Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

PJ/CASE LAW/2015-16/2976

Regarding admissibility of Refund under Notification no.17/2009-ST

Case-DURHAM SPINTEX & HOLDING P. LTD. Versus COMMR. OF S.T., AHMEDABAD
 
Citation-2015 (40) S.T.R. 565 (Tri. - Ahmd.)
 
Brief Facts-Appeal No. ST/174/2012-SM, filed by M/s. Dhurham Spintex &. Holding Pvt. Ltd., arises out of Order-in-Appeal No. 319/2011 (STC)/K. Anpazhakan/Commr.(A)/Ahd., dated. 21-12-2011, passed by the Commissioner (Appeals-IV), Ahmedabad. The appellant is a merchant exporter of goods holding Service Tax, Registration for discharging its service tax on GTA Service and filed a refund claim for Rs. 18,831/- in terms of Notification No. 17/2009-S.T., dated 7-7-2009 on services used by them for export of goods for the quarter April 2010 to June 2010. The Assistant Commissioner rejected the refund claim on the grounds that the conditions 2(i)(B), 2(i)(F) of Notification No. 17/2009-S.T. were not fulfilled by the claimant besides some services, for which refund claim was claimed, were not covered by the Notification No. 17/2009-S.T. Aggrieved with the Order-in-Original, the appellant filed appeal with the Commissioner (Appeals), who rejected appellant’s appeal vide impugned Order-in-Appeal on the ground that mandatory conditions of the said notification were not complied with by the appellant. The case was listed for hearing on 2-3-2013, 28-5-2013, 4-4-2014 and 16-5-2014. None appeared on behalf of the appellant. On going through the appeal papers, it is observed that the appellant has contended that the conditions 2(i)(B) and 2(i)(F) of Notification No. 17/2009-S.T. were not mandatory conditions, and that substantive benefit of refund could not be denied as the services, for which refund was claimed, were actually used in export of goods.
 
Appelants Contention-None appeared on behalf of the appellant.
 
Respondents Contention-On the other hand, Shri K.J. Kinariwala, ld. AR for the Revenue, argued that the lower authorities have correctly rejected appellant’s refund claim, as the mandatory conditions 2(i)(B) and 2(i)(F) of the said notification were not fulfilled by the appellant. He argued that there were many discrepancies in the refund claim as pointed out in the show cause notice, to which the appellant has not given satisfactory clarification in their reply to SCN. He argued that the appellant had claimed refund of service tax paid on GTA services under CHA service without complying with the conditions mentioned against these services in the Notification No. 17/2009-S.T. He further argued that the appellant sought refund of Business Auxiliary/Support Services, which were not specified services for refund under said Notification No. 17/2009-S.T.
 
Reasoning Of Judgement-Heard the ld. AR and perused the record. It is observed that the appellant had not complied with mandatory conditions 2(i)(B) and 2(i)(F) of the Notification No. 17/2009-S.T. as well as other conditions mentioned against GTA Service and CHA service of the said notification. They also find that Business Auxiliary/Support services were not covered by any entry in the said notification for the purpose of refund. The entire admissibility of refund claim is based on the procedural requirements and submission of reconciliation of documents under Notification No.17/2009-S.T. As appellant has failed to fulfill the procedural requirement, therefore, refund was correctly denied. In view of the above, the appeal is rejected.
 
Decision-Appeal rejected
 
Comment-The substance of the case is that the assessee is herein claiming the refund of service tax paid on the GTA Services interms of Notification No. 17/2009-S.T., dated 7-7-2009 on services used by them for export of goods.The appellant had not complied with mandatory conditions 2(i)(B) and 2(i)(F) of the Notification No. 17/2009-S.T. as well as other conditions mentioned against GTA Service and CHA service of the said notification. Appellant submittedthat such services are used by him in relation to export of goods and accordingly they claim that the substantive benefit i.e. refund could not be denied to them on ground of non fulfilment of procedures.
But Tribunal has not accepted the view of appellant on the ground that Notification No.17/2009-S.T. the entire admissibility of refund claim is based on the procedural requirements and submission of reconciliation of documents. And also the mandatory condition no.2(i)(B) wherein the exporter is required to registered with Export Promotion Council sponsored by the Ministry of Commerce or the Ministry of Textilesand 2(i)(F) where the certification from the exporter to the effect that the service to which the document pertains are used for export of goods and other conditions of GTA and CHA are not fulfilled by the assessee and also the Business Auxiliary/Support services for which the refund have been sought by the assessee were not specified services for refund under Notification No. 17/2009-S.T. And, because of these reasons the refund was correctly denied.
 
Prepared By-Neelam Jain
 

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