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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/2016-17/3065

Whether Re-export and sale of used moulds without prior permission of DGFT is liable for confiscation and penalty?
Case-GOODYEAR SOUTH ASIA TYRES P. LTD. VersusC.C., ICD, MALIWADA, AURANGABAD
Citation-2016 (331) E.L.T. 474 (Tri. - Mumbai)
Issue-Whether Re-export and sale of used moulds without prior permission of DGFT is liable for confiscation and penalty?
Brief Facts-The brief facts of the case are that the appellant imported old moulds required for the manufacture of tyres from M/s. Goodyear Phillippies Inc., Philippines and were cleared on payment of appropriate duty. After receipt of the goods, appellant was not satisfied with the quality of the old moulds and it is claimed these were of no use to them. After one year and nine months they exported back these moulds to the supplier. Revenue’s contention is that as per the provisions of Para 2.3 of the Handbook of Procedures at the relevant time the appellant could not have sold mould without prior permission from DGFT. The case was adjudicated. Goods were confiscated, redemption fine of Rs. 1,24,000/- in lieu of confiscation, equal amount of penalty was imposed under Section 114 of the Customs Act, 1962.
Appelants Contention-Ld. counsel submitted that relevant Para 2.3 of the Handbook of Procedures is for sale within India. In their case, moulds were re-exported and hence said para is not applicable. Learned counsel further submitted that purpose of the said para is to prohibit trading in old capital goods and in their case it is not the trading but since imported mould were not usable by them, they were forced to sell it back to their original supplier and thus sale in this case is technical in nature.
 
Respondents Contention-Ld. AR reiterates the observations made in theimpugned order.
 
Reasoning Of Judgement-The tribunal have considered the rival submissions and find that it is not in dispute that goods were sold and re-exported. They note that relevant para of the Handbook Procedures makes no distinction between sale within India and sale outside India and therefore, there is violation of provisions of Import and Export Policy/Handbook of Procedures. Confiscation of the goods therefore, is upheld. However, keeping in view the facts and circumstances of the case, redemption fine is reduced to Rs. 50,000/-.they do not find it to be fit case for imposing penalty. Penalty is therefore, set aside. Appeal is dismissed except the above modification.
 
Decision-Appeal dismissed
 
Comment-The gist of the case is that as in the given case assessee after using imported Moulds in production of their goods, re-export same after 1 year 9 months. And, as per Para 2.3 of Handbook of Procedures, such goods could not have been sold, whether in India or abroad, without prior permission of DGFT. And, accordingly for violation of said provision, goods rightly confiscated. But in view of overall circumstances redemption fine reduced and penalty set aside.
Prepared By-Neelam Jain
 
 
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