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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 Law/2018-2019/3497

Whether detention order and confiscation of goods can be challenged on the ground that opportunity of hearing was not given?
Case:M/s BRIGHT ROAD LOGISTICS PVT LTD Vs THE COMMERCIAL OFFICER (ENF-21) SOUTH ZONE
 
Citation:Writ Petition No.47450 of 2018(T-RES)
Issue: Whether detention order and confiscation of goods can be challenged on the ground that opportunity of hearing was not given?
Brief facts:The petitioner is a transporter represented by its Proprietor and was transporting certain goods. The said conveyance bearing registration No.KA-07-A-8570 was checked by the officers of the Revenue Department. After a verification of the documents and goods in the conveyance, it was found that the consignment consisted of readymade garments worth of Rs.33,35,335/- and the said consignment was not accompanied by valid documents like tax invoice and e-way bill and the same was in contravention of the provision of Section 68(1) of the CGST Act, 2017 and KGST Act, 2017. On such basis the Revenue concluded that the same amounts to an attempt to avoid paying tax to the Government and same is liable to be levied as mandated under Section 129(1) of the CGST Act. The petitioner filed a writ petition in regard to the detention order dated 10.08.2018 issued under Section 129(1) of the Central Goods and Services Tax Act, 2017, the order of confiscation of goods and conveyance and demand of tax, fine and penalty dated 19.09.2018 issued under Section 130 of the CGST Act and the rectification order dated 25.09.2018 issued under Section 161 of the CGST Act, 2017
 
Appellant’s Contention:Petitioner contends that the order stands invalidated on the sole ground that there is non-compliance of the mandate under the provisions of Section 129(4) of the Act and hence the same warrant interference at the hands of this Court. It is contended that the order of detention under Section 129(1) of the CGST Act, the order of confiscation and rectification order to the writ petition have been passed without affording an opportunity of hearing to the petitioner.
It is further contended that the objections put forth by the petitioner had not been taken into consideration while passing the orders, which are impugned herein. The arguments put forth are required to be rejected for the following reasons:
1) The petitioner is a transporter; and
2) The detention and seizure order has been passed after verification of the documents that were made available by the driver of the conveyance and inspection of goods has been carried out in the presence of the driver.
 
Respondents Contention & Reasoning of judgment:As per order of demand of tax and penalty passed by CTO, it is apparent that the contention raised by the petitioner, that no opportunity hasbeen afforded under Section 129 (4) of the CGST Act stands falsified.
 
Moreover, a confirmation letter was given to CTO which signifies that the alleged owners have waived the right of hearing and have consented, levy of tax and penalty and have undertaken to pay as per the provisions of Section 129(1)(a) of the CGST Act. Despite the same, the petitioner has been heard in the matter.
 
This Court does not find any good ground warranting interference with the impugned orders by exercising its jurisdiction under Article 226 of the Constitution of India.
 
In the instant case, no declaration has been made by the consignees either prior to the commencement of transport or even after the goods has been seized. Hence, the case put forth by the petitioner does not inspire confidence in the Court to further adjudicate the issue. Hence, the said ruling is distinguishable and inapplicable to the instant case. The Court is of the opinion that the points raised by the petitioner does not survive for consideration in the light of the explanation
placed before this Court. As stated earlier, the matter requires adjudication of facts, which are seriously disputed by the parties. This Court in exercise of supervisory jurisdiction cannot enter upon and adjudicate factual issues under Article 226 of the Constitution of India, in the light of availability of an alternative remedy. Accordingly, the petition stands rejected.
 
Decision:Writ Petition stands rejected
Comment: According to proviso to section 107(9) of the CGST Act, 2017, pertaining to appeals to appellate authority, it is expressly stated that sufficient opportunity of hearing is required to be granted by the tax authorities and adjournment can be granted upto three times. However, in this case, the CTO has provided the opportunity of being heard in accordance with the principles of natural justice and the statutory provisions contained in CGST Act, 2017. Consequently, the petition was rejected after considering the submissions of the appellant.
 
Prepared By: Arundhati Bajpai
 
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