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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/2012-13/1175

Whether an assessee is liable to pay interest on the duty to be paid on non fulfilment of conditions of notification.
CASE: - COMMISSIONER OF CUSTOMS, BANGLORE-I V/S WIPRO LTD. (INFO TECH GROUP)
CITATION:-  2012 (280) E.L.T 174 (KAR.)
ISSUE: - Whether an assessee is liable to pay interest on the duty to be paid on non fulfilment of conditions of notification.
BRIEF FACTS: - This appeal is filed by the revenue against the order passed by the CESTAT under Section 129B(2) of the Customs Act, 1962, rectifying the mistake of levying of interest. The assessee imported various components during the year 1994-95. The assessee claimed exemption from payment of duty under Notification No. 96/93-Cus., dated 2-3-1993. The assessee did not produce any documentary evidence showing that they have used the aforesaid components in manufacturing of certain items and the same have been exported. Therefore, proceedings were initiated against the assessee claiming duty foregone. After hearing the assessee, the demand was confirmed by the Deputy Commissioner. Appeal preferred against the said order before the commissioner (appeals) came to be dismissed. The appeal to the tribunal also met with the same fate. It is there after an application is filed under section 129B(2) of the act for rectification. Of the mistake apparent from the record in the respect to the final order dated 31-7-2007. The mistake that was pointed out was that the notification no. 96/93 did not enable the revenue for the payment of any interest in terms of the duty foregone in notification no. 96/93. Therefore, the levy of interest as confirmed by the tribunal is an error which is apparent on the face of the record and needs to be rectified. Accepting of the case of the assessee, the tribunal passed the impugned order deleting the interest portion.
The appeal was admitted to consider the following substantial questions of law:
1) Whether the order of the Hon’ble CESTAT is legally sustainable in respect of an amendment  made in Misc. order beyond the period of sex months?
2) Whether the order of CESTAT is legally sustainable in view of erroneous finding and misinterpretation of law?
APPELLANTS CONTENTION:- The learned Counsel for the revenue assailing the impugned order commanded that the Tribunal has virtually reappreciated the entire material on record and has passed the order contrary to the original order which is not permissible while exercising the power under Section 129B(2) of the Act. Therefore, the impugned order requires to be set aside.
REASONING OF JUDGEMENT:-Insofar as the first substantial question of law is concerned, the said question of law is answered by the Apex Court in the case of Sunitadevi Singhania Hospital Trust v. Union of India reported in 2009 (233) E.L.T. 295 (S.C.) as well as the Full Bench judgment in the case of JK Tyre and Industries Ltd. v. Assistant Commissioner of Central Excise, Mysore-II reported in 2011 (266) E.L.T. 163 (Kar.), where it has been held that the limitation of six months prescribed is applicable only if the Tribunal exercise suomotu power. The said period of limitation for disposal of proceedings for rectification is not applicable to application filed by the aggrieved party. In that view of the matter, the said substantial question of law is answered in favour of the assessee and against the revenue.
 Insofar as the second substantial question of law is concerned, in the original order the Tribunal has categorically held that the assessee imported the components claiming benefit of exemption notification. Once the notification benefit is claimed, it is obligatory on the part of the assessee to fulfil the conditions of the exemption notification. When they produce the shipping bills as a proof to show that the imported components have been utilized in the manufacture of the goods which have been exported, there should be proper correlation. The vague statement that all the goods have been utilized for export or research purposes is not sufficient. It is obligatory on the part of the assessee to satisfy the Deputy Commissioner as to how these various components were issued for the manufacture of goods which were exported and also for R & D purposes. When the assessee is availing huge amount of duty exemption they cannot forego it very carelessly in their project. Therefore, the Tribunal held that the assessee has not taken serious efforts to comply with the custom procedure. The tribunal did not find fault with the lower authorities for the confirmation of the duty and interest. Therefore, it is clear that the tribunal took note of the fact that the assessee imported various components claiming exemption under notification no. 96/93, but did not discharge the export obligation to the satisfaction of the authorities. Therefore the assessee is liable to pay duty foregone.
DECISION: - THE APPEAL WAS DISMISED.
Comment:- there are two important decision coming out of this order. Firstly, the amendment can be made by tribunal after the period of six months if the aggrieved party files the appeal. But it cannot be done by CESTAT at its own. Since, the misc application was filed by party. Hence the order passed by tribunal is proper.
The second issue is answered is against the assessee that when the duty is confirmed then interest is payable. However, we have come across a latest decision recently, wherein it was held that when duty is not payable but it has been paid by the assessee then interest is not payable at all.  
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