Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
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.  

Comments

Print   |    |  Comment

PJ/Case law/2013-14/1631

Order passed in less than 24 hours of conducting hearing.

Case:-M/s APEX HOME APPLIANCES Vs COMMISSIONER OF CENTRAL EXCISE, MUMBAI-III
 
Citation:-2013-TIOL-935-CESTAT-MUM

Brief Facts:- This case is depicts the instance of violation of the principles of natural justice. In this case, the Commissioner passed an order in original in less than 24 hours of conducting hearing. Moreover, submissions made by the appellant were not considered and no finding was given in the order in original.

Appellant contention:-Ld. Advocate for the appellants first grievance is that the principles of natural justice have not been followed by the adjudicating authority and the impugned order is non-speaking order, issued in less than 24 hours of conducting the hearing by the adjudicating authority. Ld. Advocate for the appellant stated that in the said case majority of the documents were given on 30/07/2012. The appellants were called for personal hearing on 22.08.2012 and when they sought additional time the same was denied and final hearing was held on 30.08.2012. According to Ld. Advocate the time given was totally insufficient for submitting the reply. In any case, they attended the hearing on 30.08.2012 and submitted the interim reply and further reply was to be submitted. In fact, further submissions were submitted by M/s Apex Inc. & by Apex Industries to the office of Commissioner on 31.08.2012. M/s Sunbeam Home Appliance has filed written submission on 07.09.2012. However, the order-in-original was passed on 31.08.2012 itself and issued on 07.09.2012 without considering the above submissions. The Ld. Advocate stated that number of issues are involved in the appeals. The first issue is relating to clubbing of units and denying the SSI exemption. The second issue is to use the price list dated 5.09.2009 for computing the demand for the period April, 2006 to December, 2011. Moreover, the price list was not indicating the MRP and many goods are to be assessed on MRP. Third issue is the relating to the confirmation of demand in respect of imported goods. It is alleged that MRP declared for payment of CVD is incorrect. The appellant has also received a demand notice from the customs on the same issue. Demand cannot be both from Customs and Excise. Fourth issue is relating to incorrect demand on 8050 Nos. of LPG Gas stoves imported in CKD condition. Here again, the dispute is regarding the MRP taken by the department is as per the price list dated 05.09.2009. Fifth issue is relating to valuation of LPG Stoves supplied to Tamil Nadu Civil Supplies Corporation Ltd.. According to Ld. Advocate, here the value should have been taken under section 4 and not Section 4A. Yet, another issue is relating to the valuation of the LPG Gas Stove supplied and sold through distributors of M/s Bharat Petroleum Corporation Ltd. Here again the department has taken the RSP printed on retail pack sold through BPCL. Further, Ld. Advocate also stated that there are certain goods which are not manufactured by them at all and are purely relating to trading activities, the value of such goods have been included in computing the demand. Ld. Advocate took us through the order passed by the Commissioner wherein the above mentioned issues have been stated. However, there are no findings on the submission made by the appellants. Ld. Advocate stated that Ld. Commissioner ought to have considered submission and given finding either rejecting or accepting the reasons.
 
Respondent Contention:-The respondent reiterated the order-in-original and explained some of the issues mentioned therein.
 
Reasoning of judgment:-Tribunal found that due to clubbing alone the demand would be approximately Rs.88 lakhs. It is observed that when the hearing was held on 30.08.2012 and appellants had asked for sometime, a reasonable time should have been given to them so as to enable them to make further written submissions. We also note from the Order-in-Original that on most of the issues Ld. Commissioner has not given any findings on the appellants' submissions. The Ld. Advocate for the appellant makes an offer of deposit of Rs.50 lakhs within a period of 12 weeks and suggests that the matter can be remanded to the Ld. Commissioner wherein they would explain each and every issue and thereafter Ld. Commissioner can adjudicate the case. Main appellant (M/s Apex Home Appliances) to deposit Rs.50 lakhs in cash within a period of 12 weeks from 22nd April, 2013 and report compliance to the Ld. Commissioner on 12th August, 2013. In the meantime, all the appellants may resubmit their submissions afresh to the Commissioner. Commissioner may thereafter give an opportunity of hearing and decide the matter through a speaking order. It is made clear with the Commissioner would hear the case only after deposit of the above mentioned amount. Further, appellants will not seek adjournments as far as possible and Commissioner would decide the case expeditiously.
 
Decision:-Appeal allowed on conditions.

Comment:-The substance of this case is that any order in original that is passed in haste and without considering the submissions made by the assessee is in gross violation of the principles of the natural justice and is not sustainable.

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