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 Law /2016-17/3371

Whether delay in filing the appeal before Commissioner (Appeals) can be condoned upto 4 years ?
Case- GENERAL MANAGER, ORDNANCE FACTORY Versus COMMR. OF CUS., MUMBAI
 
Citation- 2016 (342) E.L.T. 255 (Tri. - Mumbai)
 
Brief Facts- The present appeal is against Order-in-Appeal whereby ld. Commissioner (Appeals) rejected the appeal on the ground of delay in filing appeal before him.
Against the Order-in-Original Nos. S/3-25/93 GS 15.12.95//22-8-2000 the appeal was filed before the Commissioner (Appeals) on 2-8-2004 therefore, Commissioner (Appeals) rejected the appeal being time-bar.
Appellant’s Contention- Shri Parag Vyas, ld. Counsel for the appellant submits that Original order was dated 15-12-95 and also dated 22-8-2000 is mentioned. He submits that copy of the order is attested copy whereas it is not signed by the Asstt. Commissioner as on 15-12-2005 and therefore, it is not order which was appealable. Therefore, the ld. Commissioner should not have dismissed the appeal on the ground of time-bar. He further submits that appellant is Government of India factory under Ministry of Defence for this reason also demand confirmed is not leviable.
Respondent’s Contention- Shri Chatru Singh, ld. Asstt. Commissioner (AR) appearing on behalf of the Revenue reiterates the findings of the impugned order. He further submits that it is clear from the Order-in-Original that the same was passed on 15-12-1995 thereafter attested copy was issued to the appellant on 22-8-2000 therefore, though the copy of the order bears both the dates, as regard the signing of the order, whenever a copy of the order is issued it is shown as signed by the authority and attested by the officer issuing the copy therefore, there is no dispute that the order was passed and attested copy of the same was provided to the appellant. Therefore, appeal filed in the year 2004 is time-bar and the Commissioner (Appeals) has no power to condone the delay over and above prescribed time limit.
Reasoning of Judgement- The Hon’ble authority have carefully considered the submissions made by both sides and perused the record. They find that fact is not under dispute that order-in-original against which the appellant filed an appeal before the Commissioner (Appeals) was passed on 15-12-1995. The Attested Order copy against which appeal was filed appears to be issued on 22-8-2000, the appeal before the Commissioner (Appeals) was filed on 2-8-2004 therefore, there is clear delay of around four years from the date of issue of even attested copy of the order. The submission of the ld. Counsel that the order is not signed does not hold water for the reason that it is attested copy issued by the department wherein it is clearly mentioned that it is copy of the signed order, secondly if there is dispute impugned order that cannot be raised for dealing with the time in filing appeal before the Commissioner (Appeals). As regard the submission being Government factory there should not be levy of duty is subject matter of the merit of the case, which cannot be raised when the appeal itself is not maintainable being time-bar before the Commissioner (Appeals). As per our above discussion, no substance is found in the appeal therefore, order passed by the Commissioner (Appeals) is legal and proper which does not require any interference, we therefore, uphold the impugned order and dismiss the appeal of the appellant.
Decision-  Appeal dismissed.
Comment- The gist of the case is that there is a clear delay of approximately four years from the date of issue of order in filing the appeal against Commissioner (Appeals). But according to section 35 of Central Excise Act 1944, any person aggrieved by order passed under this Act, may appeal to the Commissioner of Central Excise (Appeals) within sixty days from the date of the communication of order and also grant further 30 days if he is satisfied with the cause of assessee and thus the appeal of the assessee was dismissed.
Prepared by- Akshit Bhandari
 
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