required. Consequently, they were not required to file service tax returns. On the issue of time bar, he submitted that as it was a case of export of service and as per Notification 12/05 export was complete when the remuneration of the exported service had been received in convertible foreign exchange. Therefore, the date of which they received the remuneration towards the services exported was to be the date of providing the service. To support this contention, he relied on CCE vs. Eaton Industries P. Ltd. 2011 (22) STR 223 = (2011-TIOL-166-CESTAT-MUM).
 
Respondent’s contentions:- On the other hand, ld. AR opposed the contention of the consultant and submitted that the condition of the Notification were to be complied with. He also submitted that the date when the services were exported and invoice had been issued for the same, therefore same may be treated as date of export. Accordingly, their some of the rebate claim were barred by limitation and as they had failed to comply with the condition to Notification 12/05 therefore, their refund claims were to be rejected.
 
Reasoning of judgment:- In the case, rebate claim had been rejected firstly on the premise that the appellant had failed to fulfill the procedure laid down as per Notification 12/05. The issue of fulfilling the procedure laid down in the Notification 12/05 came before the Hon'ble high Court in the case of Wipro Ltd. (supra) wherein the Hon'ble High Court held that filing of declaration after date of export of service was not such non-compliance as to disentitle exporter from rebate. Nature of services was they were rendering service on continuous basis without any commencement or terminal point, and it was difficult to complete with the requirement "prior" to the date of export, except for the description of services. It was further held that if particular declarations were furnished with the service tax authorities along with documentary evidence were found to be correct, object of filing of declaration would be satisfied.

In these circumstances, as the appellant had filed all the necessary details of input service even after export were to be treated as in compliance of Notification 12/05. Accordingly, on this ground they were entitled to refund claim. Further, Hon’ble Judge found that rebate claim was denied on the ground that they had not taken the registration. The issue came up before this Tribunal in Textech International P. Ltd. 2011 (21) STR 289 =  (2010-TIOL-1800-CESTAT-MAD) wherein this Tribunal held that as per Section 69 of the Finance Act, 1994 a person who was liable for paying service tax was required to apply for registration. Admittedly, the appellant was although providing taxable service but the same was exempted therefore, they were not required to pay service tax, registration was not required. As the appellant was not required to pay service tax, therefore, they were not required to file service tax returns. Further, on the issue of limitation, the issue came up before this Tribunal in Eaton Industries (supra) wherein the relevant date for filing refund in the case of export of service was in the date of receipt of payment of the exported service.

In these circumstances, he held that rebate claim filed by the appellant were within limitation. On merits also, the appellant were entitled for refund.
In view of the above findings, the impugned order was set aside and appeals were allowed with consequential relief, if any.

Decision:- Appeal allowed.

Comment:- The analogy drawn from the case is that if particular declarations that were required to be furnished before actual export were furnished with the service tax authorities along with documentary evidence after export and were found to be correct, the object of filing of declaration would be satisfied and be treated as compliance of the condition of the Notification 12/05. Moreover, it was also concluded that the relevant date for filing refund claim in the case of export of service was the date of receipt of payment for the exported service. Hence, the refund claim was within the limitation period and was allowed on merits

 
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