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/2014-15/2550

Refund claim should not be denied if sufficient co-relation established.

Case:-  DEVESH AGRIEXIM PVT. LTD. VERSUS COMMISSIONER OF SERVICE TAX, MUMBAI-I
 
Citation:-2014 (36) S.T.R. 1116 (Tri. - Mumbai)

 
Brief facts:- This is an appeal filed against the rejection of refund claim under Notification No. 41/2007-S.T., dated 16-10-2007. An amount of Rs. 25,226/- was rejected relating to Port Service on the ground that the appellants have used only the Bill of Lading and not the copy of the invoice. Ld. Counsel states that initially the claim was rejected on the ground that M/s. APL (India) Pvt. Ltd. is not registered with the Service Tax department. At the Commissioner (Appeals)’ stage, they produced the registration certificate and thereafter the Commissioner (Appeals) has allowed the refund relating to Port Service in respect of number of invoices. However, in respect of one case, the appellants have produced the copy of the Bill of Lading and not the copy of the invoice. In view of this fact, the Commissioner (Appeals) disallowed the claim. In fact, the handling services was done by M/s. APL (I) Pvt. Ltd., on behalf of M/s. MPRS Shipping & Logistics Pvt. Ltd., and M/s. APL (I) Pvt. Ltd. placed invoice in the name of M/s. MPRS Shipping & Logistics Pvt. Ltd., indicating service tax amount of Rs. 13,645/-. M/s. MPRS Shipping & Logistics Pvt. Ltd., thereafter issued invoice in the name of the appellants and charged the same amount. The Commissioner (Appeals) has taken a view that M/s. MPRS Shipping & Logistics Pvt. Ltd. is not authorized by the Port authority to carry out the handling activity and therefore they cannot issue the invoice relating to Port Service.
 
Appellant’s contention:-The Ld. counsel contended that now they produced invoices. Relating to GTA service Ld. Counsel submits that they will try to contact CHA to get the lorry receipt and also it will be possible for them to co-relate the bills with the goods exported under Shipping Bill.

Respondent’s contention:- The ld. AR for the respondent reiterates the findings in the impugned order.

Reasoning of judgment:- They have considered the submissions. The Bill of Lading is not a proper document for either payment or availment of service tax. However, the appellants have now produced invoices. The said invoices were not produced either before the original authority or the Commissioner (Appeals). In this regard, the matter is therefore remanded to the original authority to examine the case. As far as the invoice is concerned, they find that there is no dispute about the fact that the goods were exported. Port services are availed and while availing the Port services the service tax was paid. The fact that M/s. MPRS Shipping & Logistics Pvt. Ltd. is not authorized is not relevant as the said service was originally provided by M/s. APL (India) Pvt. Ltd. In view of the said position, the refund claim amounting to Rs. 13,645/- is allowed.
In respect of the refund claim amounting to Rs. 67,747/- relating to GTA service, the appellants’ claim is that they have not engaged any transporters for the same but entrusted the whole job to Custom House Agents. The CHA in turn has raised the bills for the transportation charges and as receiver of the said service they have in turn paid the service tax to the Government Account. The objection of the department is that the appellants have not produced lorry receipt and in the invoice the details are not mentioned and it is difficult to co-relate. However, the ld. Counsel submits that they will try to contact CHA to get the lorry receipt and also it will be possible for them to co-relate the bills with the goods exported under Shipping Bill. Since the ld. Counsel undertakes to produce the lorry receipt and make attempt to co-relate the bills with the goods exported, the matter is remanded to the original authority who can examine on the basis of the documents if produced. These documents will be produced by the appellants within a period of two months failing which it will be presumed that they are not in a position to produce the same.
The appeal is allowed in the above terms.
 
Decision:-Appeal allowed by way of remand.

Comment:-The substance of the case is that although the refund can be granted on the taxable services which is used by exporter for export of goods as per notification no. 41/2012-ST on submission of original invoice issued by the service provider but even in the absence of invoice issued by the service provider, the refund claim may be granted if sufficient co-relation is established by the assessee that the said services were used for the purpose of export of goods.

Prepared by:- Monika Tak
 
 
 

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