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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/2013-14/1882

Whether Tribunal was correct in law in directing the appellant to pre-deposit without considering the Tribunal decision on similar issue?

 
Case:- MADHUKAR SAHAKARI SAKHAR KARKHANA LTD Vs THE COMMISSIONER OF CENTRAL EXCISE, NASHIK
 
Citation:- 2013-TIOL-842-HC-MUM-CX
 
Brief Facts:- The appellant is engaged in manufacture of Denatured Ethyl Alcohol and Ethyl Alcohol out of duty paid Molasses. The appellant had taken cenvat credit of duty paid on molasses used in the manufacture of its final products and utilized the same on payment of duty on Denatured Ethyl Alcohol. So far as Ethyl Alcohol was concerned no duty was payable and therefore in terms of Cenvat Credit Rules, 2004, the appellant paid/reversed 6% on the sale value of Ethyl Alcohol. The revenue was of the view that credit of duty on molasses could not be taken by the appellant as it was used in manufacture of Ethyl Alcohol. This was on the basis that Ethyl Alcohol is non excisable goods. Consequently the revenue demanded the credit so taken on the molasses used in manufacture of Ethyl Alcohol. The Adjudicating authority confirmed the demand holding that Ethyl Alcohol is not subject to Central Excise Levy but to State Excise levy and therefore is not exempted excisable goods. Consequently the demand raised in respect of credit taken on Molasses used in the manufacture of Ethyl Alcohol was confirmed by the Adjudicating authority along with equivalent penalty. Being aggrieved the appellant filed an appeal to the Tribunal and sought dispensation from pre-deposit of duty and penalty for the purpose of its appeal being heard on merits. However, by the impugned order the Tribunal directed the appellant to pre-deposit for hearing the appellant's appeal on merits in accordance with the proviso to Section 35F of the Act. Being aggrieved the appellant filed an appeal to the High Court.
 
 
Appellant’s Contention:- The appellant submits that the issue in appeal stands concluded in the appellant's favour by a decision of the Tribunal in the matter of Ugar Sugar Works Ltd. (supra). The Adjudicating Authority after noting the above submissions ignores the same on the ground that the decision of the Tribunal in Ugar Sugar Works Ltd. (supra) is sub silento and thus cannot be applied. At the hearing of the stay application before the Tribunal, the appellant on instructions informs High Court that reliance was again placed upon the above decision but the Tribunal ignored the same. Therefore, in the above facts a complete waiver of pre-deposit was warranted.
 
Respondent’s Contention:- The revenue supports the impugned order and states that this deposit is only at the stage of hearing of stay application. The contentions of the appellant would be considered at the time of final hearing and no interference at this stage is warranted.
 
Reasoning of Judgment:-  The High court finds that in 2005 the Central Excise Tariff Act 1985 was restructured. The case of the revenue is that prior to restructuring of the tariff, Ethyl Alcohol was excisable goods as it found mention in the tariff but not after restructuring of the tariff. The Tribunal in the matter of Ugar Sugar Works Ltd. (supra) seems to have dealt with the period post 2005. Therefore, without going into the merits of the appellants contention that the decision of the Tribunal in Ugar Sugar Works (supra) is applicable to the present facts, the High Court are of the view that when the basic defense of the appellant is the decision of Tribunal in Ugar Sugar Works Ltd. (supra), the Tribunal ought to have dealt with the same. This is particularly so as it goes to the root of the dispute.
 
In view of the above facts, the High Court set aside the impugned order and directed the Tribunal to decide the stay application afresh. However, while considering the stay application the decision of the Tribunal in the matter of Ugar Sugar Works (supra) would inter alia be considered to take a prima facie view whether the same is applicable to the facts of the present case before directing the amount of pre-deposit required to be made by the appellant for the purpose of entertaining its appeal on merits. All contentions of both parties are left open to be urged before the Tribunal.
 
 
Decision:- The appeal is disposed of with the above directions.
 
Comment:- The essence of this case is that without going into the merits of the appellant’s contention, the Tribunal can-not decide the stay application. When the basic defense of the appellant wherein reliance on the decision of the Tribunal on similar issue has been placed was not heard by the Tribunal, the order of pre-deposit is not justifiable and the same should be reconsidered.
 
 

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