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 Laws/2012-12/1019

Registration under Accredited Client programme - validity of eligibility conditions

Case: SHAH PULP & PAPER MILLS LTD. vs. UNION OF INDIA
 
Citation: 2012 (276) E.L.T. 289 (Bom.)
 
Issue:- Exim – Condition of no case of excise and customs for registration under Accredited Client Programme – validity of.
 
Brief Facts:- Petitioner is an importer. He wanted to get registration under accredited client programme. According to the Condition 7(iii) of C.B.E. & C. Circular No. 42/2005-Cus, Dated 24-11-2005 prior to its amendment and after amendment the Petitioner has not fulfilled the above said condition, therefore, was held not eligible to register under accredited client programme.
 
Further, the Petitioner has filed his appeal wherein also it was held that the continued maintenance of a required compliance level is an essential condition for enjoying the benefits of the scheme which the petitioner failed to demonstrate even before the grant of ACP scheme.
 
Pettioner’s Contention:- Since, the Petitioner is required to challenge to the validity of the condition no. 7(iii) of the above said circular. The Petitioner submitted that the condition 7(iii) of the said Circular is in violation of Article 19(1) (g) of the Constitution to carry on business. He, further, submits that booking of cases in against does not result in denial of the ACP scheme/ facility. According to him, the case is to be serious imposing hardship in carrying on business irrespective of the nature of the case. After the Assistant commissioner, the aggrieved Petitioner has approached to the Court. 
 
Respondent’s Contention:- The Assistant Commissioner submitted that Risk Management System seeks to strike an optimal balance between the concerns of facilitation on the one hand and enforcement on the other. Under ACP, registered importers are allowed to clear large number of consignments only on the basis of self assessment basis and filing a declaration without any physical examination. This facility is available to importers who have good track record of compliance with laws not only custom laws, rules and regulations but also includes Exim policy framed by Director General of Foreign Trade and various allied laws which are governed by Custom or other Government department.
 
Reasoning of Judgment:- On 24 Nov, 2005 the Central Board for Excise and Customs issued a Circular through which a major part of accredited client scheme i.e. Risk Management System has been introduced. The main purpose of the programme is to provide the facilitation to those importers who have demonstrated a capacity and willingness to comply with laws of Customs as applicable. According to this programme, the importer who has registered in the scheme is entitled to clear his goods on self assessment basis and by filing a declaration except where intelligence is required. This benefit is given to importers who have a track record of high compliance of laws. An importer who has not registered under ACP then he would clear goods on the basis of normal procedure.
 
According to originally introduced condition 7(iii) of the above said circular, importer will be eligible for registration ACP only when there is no case booked against him under Customs, Central Excise or Service tax in the previous three financial years. In case, cases are booked against him atleast show cause notice should be there. After amendment in the same on 20.08.2010, cases means in the condition as cases of the nature of evasion of duty, misdeclaration, misstatement, willful suppression and fraudulent intention or the like. Thus, the condition which has been imposed in paragraph 7(iii) are not regarded as arbitrary and bears sufficiently nexus with this object.
 
In case of show cause notice issued, Jurisdictional Authority is entitled to call for relevant disclosure from importers pertaining to show cause issued, orders in original and current status of case. Instead of approaching high court the Petitioner/importer may respond to it by disclosing all relevant information C.B.E. & C. Circular No. 42/2005-Cus. dated 24-11-2005
 
Decision:- Petition dismissed.

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