Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/Case Laws/2011-12/1573

Refund claim - date of submission of claim -reg.

Case: COMMISSIONER OF C. EX., NOIDA V/s KOHINOOR ENTERPRISES
 
Citation: 2012 (25) S.T.R. 302 (Tri.-Del.)
 
Issue:- Refund claim – whether allowable to assessee when claim actually made within time limit of one year on 31.12.2004 but was resubmitted on 28.02.2005 but by typographical error date entered as 13.9.05?
 
Brief Facts: -The respondents are engaged in the manufacture of Home furnishings falling under Chapter 94 of the Central Excise Tariff Act, 1985. They filed refund claim of Rs. 277015/- with the adjudicating authority in accordance with the provision of Rule 5 of the Cenvat Credit Rules, 2004 for refund of unutilized cenvat credit availed by him on inputs/input services during the period from 1.6.04 to 16.6.04 used in the manufacture of finished goods which were exported under the relevant Bills of Lading dated 10.7.04 to 19.7.04. The adjudicating authority vide his order dated 19.6.08 sanctioned the cash refund of Rs. 277015/- to the respondents. Aggrieved by the said refund claim, Revenue filed appeal before the Commissioner (Appeals) on the ground that the refund was hit by limitation of one year inasmuch as , the cenvat credit was availed during the period 1.6.04 to 16.6.04 whereas the claim was filed by the respondents on 13.9.05.
 
Appellant’s Contention: - The appellant asserted that the said refund claim was filed with the Superintendent and was received by the Deputy Commissioner on 30-9-05. It is their contention that the date of receipt of the refund in the office of Deputy Commissioner should be taken into consideration. That they accepts that the original refund claim was filed in the Division office on 30-1-04 but their contention is that the same only bears initial of some person without any mention of name or designation of the said person nor it has stamp of Division office. As such they cannot be held that the refund claim bears the acknowledgement of the Division.
 
Respondent’s Contention: - The respondentcontended that 13-9-05 was a typographical error whereas the refund claim was actually filed with the jurisdiction Deputy Commissioner on 31-12-2004. Vide his office letter dated 13-1-05, the Deputy Commissioner directed them to resubmit the claim along with the relevant documents. Such claim was submitted by them on 28-2-05 in the Range office after removing the objection raised by the Deputy Commissioner. As such, they contended that original claim filed on 31-12-2004 was within limitation period even the resubmitted claim was filed on 28-2-2005 whereas even according to the Revenue, the last date of filing claim was 30-6-05.
 
Reasoning of Judgment: -The Hon’ble Tribunal held that he has perused the copy of relevant refund application dated 31.12.04 for Rs. 277015/- as produced by the respondents and find that the same was duly acknowledged by the office of the Deputy Commissioner, Central Excise, Division III Noida on the same date i.e. 31-12-2004. Besides they have perused the copy of the letter C. No. V(18)Ref/Inst/N.III/632/04/296, dated 13-1-2005 of the Deputy Commissioner, Central Excise Division-III, Ghaziabad vide which the respondents were required to resubmit their above refund application along with the certain documents viz final proof of shipment of goods/certificate by the customs authorities on the back of ARE-I. The claim along with requisite documents as aforesaid was resubmitted to the Deputy Commissioner by the respondents vide their letter dated 28-2-2005. The perusal of the Deputy Commissioner's above letter dated 13-1-05 and the respondent's letter dated 28-2-05 (acknowledged by the department on 9-3-05) reveal that date of receipt of the said refund claim is 31-12-04. Further with regard to the said refund claim of Rs. 2,77,015/-, the table given in the said letter dated 13-1-05 of the Deputy Commissioner, Central Excise Division III Noida clearly mentions date of receiving to this office 31-12-04. These facts lead to the conclusion that the actual date of filing the refund claim is 31-12-04 and accordingly, the same has been filed by the respondents well within the stipulated period of one year under Section 11B of Central Excise Act, 1944. Thus it may be mentioned that the date of filing of the refund claim as indicated in para 1 and para 2 of the order in original No. 124 /Ref /N.III/08-09 dated 19-6-08 (vide which the instant refund claim was sanctioned) i.e. 13-9-05 is nothing but a typographical error, as contended by the appellants. Further in the discussion and findings part of the order in original, the adjudicating authority has specifically recorded that the claim has been filed within time limit of one year as prescribed under Section 11B of the Central Excise Act, 1944 and the claim has been found admissible in other respects.

Further they held that that there is no dispute that the original refund claim was filed by the assessee on 31-12-2004 and subsequently resubmitted on 28-2-05. Further they said that the letter dated 13-1-05 written by Deputy Commissioner requiring the respondents to resubmit refund application along with relevant documents is not being doubted by the revenue in the Memo of appeal. The said letter refers to refund claimed on 13-1-04. If that be so, the genuineness of the refund claim filed on 13-1-04 cannot be doubted and the fact that the same bears the official stamp or signatures or only official receiving the same is irrelevant.
 
Decision: - Appeal rejected.

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