Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/CASE LAW/2016-17/3059

Whether there is a contradiction in Tribunal’s order when demand is set aside and matter is remanded back?
Case:- DELOITTE HASKINS & SELLS Versus COMMISSIONER OF SERVICE TAX, MUMBAI
Citation:- 2015 (40) S.T.R. 1095 (Tri. - Mumbai)
Issue:- Whether there is a contradiction in Tribunal’s order when demand is set aside and matter is  remanded back?
Brief Facts:- This ROM application is filed by Revenue on two grounds namely :
(i)         There is an apparent error in the Tribunal Order [2015 (38)S.T.R.1220 (Tri.-Mumbai)] to the effect that on the one hand CESTAT has set aside the demand of Rs. 31,25,737/- and Rs. 5,65,600/- and allowed the Cenvat credit and on the other hand CESTAT has remanded the matter to the adjudicating authority. Thus, there is a contradiction in the CESTAT on findings and
(ii)        For verification in terms of Tribunal’s Order, the respondent submitted certificates from major service providers namely M/s. Patmans & G. Hospitality Pvt. Ltd., M/s. Deloitte Consulting India Ltd., and M/s. Deloitte & Touch Assurance & Enterprise Risk Service India Pvt. Ltd. The certificates which have been submitted now by the respondent for verification were not presented by them before the adjudicating authority and not discussed in the Orders-in-Original as well.
Another certificate was issued by M/s. Blue Dart after 9/10 years of the issue of the invoices. In the 5th Certificate date of issue of certificate is not mentioned. Hence, the verification does not lead to the conclusion that the services were used in the Mafatlal House.
Reasoning of Judement:- TheTribunal has carefully considered the submissions of the both parties.
As regards the first issue they find that their Order is very clear. The order allows the Cenvat Credit in principle. It was remanded only to be verified by the adjudicating authority that the input services in respect of which credit was availed were actually received by them and utilized by them. They find no contradiction in our Order.
As regards the Cenvat credit availed on the basis of certificates of service providers, the appellant has shown the letter submitted in reply to the show cause notice. It clearly indicates that the letters obtained from the service providers were submitted under the said letter. Further this letter is shown received by Inspector of Central Excise (Adjudication), Thane-I, Commissionerate. Therefore it appears that the Commissioner has filed this ROM without caring to see his own records. Reasons such as date of issue of certificate not being mentioned cannot be a reason to deny the substantial benefit. It was for the authorities to verify whether the services were received and actually utilized.
They fail to appreciate the grounds on which ROM is filed when the matter was simply remanded for verifying the actual use of input services certificates having been produced earlier as mentioned above, there is no ground to deny the Cenvat credit which was sought to be availed on the basis of these certificates.
In view of the above, the ROM application is rejected.
Decision:-Revenue’s ROM application rejected
 
Comments:- The essence of the case is that the revenue filed ROM application before the Tribunal on the ground that the Tribunal has allowed the Cenvat credit to the assessee and remand back the case to adjudicating authority and the second matter is that the assessee has produce some certificate in respect of cenvat credit which were not produce before the adjudicating authority and also not discussed in Order in original.
The Tribunal has decided the case in favor of assessee and held thatthe there was no contradiction in the order because case was remanded back only to verify that the input services in respect of which credit was availed were actually received by the assessee. In the second point the Tribunal finds that the Letter has been produce by the assessee to the Inspector of the Department wherein all the details of certificates are available. Hence, the decision in favour of assessee is the correct decision.
 
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