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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 law/3577

M/s M/s. Aadhar Stumbh Township Pvt. Ltd. Versus Commissioner of Central Excise & Central Goods & Service Tax Commissionerate
Issue:-
No Limitation applicable for Refund amount lying with Dept. having the Nature of Revenue Deposit: CESTAT
Brief Facts:-
The appellant is registered with Service-Tax Department and providing services under the category of “Construction Services”, including commercial/industrial building or civil structure, works contract service, etc. The appellant is engaged in executing work for the state government and therefore is eligible for exemption as per Notification No. 25/2012-ST.However, the exemption lapsed w.e.f. April 01, 2015 and consequently, appropriate amount of tax was being deposited by the appellant. Subsequently, the government extended the exemption benefit by making retrospective amendment in the aforesaid Notification. Therefore, refund of tax already deposited was demanded from the revenue authorities in this regard vide refund application sent through speed post. However, they were received back by the appellant with remarks “refused to accept”. Thereafter, refund application was again filed by the appellant as on 05.12.2016. However, after scrutinizing the application, deficiency memo was issued and it was asked to furnish various documents by the appellant. Further, another communication letter was served to the appellant alleging that the refund is time barred.
 
Appellant’s Contention:-
The appellant thus submitted following grounds:
 
The appellant submitted vide letter dated 13.11.2017 that they had claimed refund well within time prescribed u/s 102(3) of Finance Act vide speed post which was however, returned with remarks “refused”.  The Counsel of petitioner further submitted that the present controversy revolves around the address mentioned on the envelope. The issue is not related to dispatch of the refund application and receipt with remark of “refused to accept”. Therefore, it is well known that there was presume service on the department. Therefore, it was argued that the revenue authorities are trying to take advantage of the present situation, thereby denying the refund of the assessee on the grounds of being time barred. Further, it was contended that on account of retrospective amendment in exemption notification, there was no liability on the taxpayer to deposit service tax. Therefore, the amount of tax deposited has taken a character of “revenue deposit”        by operation of law and hence, should be refunded back. Refence was further made to Article 265 of the Constitution of India which provides that “no tax can be levied or collected except by the Authority or Law”.  Reliance was placed on following Judicial Rulings:-
1.     Kujjal Builders Pvt. Ltd. – 2018 (10) GSTL 374 (T-Delhi)
2.     Siemens Engineering & Mfg. Co. of India Ltd. - 1976 AIR 1785, 1976 SCR 489
3.     M/s. Agni Steels Pvt. Ltd. -2021 TIOL 251 CESTAT-Mad.
 
Moreover, it was submitted that as per Madras High Court in the case of M/s 3E Infotech Vs. Commissioner of Customs, Excise and Service Tax – 2018 (7) TMI 276, service tax was paid under misconception and therefore, it was held that claim for refund cannot be held barred by limitation, merely because period of limitation expired.
 
Respondent’s Contention: -
The respondent argued that refund claim is time barred because it is difficult to establish as to at which office the refund application was submitted by the appellant since the service tax division is not clearly visible whether it is 11 or II. Therefore, the refund applications were rejected being time barred.
 
Reasoning Of Judgment:­-
It was stated that as per the facts of the case, it can be sufficiently prove that the appellant had dispatched the refund application by speed post which were returned to the department with remarks “refused”. After observing the facts of the present case, it was held that the refund application is filed within the limitation as prescribed under Section 102(3) of the Finance Act. Further, the service tax deposited has taken the character of revenue deposit, by operation of law. Further, there is violation of Article 265 of the Constitution of India. Therefore, the impugned order was quashed and set aside and it was directed to revenue authorities to grant refund within 45 days from date of receipt of this order.
 
Decision: -
The appeal was allowed and refund was granted to the assessee.
Comments:-
The above judgement has proved to be a silver lining for the business community. It is well known fact that in case amount of tax is paid due to mistake of law, then the period of limitation cannot be attracted. Thus, the taxpayers can apply the same analogy under GST regime and take shelter from various unnecessary litigations and proceedings in this respect.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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