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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/2012-13/1061

SAD Refund - time limit prescribed by later Notification - whether applicable retrospectively?

Case: OM HOUSE HOLD APPLIANCES P. LTD. V/S C.C. (IMPORT), NAHAVA SHEVA
 
Citation: 2012 (276) E.L.T. 259 (TRI. - MUMBAI)
 
Issue:- SAD Refund- whether time limit prescribed by amending Notification no. 93/2008-Cus applicable retrospectively?
 
Brief Facts:- Appellant had cleared goods against the 4 bills of entry no. 803157, 799361, 775758, 768618, dated 25-04-08, 19-04-08, 4-4-08, and 31-3-08 respectively. The appellant claimed the benefit of Notification no. 102/2007-Cus dated 14-9-2007 and claimed the refund of SAD.
 
The lower Adjudicating Authority rejected the claim of Rs. 5, 56, 000 in respect of bill of entry no. 775758, 768618 on the ground of time bar. Appellant challenged the order before the Commissioner (Appeals). The Commissioner (A) upheld the order of the Adjudicating Authority.
 
Hence, further appeal is filed before the Tribunal.
 
Appellant’s Contention: - Appellant contended that they are eligible for the benefit of Notification no. 102/2007-Cus as at the material time there was no limit prescribed under the Notification. However on 1-08-2008 the Notification no. 102/2007-Cus was amended by the Notification no. 93/2008-Cus and time limit for claiming of SAD Refund was provided. The contention is that they paid the duty on 9-4-2008, 2-4-2008 and filed the refund claim on 21-4-2009. They contended that their claim was well within one year. That the Notification will have prospective effect and not the retrospective effect. In this regard, reliance is placed on judgment in Suchitra Components Ltd v/s Commissioner of Central Excise, Guntur [2007 (208) ELT 321 (SC) wherein it was held that beneficial circular is to be applied retrospectively but oppressive circular is to be given effect prospectively. Reliance is also placed on Audioplus v/s Commissioner of Customs (Imports), Raigad [2011 (264) ELT 516 (Tri-Mumbai) wherein relying on Suchitra it was held that assessee will be entitled for refund if the same is filed within 1 year from the date of issue of Notification deciding the case in assessee’s favour. 
 
Respondent’s Contention:- Revenue contended that Board Circular No. 06/08-Cus dated 28.4.2008 prescribes time limit of 1 year. They relied on decision in Mafatlal Industries Ltd v/s Union of India [1997 (89) ELT 247 (SC) wherein it was held that in every case of refund under Section 11B of the Central Excise Act, 1944 or Section 27 of Customs Act, 1962 will be applicable. The Notification is amended w.e.f. 1-8-2008. The law limitation prevailing at material time there will be applicable to the case.
 
Reliance was also placed on Uttam Steel Ltd v/s Union of India [2003 (158) ELT 274 (Bom) wherein it was held that extension of limitation period does not amount to repeal of old law and enforcement of substantive rights existing on the date when the amended provisions came into force could not be denied by applying Section 6 of the General Clauses Act, 1897. Reliance was also placed on Collector of Central Excise, Jaipur v/s Shree Pratap Commercial Company Pvt Ltd [1987 (31) ELT 603 (Tribunal) and Atma Steels Pvt Ltd and Others v/s Collector of Central Excise, Chandigarh and Others [1984 (71) ELT 331 (Tribunal-LB).  
 
Reasoning of Judgment:- With regard to time limit, the Tribunal noted that if the time limit is reckoned from the date to issue of circular and the date of amending notification. The refund claim filed by appellant is well within 1 year. Reliance was placed on judgment in Suchitra Components Ltd v/s Commissioner of Central Excise, Guntur and Audioplus v/s Commissioner of Customs (Imports), Raigad.
 
With regard to cases cited by Revenue are not relatable to this case. It was noted the there is no doubt that every refund claim has to be as per Section 11B or Section 27 of the Central Excise Act, 1944 and Customs Act, 1962 respectively but in Notification No. 102/2007-Cus where no time limit was prescribed, the same was prescribed only vide amending Notification No. 93/2008-Cus. Therefore, Section 11B is not applicable to the said Notification which is clear from the amendment to the Notification. It was further held that even if the amendment is not to have retrospective effect, it would nevertheless have retroactive effect and in that view of the matter, the case of petitioners would be covered within the amended period of limitation. Appellant are entitled to rebate of duty. Impugned order set aside.    

Decision:- Appeal allowed.
 
Comment:- It is important decision on limitation which says that the amending oppressive notification or circular is prospective in nature and it cannot applied retrospectively. Only the beneficial notification can be applied retrospectively. This has benefited the assesses a lot. But the field formation should accept this proposition.

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