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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.
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.  

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PJ/Case Laws/2012-13/1486

Remanding of case to the original authority by Commissioner Appeals valid on account of genuine reasons.

Case:- COMMISSIONER OF CENTRAL EXCISE, TIRUPATHI Vs M/s OBLIPURAM MINING COMPANY (P) LTD
 
Citation:- 2013-TIOL-274-CESTAT-BANG
 
Brief Facts:- The respondent has claimed refund of service tax paid on their inputs services which were claimed to have been used for export of Iron Ore fines, etc. during the material period. The original authority allowed partly refund and rejected balance claim of refund. Aggrieved by the adverse part of the order-in-original, the party had preferred an appeal to the Commissioner (Appeals) and the latter remanded the case to the lower authority for fresh decision in accordance with the principles of natural justice. Theappellate authority found that the original authority had not given any opportunity to the party to present evidence in support of their refund claim. In the present appeal of the department, the sole ground raised against  the order  of  the Commissioner  (Appeals) is that  the said order  was passed without jurisdiction inasmuch as the appellate authority did not have the power of remand.
 
 
Appellant’s Contentions:- Appellant has reliedon the Hon’ble Supreme Court’s decision in the case of MIL India Ltd. Vs. Commissioner of Central Excise, Noida [2007 (210) E.L.T. 188 (S.C.)]=(2007-TIOL-30-SC-CX) as also the Tribunal’s decision in the case of Commissioner of Central Excise, Tirunelveli vs. Ramesh Enterprises [2011 (21) S.T.R. 603 (Tri.-Chennai)= (2011-TIOL-200-CESTAT-MAD.). The Appellant has also referred to the provisions of Section 85 of the Finance Act, 1994 in the above context.
 
Respondent’s Contentions:- Respondent has endeavoured to support the impugned order.
 
Reasoning of Judgment:-After considering the submissions, Tribunal agree with the appellant that the Commissioner (Appeals) remanded the case to the original authority regardless of the legal position that the Commissioner (Appeals) did not have the power of remand. However, as regards the reasons recorded by the Commissioner (Appeals) for sending the case back to the original authority, we are inclined to agree with the appellate authority. As rightly found by the Commissioner (Appeals), the original authority had not given a reasonable opportunity to the refund-claimant for adducing evidence and other materials in support of the claim for refund. The appellate authority is right in having found that rejection of refund claim without grant of such opportunity to the claimant violated the principles of natural justice. These circumstances have been found by us to be enough for remand of the dispute to the original authority. Accordingly, after setting aside the impugned order, we allow this appeal by way of remand with a request to the original authority to reconsider the respondent's claim for refund and take fresh decision thereon after giving them reasonable opportunity of adducing evidence and being personally heard.
 
Decision:- Appeal allowed by way of Remand.
 
Comment:-The analogy drawn from this case is that even though the Commissioner Appeals do not have power to remand the case back to the adjudicating authority but as the order rejecting refund claim was passed without giving sufficient opportunity of hearing to the assessee which was against the principles of natural justice, remanding was justified.

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