COMMISSIONER CENTRAL GST AND CX Versus M/s. HIMMAT GLAZED TILES

COMMISSIONER CENTRAL GST AND CX Versus M/s. HIMMAT GLAZED TILES
Central Excise
2018 (8) TMI 1277 – GUJARAT HIGH COURT – 2018 (15) G. S. T. L. 486 (Guj.)
GUJARAT HIGH COURT – HC
Dated:- 14-6-2018
R/TAX APPEAL NO. 627 of 2018 With R/TAX APPEAL NO. 629 of 2018
Central Excise
MR. AKIL KURESHI AND MR. B.N. KARIA, JJ.
For The Petitioner : Mr Nirzar Desai (2058)
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. These appeals arise out of common facts. We may record facts from Tax Appeal No. 627 of 2018. The department has challenged the judgement of Customs Excise and Service Tax Appellate Tribunal raising following question for our consideration:
“Whether in the facts and circumstances of the case, the Tribuna

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E.V. RADHA KRISHNA KURUP Versus UNION OF INDIA THROUGH ITS SECRETARY (REVENUE), MINISTRY OF FINANCE, THE PRINCIPAL SECRETARY, NEW DELHI, GST COUNCIL, NEW DELHI, GOODS AND SERVICES TAX NETWORK, NEW DELHI AND THE COMMISSIONER, GOODS AND SERVICE TA

E.V. RADHA KRISHNA KURUP Versus UNION OF INDIA THROUGH ITS SECRETARY (REVENUE), MINISTRY OF FINANCE, THE PRINCIPAL SECRETARY, NEW DELHI, GST COUNCIL, NEW DELHI, GOODS AND SERVICES TAX NETWORK, NEW DELHI AND THE COMMISSIONER, GOODS AND SERVICE TAX DEPARTMENT, KARAMANA, KERALA
GST
2018 (7) TMI 1829 – KERALA HIGH COURT – 2018 (15) G. S. T. L. 8 (Ker.)
KERALA HIGH COURT – HC
Dated:- 14-6-2018
W. P. (C. ) No. 17348 of 2018
GST
MR. P.B.SURESH KUMAR, JJ.
For The Petitioner : ADV.SRI.MOHAN GEORGE
For The Respondent : ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA, SRI.P.R.SREEJITH,SC,GOODS AND SERVICES TAX NETWORK AND SRI. V. K. SHAMSUDEEN
JUDGMENT
Petitioner was a registered dealer under the Kerala Value Adde

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rcumstances of this case as also the orders passed in similar matters, I deem it appropriate to dispose of the writ petition permitting the petitioner to prefer an application before the additional sixth respondent, the Nodal Officer appointed to resolve issues in the nature of one raised by the petitioner. Ordered accordingly. Needless to say that if the petitioner prefers an application within two weeks from the date of receipt of a copy of this judgment, same shall be considered and appropriate decision shall be taken by the additional sixth respondent within a week thereafter. Needless also to say that if it is found that the petitioner could not upload FORM GST TRAN-1 for reasons not attributable to him, appropriate action shall be tak

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M/s Dynamic Cables Pvt. Ltd. Versus CGST & CE, Jaipur

M/s Dynamic Cables Pvt. Ltd. Versus CGST & CE, Jaipur
Central Excise
2018 (7) TMI 1336 – CESTAT NEW DELHI – TMI
CESTAT NEW DELHI – AT
Dated:- 14-6-2018
Appeal No. E/50998/2018-SM – Final Order No. 52240/2018
Central Excise
Hon'ble Mrs. Archana Wadhwa, Member (Judicial)
Shri R.G. Choudhary, Consultant – for the appellant
Shri P. Junega, DR – for the respondent
JUDGEMENT
Per Archana Wadhwa:
After hearing both the sides, I find that during the period April 2011 to July 2012, the appellant availed Cenvat credit of duty on the basis of the invoices issued by their head office. Scrutiny of their records revealed that a part of the credit was availed in respect of common services, which were relatable to their second uni

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stration as input service distributed cannot be held to be as irregular. The said decision stands confirmed by the Hon'ble Gujarat High Court when the appeal filed by the Commissioner was rejected reported as 2015 (323) ELT A76 (SC). However, ld. Advocate fairly agrees that though the said decision covers the issue as also the fact that Commissioner (Appeals) has himself extended the benefit for the subsequent period vide Order-in-Appeal No. 05(SJ)/CE/JPR 2018 dated 20.1.2018, but submits that as they have not contested the confirmation before the lower authorities and as such, they are not in a position to challenge the same now before the Tribunal.
His only contests is to confirmation of interest and imposition of penalties. As regards i

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Commissioner Of Central Goods And Service Tax And Central Excise Versus Cadila Health Care Ltd.

Commissioner Of Central Goods And Service Tax And Central Excise Versus Cadila Health Care Ltd.
Service Tax
2018 (7) TMI 1065 – GUJARAT HIGH COURT – 2018 (15) G. S. T. L. 309 (Guj.) , 2018 (361) E.L.T. 966 (Guj.)
GUJARAT HIGH COURT – HC
Dated:- 14-6-2018
R/TAX APPEAL NO. 591 of 2018, 593 of 2018, 614 of 2018
Service Tax
MR. AKIL KURESHI and MR. B.N. KARIA JJ.
Appearance:
MR DHAVAL D VYAS (3225) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 1
ORAL ORDER
(PER : MR.AKIL KURESHI)
1. These Tax Appeals are filed by the department challenging common judgement of CESTAT dated 31.03.2017 by which large number of appeals came to be disposed of. Case of the department is that the issue is already decided by this Cou

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that such judgement of the Tribunal has been carried in appeal by the department before the High Court. We are informed that such appeal being Tax Appeal No. 444 of 2016 is admitted and is pending.
2. In view of such factual background, the Tribunal disposed of appeals raising similar questions as under:
“Considering the number of appeals on the same issue and categorical observation of the Hon'ble High Court in Astik Dyestuff Pvt. Ltd's case (supra) that the judgement is binding on all situated within the territorial jurisdiction of High Court, in my opinion, it would be inappropriate, to decide the issue following the Division Bench judgement when the matter is on board of the High Court. In similar circumstances, a Division Ben

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Arfat Petrochemicals Pvt. Ltd. Versus CE, C & CGST – CCE & ST, Jodhpur

Arfat Petrochemicals Pvt. Ltd. Versus CE, C & CGST – CCE & ST, Jodhpur
Central Excise
2018 (7) TMI 908 – CESTAT NEW DELHI – TMI
CESTAT NEW DELHI – AT
Dated:- 14-6-2018
Appeal No. E/50484/2018 – EX(DB) – A/52271/2018-EX[DB]
Central Excise
Mr. V. Padmanabhan, Member (Technical) And Ms. Rachna Gupta, Member (Judicial)
Represented by Shri Rupender Singh, Advocate for appellant.
Represented by Shri M.R. Sharma, D.R. for the respondent.
ORDER
Per Rachna Gupta:
The Appellant is aggrieved by the Order of Commissioner (Appeals) dated 28.09.2017, vide which the Order-in-Original declining the Appellant to be entitled for refund of accumulated Cenvat Credit after closure of production due to fire accident has been upheld thereby confirming the rejection of refund claim of Rs. 46,28,767/-. The facts relevant for the purpose are:
1. The Appellant is engaged in the manufacture of acrylic fibre falling under Chapter 55 of the Schedule 2 of the Central Excise Tariffs Act

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they are not in a position to utilize the same. The appeal is, accordingly, prayed to be allowed. However, while justifying the challenged order, it is submitted by the D.R. that the Show Cause Notice dated 18.04.2004 was issued in furtherance of the application dated 15.01.2014, seeking refund of unutilized Cenvat Credit lying accumulated in their books of accounts. It is impressed upon that there is no provision which allows refund of accumulated credit lying unutilized except where the same has been accumulated on account of exports under bond. The refund has rightly been rejected. Appeal is, accordingly, prayed to be rejected.
3. After hearing both the parties, we are of the considered view that Rule 5 of the Cenvat Credit Rules, 2004 is relevant for the purpose, which reads as follows:
“Rule 5. Refund of CENVAT Credit: When any inputs are used in the final products which are cleared for export under bond or letter of undertaking, as the case may be, or used in the intermediate

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been used in the final product for export. But the fact of the present case is that the Appellant unit had stopped the manufacturing activity due to a fire accident in their premises and the refund has also been claimed solely on the said basis of the balance lying unutilized in their Cenvat Credit account. Thus, admittedly and apparently, appellant's case is not covered by the above said provisions. Though, the Appellant has relied upon M/s Slovak India Trading Co. Pvt. Ltd. case, but as already held above, relevant provision, i.e., Rule 5 of the Cenvat Credit Rules, 2004 refers only to manufacture. In the present case, admittedly, there is no manufacture subject to the closure of the company. Hence, the refund in furtherance of Rule 5 is not available. Accordingly, the present case is held to stand on a different footing. We draw our support from the case M/s Steel Strips vs. CCE, Ludhiana and M/s Super Rubbers, Gurgaon vs. CCE, Gurgaon, 2006-TIOL-656-CESTAT-DEL-LB, both decided

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failed or faulted in some minor or inconsequent aspects which cannot be described as the “essence” or the “substance” of the requirements.
In a plethora of cases, it has been stated by various judicial pronouncements that where, the language is clear, the intention of the legislature is to be gathered from the language used. It is not the duty of the court either to enlarge the scope of legislation or the intention of the legislature, when the language of the provision is plain. The court cannot rewrite the legislation for the reason that it had no power to legislate. The court cannot add words to a statute or read words into it which are not there. The court cannot, on an assumption that there is a defect or an omission in the words used by the legislature. correct or make up assumed deficiency, when the words are clear and unambiguous. Courts have to decide what the law; is and not what it should be.”
6. Since there is no provision under Cenvat Credit Rules, 2004 to permit refu

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In Re: Utility Powertech Ltd.,

In Re: Utility Powertech Ltd.,
GST
2018 (7) TMI 882 – AUTHORITY FOR ADVANCE RULINGS, CHHATTISGARH – 2018 (14) G. S. T. L. 544 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULINGS, CHHATTISGARH – AAR
Dated:- 14-6-2018
STC/AAR/02/2018
GST
S.K. BUXY AND RAJESH KUMAR SINGH, MEMBER
RULING
1. The Applicant M/s Utility Powertech Ltd. Sipat Bilaspur, having GSTIN 22AAACU3458P1Z1, engaged in providing manpower supply services to NTPC BHEL Power Projects Pvt. Ltd. (NBPPL), Mannavaram in Andhra Pradesh, (GST No. 37AACCN9505A1ZQ) has filed the application U/s 97 of the Chhattisgarh Goods & Services Tax Act, 2017, seeking advance ruling on the following points :-
a. Whether the applicant is required to charge IGST or CGST and SGST on the manpower supply services provided to M/s NTPC BHEL Power Projects Pvt Ltd. (NBPPL), Mannavaram in Andhra Pradesh.
b. Whether such transaction will be categorized as an intrastate or interstate transaction?
c. If the applicant charge IGST on suc

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state and intends to issue invoices regarding supply of manpower services to M/s NBPPL, Mannavaram (A.P.) by charging IGST on the same.
4. Personal Hearing: -In keeping with the established principles of natural justice, personal hearing in the matter was extended to the applicant. Shri Mahavir S. Jain, CA and Shri Naresh P Nahar CA authorized by the Resident Manager of the applicant, M/s Utility Powertech Ltd., Sipat, Bilaspur, (C.G.), appeared before us for hearing on 24.5.2018 and reiterated their above contentions.
5. The legal position, Analysis and Discussion:-
The provisions for implementing the CGST Act and CGGST Act, 2017 are similar.
The Applicant, based at Seepat, Bilaspur(CG) has been awarded a contract for manpower supply at Mannavaram (Andhra Pradesh) by M/s NTPC BHEL Power Project Pvt. Ltd., Mannavaram (Andhra Pradesh).The applicant has submitted that considering such supply of manpower service as interstate transaction, it wants to issue invoices charging IGST, upon

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of input tax credit of tax paid or deemed to have been paid;
(e) determination of the liability to pay tax on any goods or services or both;
(f) whether applicant is required to be registered;
(g) whether any particular thing done by the applicant with respect to any goods or services or both amounts to or results in a supply of goods or services or both, within the meaning of that term.
U/s 103 of CGGST Act, 2017:- Applicability of advance ruling –
1. The advance ruling pronounced by the Authority or the Appellate Authority under this Chapter shall be binding only –
a. On the applicant who had sought it in respect of any matter referred to in sub-section (2) of section 97 for advance ruling;
b. On the concerned officer or the jurisdictional officer in respect of the applicant.
5.1 The applicant has sought advance ruling regarding:-
(i) Labour supply service to the firm situated in Andhra Pradesh and considering it as interstate transaction wants to charge IGST on invoices

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Chhattisgarh Goods and Services Tax (Fifth Amendment) Rules, 2018.

Chhattisgarh Goods and Services Tax (Fifth Amendment) Rules, 2018.
F-10-28/2018/CT/V (44)-26/2018-State Tax Dated:- 14-6-2018 Chhattisgarh SGST
GST – States
Chhattisgarh SGST
Chhattisgarh SGST
Commercial Tax Department
Mantralaya, Mahanadi Bhawan, Naya Raipur
Naya Raipur, Dated 14th June, 2018
Notification No. 26/2018-State Tax
No. F-10-28/2018/CT/V (44). – In exercise of the powers conferred by section 164 of the Chhattisgarh Goods and Services Tax Act, 2017 (7 of 2017), the State Government hereby makes the following rules further to amend the Chhattisgarh Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the Chhattisgarh Goods and Services Tax (Fifth Amendment) Rules, 2018.
(2) Save as otherwise provided in these rules, they shall come into force on the date of issue of this notification.
2. In the Chhattisgarh Goods and Services Tax Rules, 2017, –
(i) in rule 37, in sub-rule (1), after the proviso, the following proviso shall be inse

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during the relevant period other than the input tax credit availed for which refund is claimed under sub-rules (4A) or (4B) or both; and
(b) Adjusted Total turnover shall have the same meaning as assigned to it in sub-rule (4).”
(iv) with effect from 1st July, 2017, in rule 95, in sub-rule (3), for clause (a), the following shall be substituted, namely :-
“(a) the inward supplies of goods or services or both were received from a registered person against a tax invoice;”;
(v) in rule 97, in sub-rule (1), after the proviso, the following proviso shall be inserted, namely :-
“Provided further that an amount equivalent to fifty percent. of the amount of cess determined under sub-section (5) of section 54 read with section 11 of the Goods and Services Tax (Compensation to States) Act, 2017 (15 of 2017), shall be deposited in the Fund.”;
(vi) in rule 133, for sub-rule (3), the following shall be substituted, namely :-
“(3) Where the Authority determines that a registered person has no

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nalty as specified under the Act ; and
(e) cancellation of registration under the Act.
Explanation : For the purpose of this sub-rule, the expression, “concerned State” means the State in respect of which the Authority passes an order.”;
(vii) in rule 138, in sub-rule (14), after clause (n), the following clause shall be inserted, namely :-
“(o) where empty cylinders for packing of liquefied petroleum gas are being moved for reasons other than supply.”;
(viii) in FORM GSTR-4, in the Instructions, for Sl. No. 10, the following shall be substituted, namely :-
“10. For the tax periods July, 2017 to September, 2017, October, 2017 to December, 2017, January, 2018 to March, 2018 and April, 2018 to June, 2018, serial 4A of Table 4 shall not be furnished.”;
(ix) with effect from 1st July, 2017, in FORM GST PCT-01, in PART B,
(a) against Sl. No. 4, after entry (10), the following shall be inserted, namely :-
“(11) Sales Tax practitioner under existing law for a period of not less th

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nion Territory Tax
1
2
3
4
5
6
7
8
9
10
11
12
13
14
(b) for Statement 5B, the following Statement shall be substituted, namely :-
“Statement 5B
[see rule 89(2) (g)]
Refund Type: On account of deemed exports
(Amount in Rs.)
Sl.No.
Details of invoices of outward supplies in case refund is claimed by supplier/Details of invoices of inward supplies in case refund is claimed by recipient
Tax paid
GSTIN of the supplier
No.
Date
Taxable Value
Integrated Tax
Central Tax
State Tax/Union Territory Tax
Cess
1
2
3
4
5
6
7
8
9
(xi) in FORM GST RFD-01A, in Annexure-1,
(a) for Statement 1A, the following Statement shall be substituted, namely : –
"Statement 1A
[see rule 89 (2)(h)]
Refund Type : ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)]
Sl.No.
Details of invoices of inward supplies received
Tax paid on inward supplies
Details of invoices of outward supplies issued
Tax paid on outward supplies
GST

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Seeks to waive the late fee for FORM GSTR-3B.

Seeks to waive the late fee for FORM GSTR-3B.
FTX.56/2017/Pt-I/110 Dated:- 14-6-2018 Assam SGST
GST – States
Assam SGST
Assam SGST
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
FINANCE (TAXATION) DEPARTMENT
NOTIFICATION
Date: The 14th June, 2018
No.FTX.56/2017/Pt-I/110.- In exercise of the powers conferred by section 128 of the Assam Goods and Services Tax Act, 2017 (Assam Act No. XXVIII of 2017) (hereafter in this notification referred to as the "said Act), the Governor of

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Notified member in constitution of nagaland appellate authority for advance ruling for Gst.

Notified member in constitution of nagaland appellate authority for advance ruling for Gst.
F.NO.FIN/REV-3/GST/1/08 (Pt-1)/163 Dated:- 14-6-2018 Nagaland SGST
GST – States
Nagaland SGST
Nagaland SGST
GOVERNMENT OF NAGALAND
OFFICE OF THE COMMISSIONER OF STATE TAXES
NAGALAND: DIMAPUR
NOTIFICATION F.NO.FIN/REV-3/GST/1/08 (PT-1)/163
Dated Dimapur, the 14th June, 2018
In exercise of the powers conferred by section 99 of the Nagaland Goods and Services Tax Act, 2017 (4 of 2017) the

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Apex Co Vantage India Pvt. Ltd. Versus CCT, Rangareddy- GST

Apex Co Vantage India Pvt. Ltd. Versus CCT, Rangareddy- GST
Service Tax
2018 (6) TMI 814 – CESTAT HYDERABAD – TMI
CESTAT HYDERABAD – AT
Dated:- 14-6-2018
ST/30212/2018, ST/30213/2018, ST/30214/2018 – Final Order No. A/30635-30637/2018
Service Tax
Hon'ble Mr. P. Venkata Subba Rao, Member ( Technical )
Shri Rama Mohan, Chartered Accountant for the Appellant
Shri Guna Ranjan, Superintendent ( AR ) for the Respondent
ORDER
[ Order Per : P. Venkata Subba Rao ]
These appeals are filed by the appellant against Orders- in-Appeal passed by the Learned Commissioner (Appeals) upholding the Orders-in-Original.
2. Heard both sides and perused the records.
3. The brief facts of the case are that the appellant is an exporter engaged in the export of Information Technology services. They also rendered services to their Indian clients. But the bulk of their turnover is export of services and hence they accumulated CENVAT credit. They had filed an application under Rule 5 of

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30212/2018
30213/2018
30214/2018
2.
Refund for the Quarter
April – June 2015
July – Sept 2015
Jan – March 2015
3.
Date of application
30/03/2016
29/06/2016
25/01/2016
4.
Refund Amount
7,32,287/-
10,32,532/-
5,39,822/-
5.
Date of Entry in Books
30/06/2016
30/09/2016
31/03/2016
6.
Date of Order by Deputy Commissioner
23/12/2016
28/12/2016
23/12/2016
7.
Due date of filing ST-3 for the period Oct 15 to March 16
25/04/2016
 
 
8.
Date of filing ST-3 for the period Oct 15 to March 16
22/04/2016
 
 
9.
Due date of filing revised ST-3 for the period Oct 15 to March 16
21/07/2016
 
 
10.
Due date of filing ST-3 for the period April 16 to Sept 16
25/10/2016
 
 
11.
Date of filing ST-3 for the period April 16 to Sept 16
24/10/2016
 
 
12.
Due date of filing revised ST-3 for the period April 16 to Sept 16
23/01/2017
 
 
13.
Date of filing revised ST-3 for t

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NVAT credit. It is his submission that due to ignorance, the appellant had not claimed refund of service tax during the previous periods but did so for the period from April, 2015 onwards. They had filed refund claims but had not debited the amount in time i.e., before or at the time of making the claim. This mistake was rectified by them by subsequently debiting the amount. It an honest mistake because of which they should not be deprived of their substantive benefit of refund. It is his further submission the appellant does not stand to gain anything by not debiting as they always had surplus credit in their books of accounts because of their exports. Considering these facts, the Learned Commissioner (Appeals) should have taken a more holistic view of the situation and allowed them to refund which he did not. His submission is that the Tribunal should take a larger view of the situation and appreciate that the appellant has not gained anything by these technical mistakes and should n

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71) taxmann.com 358 (Mumbai – CESTAT)]
6. The Learned Departmental Representative on the other hand, vehemently opposed the appeal and said that the statutory requirement under Rule 5 of the CENVAT Credit Rules read with procedure laid down in Notification No. 05/2006-CE (NT) cannot be modified by the Tribunal. It must be followed. He further argued that debiting the amount in the CENVAT credit before filing the refund claim is a substantive requirement and is not a mere procedure.
7. I have considered the both arguments and perused the records. The Constitution of India has demarcated the roles of Legislature, Executive and Judiciary. Legislation is the exclusive domain of the Legislature. To provide flexibility in the law to deal with changing needs and conditions, the parent Act itself delegates the powers of delegated legislation to the Executive i.e., the Government which is accountable to the Parliament. This delegated legislation, in the form of Rules, Regulations, Notificatio

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nor the quasi-judicial authorities including the Tribunals (which are creations of the law) have the power to modify, amend, insert, delete, stretch or restrict the scope of the Act, Rules, Regulations or the Notifications. Their role is confined to interpreting the laws and applying them to the case in hand. The Hon'ble Apex Court in the case of UOI vs Kirloskar Pneumatics Company [1996 (84) ELT 401 (SC)] not only clarified this position but further held that even when exercising the powers under Article 226/227, the High Courts cannot direct the officers to act contrary to the law. Para 10 of this judgment reads as follows:
“10. According to these sub-sections, a claim for refund or an order of refund can be made only in accordance with the provisions of Section 27 which inter alia includes the period of limitation mentioned therein. Mr. Hidayatullah submitted that the period of limitation prescribed by Section 27 does not apply either to a suit filed by the importer or to a writ

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cted to ignore or act contrary to Section 27, whether before or after amendment. May be the High Court or a Civil Court is not bound by the said provisions but the authorities under the Act are. Nor can there be any question of the High Court clothing the authorities with its power under Article 226 or the power of a civil court. No such delegation or conferment can ever be conceived. We are, therefore, of the opinion that the direction contained in clause (3) of the impugned order is unsustainable in law. When we expressed this view during the hearing Mr. Hidayatullah requested that in such a case the matter be remitted to the High Court and the High Court be left free to dispose of the writ petition according to law.”
The above scheme of things under the constitution as well as the above judgment of the Supreme Court that the creatures of law cannot act contrary to the law lays down the basic framework for me to decide the issue at hand. The question to be decided is whether the Ord

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sible;
(B) “Net CENVAT credit” means total CENVAT credit availed on inputs and input services by the manufacturer or the output service provider reduced by the amount reversed in terms of sub-rule (5C) of rule 3, during the relevant period;
(C) “Export turnover of goods” means the value of final products and intermediate products cleared during the relevant period and exported without payment of Central Excise duty under bond or letter of undertaking;
(D) “Export turnover of services” means the value of the export service calculated in the following manner, namely:-
Export turnover of services = payments received during the relevant period for export services + export services whose provision has been completed for which payment had been received in advance in any period prior to the relevant period – advances received for export services for which the provision of service has not been completed during the relevant period;
(E) “Total turnover” means sum total of the value of

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uch duty; or claims rebate of service tax under the Export of Services Rules, 2005 in respect of such tax.
Explanation 1.- For the purposes of this rule,-
(1) “export service” means a service which is provided as per the provisions of Export of Services Rules, 2005, whether the payment is received or not;
(2) “relevant period” means the period for which the claim is filed.
Explanation 2.- For the purposes of this rule, the value of services, shall be determined in the same manner as the value for the purposes of sub-rule (3) and (3A) of rule 6 is determined.]
Notification No. 5/2006-CE
In exercise of the powers conferred by rule 5 of the CENVAT Credit Rules, 2004 (hereinafter referred to as the “said rules”), and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No 5/2006 – Central Excise (N.T), dated the 14th March, 2006, published in Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide n

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every year.
(c) the value of goods cleared for export during the quarter shall be the sum total of all the goods cleared by the exporter for exports during the quarter as per the monthly or quarterly return filed by the claimant.
(d) the total value of goods cleared during the quarter shall be the sum total of value of all goods cleared by the claimant during the quarter as per the monthly or quarterly return filed by the claimant.
(e) in respect of the services, for the purpose of computation of total turnover, the value of export services shall be determined in accordance with clause (D) of sub-rule (1) of rule 5 of the said rules.
(f) for the value of all services other than export during the quarter, the time of provision of services shall be determined as per the provisions of the Point of Taxation Rules, 2011.
(g) the amount of refund claimed shall not be more than the amount lying in balance at the end of quarter for which refund claim is being made or at the time of

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n and enclosures relating to the quarter for which refund is being claimed shall be filed by the claimant, before the expiry of the period specified in section 11B of the Central Excise Act, 1944 (1 of 1944).
(c) The application for the refund should be signed by-
(i) the individual or the proprietor in the case of proprietary firm or karta in case of Hindu Undivided Family as the case may be;
(ii) any partner in case of a partnership firm;
(iii) a person authorized by the Board of Directors in case of a limited company;
(iv) in other cases, a person authorized to sign the refund application by the entity.
(d) The applicant shall file the refund claim along with the copies of bank realization certificate in respect of the services exported.
(e) The refund claim shall be accompanied by a certificate in Annexure A-I, duly signed by the auditor (statutory or any other) certifying the correctness of refund claimed in respect of export of services.
(f) The Assistant Commissi

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Force Motors Ltd. Versus CGST & CE, Ujjain

Force Motors Ltd. Versus CGST & CE, Ujjain
Central Excise
2018 (6) TMI 786 – CESTAT NEW DELHI – TMI
CESTAT NEW DELHI – AT
Dated:- 14-6-2018
Appeal No. E/50962/2018-SM – Final Order No. 52241/2018
Central Excise
Hon'ble Mrs. Archana Wadhwa, Member ( Judicial )
Shri S.A. Gundecha, Advocate – for the appellant
Shri P. Junega, DR – for the respondent
ORDER
Per Archana Wadhwa
After hearing both the sides, I find that the appellant is engaged in the manufacture of motor vehicles and were availing the benefit of Cenvat credit of duty paid on various inputs.
2. Its so happened that during the period Jan. 2001 and Feb. 2001, the appellant received certain duty paid inputs which were duly entered in their records. As per the appellant, the credit could not be availed during the said period, immediately on receipt of the inputs but the same was availed in the month of March 2001. With effect from 1.3.2001, the provisions of Rule 57AB, which enabled the appellant to ava

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of the original adjudicating authority was upheld by Commissioner (Appeals) and hence the present appeal.
4. After hearing both the sides and after going through the impugned order, I find that the only reason with the Revenue to deny the credit is that the new amended provisions of 57AB, introduced with effect from 1.3.2001, allowed the credit of duty paid on the inputs received in the factory on or after 1.3.2001. Inasmuch as the inputs in question were received in Jan. and Feb. 2001, Revenue was of the view that the appellant would not be entitled to the credit.
I note that when the inputs were received in the assessee's factory in Jan. and Feb. 2001, they were admittedly entitled to avail the credit of duty paid thereon. Had they taken the credit in Jan. and Feb, itself, there would have been no objection by the Revenue. In fact, the said inputs were duly entered by them in their input records and it was only taking of credit which was deferred. As such, it can be seen that it i

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it of duty in respect of inputs received on or after 31.3.2000. Disputes arose in respect of inputs received prior to 31.3.2000 and it was clarified that inasmuch as an assessee has earned Modvat credit in respect of inputs received prior to 31.3.2000, he would be entitled to avail the Cenvat credit of duty paid on the same.
6. A logical interpretation of the provisions of Rule 57AB, as they existed before 1.3.2001 and after their amendment in 1.3.2001, leads me to conclude that an assessee cannot be denied the credit in respect of inputs received by him prior to 1.3.2001, especially when he was within his rights to avail the credit in respect of said inputs and could have availed the same immediately on receipt of the goods prior to 1.3.2001. As such, I find no merits in the Revenue's stand. Accordingly, the impugned orders are set aside and the appeal is allowed with consequential relief to the appellant.
( Dictated & pronounced in open Court )
Case laws, Decisions, Judgements,

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M/s. Mangalore Ganesh Beedi Works Versus Commissioner of GST & Central Excise

M/s. Mangalore Ganesh Beedi Works Versus Commissioner of GST & Central Excise
Service Tax
2018 (6) TMI 675 – CESTAT CHENNAI – TMI
CESTAT CHENNAI – AT
Dated:- 14-6-2018
Appeal No. ST/40939/2018 – Final Order No. 41801 / 2018
Service Tax
Hon'ble Ms. Sulekha Beevi C.S., Member ( Judicial )
Sh. S.K.Venugopala Rao, Chartered Accountant for the Appellant
Shri B. Balamurugan, AC (AR) for the Respondent
ORDER
Brief facts are that the appellants were issued show cause notice alleging that the credit availed on two input service distributor (ISD) invoices dated 14.2.2011 for Rs. 60,550/- and another dated 5.10.2011 for Rs. 52,390/- is not eligible for credit as these invoices did not contain the mandatory details. After due p

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ubmitted that the appellant had availed the services of real estate agent for purchase of land from real estate agent and credit was availed to the tune of Rs. 60,550/- in this regard. Further, service was received for settling up dispute for which an amount of Rs. 51,500/- was availed as credit. For the mere reason that the invoices did not contain the necessary particulars of the service provider, the department has sought to deny the credit. He submitted that the appellant had furnished the input service distributor invoices as well as the details of the credit availed which has not been considered by the authorities below. He adverted to proviso to Rule 9(2) and argued that in case of invoices not containing necessary particulars, the A

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the services are for GTA purpose which does not match with the contention raised by the appellant. On this ground, the authorities below have rightly denied the credit as well as imposed penalty.
4. Heard both sides.
5. At the outset, it has to be stated that the appellant though has argued in detail with regard to the eligibility of credit, has then submitted that they are confining their contest to the penalty imposed. On perusal of the show cause notice, it is seen that the only allegation raised is that the invoices issued by the service provider did not contain necessary details. It is also seen from the records that the Range Officer, Palayamkottai was called for to scrutinize and report about the said two invoices. Nothing is brou

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Clarifications of certain issues under GST– regarding

Clarifications of certain issues under GST– regarding
48/22/2018 Dated:- 14-6-2018 CGST – Circulars / Ordes
GST
Circular No. 48/22/2018-GST
F. No. CBEC/20/16/03/2017-GST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
GST Policy Wing
New Delhi, Dated the 14th June, 2018
To,
The Principal Chief Commissioners/ Chief Commissioners/Principal Commissioners/ Commissioners of Central Tax (All)/
The Principal Directors General/ Directors General (All)
Madam/Sir,
Subject: Clarifications of certain issues under GST- regarding
Representations have been received seeking clarification on certain issues under the GST laws. The same have been examined and the clarifications on the same are as below:
Sl. No.
Issue
Clarification
1.
Whether services of short-term accommodation, conferencing, banqueting etc. provided to a Special Economic Zone (SEZ) developer or a SEZ unit should be treated as an inter-State su

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instant case, section 7(5)(b) of the IGST Act is a specific provision relating to supplies of goods or services or both made to a SEZ developer or a SEZ unit, which states that such supplies shall be treated as inter-State supplies.
1.4 It is therefore, clarified that services of short term accommodation, conferencing, banqueting etc., provided to a SEZ developer or a SEZ unit shall be treated as an inter-State supply.
2.
Whether the benefit of zero rated supply can be allowed to all procurements by a SEZ developer or a SEZ unit such as event management services, hotel and accommodation services, consumables etc?
2.1 As per section 16(1) of the IGST Act, “zero rated supplies” means supplies of goods or services or both to a SEZ developer or a SEZ unit. Whereas, section 16(3) of the IGST Act provides for refund to a registered person making zero rated supplies under bond/LUT or on payment of integrated tax, subject to such conditions, safeguards and procedure as may be prescribed. F

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re, subject to the provisions of section 17(5) of the CGST Act, if event management services, hotel, accommodation services, consumables etc. are received by a SEZ developer or a SEZ unit for authorised operations, as endorsed by the specified officer of the Zone, the benefit of zero rated supply shall be available in such cases to the supplier.
3.
Whether independent fabric processors (job workers) in the textile sector supplying job work services are eligible for refund of unutilized input tax credit on account of inverted duty structure under section 54(3) of the CGST Act, 2017, even if the goods (fabrics) supplied are covered under notification No. 5/2017-Central Tax (Rate) dated 28.06.2017?
3.1 Notification No. 5/2017-Central Tax (Rate) dated 28.06.2017 specifies the goods in respect of which refund of unutilized input tax credit (ITC) on account of inverted duty structure under section 54(3) of the CGST Act shall not be allowed where the credit has accumulated on account of ra

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1% GST Export But Forget tu put name of manufacturer in Shipping bill

1% GST Export But Forget tu put name of manufacturer in Shipping bill
Query (Issue) Started By: – Neel Shah Dated:- 13-6-2018 Last Reply Date:- 28-6-2018 Customs – Exim – SEZ
Got 3 Replies
Customs
Hello,
we are a merchandise Exporters from India, as Now a days we have facility to get 1% GST Supplier bill and we can do export on that, we did export consignment already sailed and we forget to put manufacturers details in Shipping bill as we could get refund according to it,
so now

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GST Amendment 2018: Streamlining Tax Processes, Enhancing Transparency, and Improving Compliance with Updated Filing and Input Credit Rules.

GST Amendment 2018: Streamlining Tax Processes, Enhancing Transparency, and Improving Compliance with Updated Filing and Input Credit Rules.
Notifications
GST
Central Goods and Services Tax (

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GST Act: Proper Officer Can Dispose of Seized Goods per Updated Guidelines and Notifications. Stay Informed on Procedures.

GST Act: Proper Officer Can Dispose of Seized Goods per Updated Guidelines and Notifications. Stay Informed on Procedures.
Notifications
GST
Goods which may be disposed off by the proper offi

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GST AMENDMENT: GOVERNMENT TO REVAMP AAR MECHANISM

GST AMENDMENT: GOVERNMENT TO REVAMP AAR MECHANISM
Query (Issue) Started By: – myGSTzone Expert Dated:- 13-6-2018 Last Reply Date:- 13-6-2018 Goods and Services Tax – GST
Got 1 Reply
GST
The Goods and Service Tax Council has planned to make it mandatory for the Authority for Advance Rulings (AAR) to be manned by senior revenue officials. An AAR is a quasi-judicial body. The rulings bring certainty in determining tax liability that is binding on both the applicant as well as the Government Authorities. The advance ruling is inexpensive, simple and expeditious.
The Government proposed the idea to revamp the AAR by establishing either a centralized authority or four regional authorities. The aim is to avoid contradicting and conde

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Sale of Old plant & Machinery on which ITC Taken earlier-Rule 40 or Rule 44

Sale of Old plant & Machinery on which ITC Taken earlier-Rule 40 or Rule 44
Query (Issue) Started By: – ROHIT GOEL Dated:- 13-6-2018 Last Reply Date:- 21-6-2018 Goods and Services Tax – GST
Got 2 Replies
GST
Hi Sir,
As per sec 18(6) of CGST Act 2017, when capital goods on which ITC has been taken are sold, then the assessee should pay:
a) ITC taken earlier after reduction of prescribed percentage points OR
b) tax on transaction value on sale
whichever is higher.
Further as per Rule 40(2) of CGST Rules:
"(2) The amount of credit in the case of supply of capital goods or plant and machinery, for the purposes of sub-section (6) of section 18, shall be calculated by reducing the input tax on the said goods at the rate o

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useful remaining life in months= 5 months ignoring a part of the month
Input tax credit taken on such capital goods= C
Input tax credit attributable to remaining useful life= C multiplied by 5/60
(6) The amount of input tax credit for the purposes of sub-section (6) of section 18 relating to capital goods shall be determined in the same manner as specified in clause (b) of subrule (1) and the amount shall be determined separately for input tax credit of 3[central tax, State tax, Union territory tax and integrated tax]"
My query is which Rule is to be followed in such case? Whether the credit to be reversed or paid will be determined as 5% per quarter or on the basis of useful life of 60 months since there will be differences in bot

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Refund on export of services

Refund on export of services
Query (Issue) Started By: – Lakshminarayanan TR Dated:- 13-6-2018 Last Reply Date:- 26-6-2018 Goods and Services Tax – GST
Got 3 Replies
GST
Dear all
I would like to check the experience in this group with regards refund claims especially refund of IGST paid on export of services. Despite, we have filed manual GST RFD 01 A form with FIRC during last refund drive held in March 2018, we have not made any progress nor we had acknowledgment in form RFD 02 yet. No deficiencies communicated yet as well. Please share your experience, also you guys experience (% of refund value) undercutting demand in the process. If so how to legitimate challenge the same.
best regards
TRL
Reply By Rajagopalan Ranganat

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which remains unpaid under this Act or under the existing law.
Explanation.For the purposes of this sub-section, the expression “specified date” shall mean the last date for filing an appeal under this Act. and
Section 54 (11) Where an order giving rise to a refund is the subject matter of an appeal or further proceedings or where any other proceedings under this Act is pending and the Commissioner is of the opinion that grant of such refund is likely to adversely affect the revenue in the said appeal or other proceedings on account of malfeasance or fraud committed, he may, after giving the taxable person an opportunity of being heard, withhold the refund till such time as he may determine.
Since you have filed the refund cliam in for

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Job work done for overseas customer

Job work done for overseas customer
Query (Issue) Started By: – Lakshminarayanan TR Dated:- 13-6-2018 Last Reply Date:- 6-12-2018 Goods and Services Tax – GST
Got 4 Replies
GST
Hi
Could any of our experts in the group help us get detailed procedure for Job Work done for overseas customer? Raw Material will be supplied by the foreign buyer, right from import of that raw material till supply of finished goods to overseas buyer, what are various compliance to be kept in mind. Your val

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Extension of Special Refund Fortnight till 16.6.2018

Extension of Special Refund Fortnight till 16.6.2018
GST
Dated:- 13-6-2018

The Government has launched the second “Special Drive Refund Fortnight “from 31.5.2018 to 14.6.2018. During the first Refund Fortnight from 15th to 29th March an amount of ₹ 5350 crore was sanctioned and during this fortnight over ₹ 7500 crore has been sanctioned. In view of overwhelming response from exporters and pending claims, the period of Refund fortnight is being extended by two more days i.e up to 16th June, 2018.
All exporters whose refunds have been held up on account of short payment are required to make the payment of IGST equal toshort payment and follow the instructions of Circular No.12/2018-Customs dated 29.5.2018.
In IGST

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e the refund application in FORM GST RFD-01A will not be processed unless a copy of the application, along with all supporting documents, is submitted to the jurisdictional tax office. Mere online submission is not sufficient.
All IGST refund claimants may register on ICEGATE website, if not already done, to check their refund status. Customs field formations have been informed about the extension of the Refund Drive. Exporters are requested to make the best of this extended drive and avail of the opportunity to get the refunds sanctioned during this special drive. In case of any problem, exporters are advised to approach the Commissioner of Customs /Jurisdictional Tax Authorities. The Government is committed to clear all the remaining ref

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5% GST on Polypropylene Non-Woven Carry Bags Priced Below Rs. 1,000 Under Entry No. 224 Schedule 1.

5% GST on Polypropylene Non-Woven Carry Bags Priced Below Rs. 1,000 Under Entry No. 224 Schedule 1.
Case-Laws
GST
Rate of GST – poly propylene non-woven fabrics – since the sale value of non-

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No Input Tax Credit for Pre-GST Purchases u/s 140(6) of CGST and GGST Acts 2017.

No Input Tax Credit for Pre-GST Purchases u/s 140(6) of CGST and GGST Acts 2017.
Case-Laws
GST
Supply of services – Works Contract – credit of material bought in pre-GST era – post-implementa

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Underground Pipeline Installation Classified as “Works Contract” u/s 2(119) of CGST and GGST Acts 2017.

Underground Pipeline Installation Classified as “Works Contract” u/s 2(119) of CGST and GGST Acts 2017.
Case-Laws
GST
Supply of services – The work of laying of underground pipeline network f

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Refund of accumulated ITC in case of export under LUT when 95% inputs (imported) received under advance authorisation

Refund of accumulated ITC in case of export under LUT when 95% inputs (imported) received under advance authorisation
Query (Issue) Started By: – BalKrishan Rakheja Dated:- 13-6-2018 Last Reply Date:- 14-6-2018 Goods and Services Tax – GST
Got 1 Reply
GST
I imported the inputs under advance authorization before GST implementation. we use 95% imported inputs for manufacturing finished goods and we procure 5% from domestic market on purchase of central excise duty and availed CENVAT c

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