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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 /2016-17/3364

Whether interest payable by revenue on refunds granted beyond three months ?

 
Case:- COMMISSIONER OF CENTRAL EXCISE VersusTHERMAX LTD.
Citation:-  2016 (342) E.L.T. 197 (Bom.)
Issue:-   Whether interest payable by revenue on refunds granted beyond three months ?
Brief Facts-  After having heard Mr. Bangur at some length and perusing the order under challenge, they were of the view that the respondent/assessee accepted the Order-in-Original, dated 7th November, 1997. The demand under that order was restricted to Rs. 72,84,929/-. Penalty was also imposed.
The demand in the Show Cause Notice was Rs. 1,41,52,531. That was not entirely confirmed, but restricted as above. On the basis of these findings and conclusions in the Order-in-Original, a refund claim was filed. That was earlier rejected by the Assistant Commissioner only on the ground of limitation. The said order was challenged before the Commissioner (Appeals) on 21st November, 2001 and that was allowed. The assessee did not derive any refund, but the amount was adjusted against arrears of Rs. 87,34,160/-. The respondent/assessee filed a claim for interest of Rs. 18,77,109/- on the extra amount of Rs. 35,25,090/- (refund sum claimed) beyond 90 days for the period from March, 1998 to February, 2002. Meaning thereby, until the adjustment was made by the order dated 19th February, 2002, copy of which is at Annexure ‘B’. That having been denied, the assessee preferred an appeal before the Commissioner (Appeals). That was dismissed on 26th July, 2005. However, when the assessee approached the Tribunal, the Tribunal allowed it on the basis of a view taken by the Tribunal that on coming into force of Section 11BB of the Central Excise Act, 1944, the interest is payable on delayed refund. Such was also a view taken earlier by the Tribunal.
Appellant’s Contention:- Mr. Bangur’s contention was (appearing for COMMISSIONER OF CENTRAL EXCISE) that they must see Para 4 of the impugned order and since the pre-deposit was made in the year 1995 prior to 26th May, 1995, the provisions of Section 11BB cannot be applied.
Reasoning of Judgement- The Hon’able judge did not see any substance in this contention for what the governing words were “if any duty ordered to be refunded under sub-section (2) of Section 11B to any applicant is not refunded …….”. Therefore, if that duty ordered to be refunded was not refunded within three months from the date of receipt of application under sub-section (1) of Section 11B, then, the liability to pay interest arose. The Hon’able judge found that the order to refund duty was passed well after Section 11BB was brought on the statute book.
 
Decision:- Appeal dismissed.
Comment :– the gist of the case is that as the refund of duty deposited by the assessee was not granted within three months the interest was payable by the revenue.
Prepared by- Akshit Bhandari
 
 

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