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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.
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PJ/Case Laws/2011-12/1457

Refund of 4% SAD – when in invoice SAD shown as Nil but no endorsement made that incidence of duty not passed on – refund allowable.

Case: RUCHI ACRONI INDUSTRIES LTD. Versus COMMR. OF CUS. (IMPORT), MUMBAI
 
Citation: 2011 (272) E.L.T. 287 (Tri. - Mumbai)
 
Issue:- Refund of 4% SAD – when in invoice SAD shown as Nil but no endorsement made that incidence of duty not passed on – refund allowable.
 
Brief Facts:- Appellants had initially paid 4% SAD at the time of import. Thereafter, they cleared the goods on payment of VAT and filed a refund claim in terms of Notification No. 102/07-Cus of 4% SAD paid by them. The refund claim was rejected on the ground that the appellants have not made endorsement on the invoices as per condition 2(b) of the said Notifica­tion by the lower authorities.
 
Aggrieved by the said order, appellant is in appeal before the Tribunal.
 
Reasoning of Judgment:- The Tribunal found that while issuing the invoice the appellants have clearly shown in the invoice the SAD as zero which clearly shows that the incidence of SAD has not been passed on the buyer as the buyer can take the credit of the duty shown in the in­voice. In this case when SAD has shown zero no credit can be taken by the buyer. It is true that appellants have not made the endorsement on the invoice but it is clear from the face of the invoice that there is no SAD shown. The Tribunal relied on the deci­sion of the Apex Court in the case of Malwa Industries [2009 (235) E.L.T. 214 (S.C.)] wherein it was held that exemption Notification should be read liber­ally. Particularly, in this case showing SAD was shown nil in the invoice, the appel­lants have complied the condition of 2(b) of the Notification.
 
Further reliance was placed on judgment in the case of Equinox Solution Ltd. v. CCE wherein this Tribunal vide Order No. A/649-651/SMB/C­IV/10 dated 8-12-10 on similar facts, this Tribunal has already held the purpose of the said Notification is that importer should not suffer SAD on the goods im­ported by them which have been imported for the purpose of resale and the proper ST/CST/VAT has been paid of the goods imported. It was noted that SAD is to be paid by the importers as precaution measure to ascertain whether ST/CST/VAT has been discharged by the assessee or not. In this case, it has been clarified whether ST/CST/VAT has been paid by the appellants which enables the appellants to take refund of SAD paid by them. There is also a condition in the Notification that the incidence of SAD should not be passed on the buyer and endorsement should be made to the effect on the invoice.
 
It was held that it is clear that no SAD is shown in the invoice which amounts that the endorsement as per condition 2(b) of the Notification has been made by the appellants and as held in the case of Equinox Solution, the appellants are entitled for refund claim.
 
Decision:- Appeal allowed with consequential relief. 

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