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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/2012-13/1197

Mere filing of appeal in Apex Court does not mean that the order of CESAT is not binding.
Case:-MARICO LTD.  VERSUS UNION OF INDIA
Citation: -2012(282) E.L.T. 180 (Ker.)
Issue: -Mere filing of appeal in Apex Court does not mean that the order of CESAT is not binding.
Brief fact: - The petitioner is a manufacturer of coconut oil packed and sold in containers up to 200 ml. In this writ petition the petitioner challenges Ext. P8 circular issued by the Central Board of Excise and Customs, Ext. P9 letter issued by the Assistant Commissioner of Central Excise, Palakkad and Ext. P10 (b) show cause notice issued by the Commissioner of Central Excise, Customs and Service Tax, Calicut calling upon the petitioner to show cause why Central Excise duty should not be imposed on them along with penalty and interest. The petitioner challenges Exts. P8, P9 and P10(b) on the ground that in view of the binding decision of the Customs Excise and Service Tax Appellate Tribunal, a copy of which is on record as Ext. P7(b), the coconut oil in containers up to 200 ml manufactured by them is not chargeable with excise duty.
Respondent Contention:-  The respondents have filed a statement contending inter alia that the department has filed Civil Appeal No. 16595 of 2009 in the Apex Court from Ext. P7(b) judgment, that the said appeal has been admitted and that it stands posted for hearing along with other connected appeals. The learned standing counsel appearing for the respondents submits that as Ext. P7(b) judgment has not attained finality, the respondents are entitled to levy and collect excise duty on the goods in question manufactured by the petitioner.
Reasoning of Judgment:  A reading of Ext. P7(b) order indicates that coconut oil packed and sold in packages of capacity up to 500 ml is not liable to be charged with excise duty. The High Court of Gujarat has in Raymon Glues & Chemicals v. Union of India [2000 (117) E.L.T. 29] held that circulars and departmental clarifications issued by the department cannot operate when the field is occupied by a decision rendered by the Appellate Tribunal. A similar view has been taken by the High Court of Bombay in Century Rayon v. Union of India [2002 (142) E.L.T. 319]. In the light of the said decisions, with which I am in respectful agreement, the respondents cannot take the stand that they are entitled to depart from the stand taken by the Tribunal in Ext. P7 (b) order. Further, the Apex Court has not stayed the operation of the order of the Tribunal.
 
The High Court holds that the petitioner cannot be called upon to pay excise duty on the goods manufactured by them falling within the ambit of Ex. P7(b) order. Accordingly High Court dispose of this Writ petition with the direction that right of the parties will be governed by Ext. P7(b) order  subject to the outcome of the appeals filed by the department in the Apex Court. In the event of Apex court reversing the judgement, the right of the parties will be governed by the law laid down by Apex Court.
 
Decision:- Petition Disposed Off
 
Comment:- This is very good decision wherein it is clearly held that when the tribunal has already passed an order in the matter then it is binding on all lower formation. The department cannot contend that they have filed the appeal in Apex Court and hence the decision of tribunal has not attained finality and hence is not binding. Mere filing of appeal does not suspend the operation of that order unless the same is stayed or reversed by Higher Court.
 
 
 
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