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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 /2016-17/3320

Whether Service Tax paid in excess can be adjusted against future Service Tax liabilities?

Case:-PUNJAB NATIONAL BANK VERSUS COMMISSIONER OF C. EX. & S.T., CHANDIGARH-II

Citation:- 2016  (43) S.T.R. 471 (Tri. - Del.)

Brief Facts:- Brief facts of the case are that the appellant is registered with the Service Tax department for providing the taxable service namely, “Banking and Financial Services” falling under Clause 105(zm) of the Finance Act, 1994. Apart from paying Service Tax on banking and financial services, the appellant also pays Service Tax on the services namely ‘service charges/processing fee/Documentation charges and commission on Inland letter of guarantee. It pays Service Tax on gross amount realized towards the services rendered. Subsequently, on case to case basis, the head office of the appellant refunds certain amounts to the recipient of the service based on their credibility. During a particular month, if the value of the service provided was reduced by the amount so refunded, then on the net balance amount, the Service Tax liability was discharged by the appellant. The modus operandi of adjustment of the tax amount for the disputed period was objected to by the Service Tax department, which resulted in confirmation of the Service Tax demand along with interest and imposition of equal amount of penalty. Appeal filed by the appellant against the adjudication order was dismissed by the ld. Commr. (Appeals) vide the impugned order. Hence, the present appeal before this Tribunal.

Appellants Contention:- The ld. Advocate, Sh. Bipin Garg appearing for the appellant relies on sub-rule (3) of Rule 6 of the Service Tax Rules, 1994, wherein specific provisions exist for adjustment of the outstanding amount towards subsequent liabilities.
The ld. Advocate, Sh. Bipin Garg appearing for the appellant relies on sub-rule (3) of Rule 6 of the Service Tax Rules, 1994, wherein specific provisions exist for adjustment of the outstanding amount towards subsequent liabilities.

Respondents Contention:- Mrs. Kanu Verma Kumar, the ld. DR appearing for the Revenue reiterates the findings recorded in the impugned order.

Reasoning Of Judgement:- The Tribunal heard the ld. Counsel for both the sides and perused the records.
The short question involved in this appeal for consideration by this Tribunal is as to whether amount of Service Tax paid at a higher rate can be adjusted for the Service Tax liabilities for subsequent period. In this context, the Tribunal found that Rule 6(3) of the Service Tax Rules clearly provides for such adjustment. The said rule is extracted herein below.
Where an assessee has paid to the credit of Central Government service tax in respect of a taxable service, which is not so provided by him either wholly or partially for any reason, the assessee may adjust the excess service tax so paid by him (calculated on a pro rata basis) against his service tax liability for the subsequent period, if the assessee has refunded the value of taxable service and the service tax thereon to the person from whom it was received.
In view of the above statutory provisions, the Tribunal did not find any merits in the impugned order, and thus, same is set aside and the appeal is allowed in favour of the appellant with consequential relief, if any, as per law.

Decision:- Appeal allowed.

Comment:- The gist of the case is that assessee can adjust the service tax paid in excess with its liability for the subsequent period in view of the specific provision in Rule 6(3) of the Service Tax Rules, 1994.

Prepared By:-Praniti Lalwani
 
 

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