Constitution of State Level Screening Committee on Anti-Profiteering for The Tamil Nadu under the Tamil Nadu Goods and Services Tax Act, 2017.

Constitution of State Level Screening Committee on Anti-Profiteering for The Tamil Nadu under the Tamil Nadu Goods and Services Tax Act, 2017.
G.O. Ms. No. 36 Dated:- 16-3-2018 Tamil Nadu SGST
GST – States
Tamil Nadu SGST
Tamil Nadu SGST
GOVERNMENT OF TAMIL NADU
COMMERCIAL TAXES AND REGISTRATION DEPARTMENT
[G.O. Ms. No. 36, Commercial Taxes and Registration (B1), 16th March 2018, Panguni 2, Hevilambi,
Thiruvalluvar Aandu, 2049]
No. II(2)/CTR/284(d)/2018.
In exercise of the p

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M/s. Mehra Computer Systems Limited Versus The Assistant Commissioner of GST & Central Excise, The Manager, Corporation Bank, GT-Branch

M/s. Mehra Computer Systems Limited Versus The Assistant Commissioner of GST & Central Excise, The Manager, Corporation Bank, GT-Branch
Central Excise
2018 (3) TMI 1239 – MADRAS HIGH COURT – TMI
MADRAS HIGH COURT – HC
Dated:- 16-3-2018
W.P.No.4620 of 2018 and W.M.P.No.5695 of 2018
Central Excise
M. Duraiswamy, J.
For the Petitioner : Mr.S.Muthuvenkataraman
For the Respondent : Mr. S. Rajasekar for Mrs.R.Hemalatha
ORDER
The petitioner has filed the above Writ Petition to issue a Writ of Certiorarified mandamus to call for the records comprising communication dated 26.02.2018 on the file of the 2nd respondent and quash the same consequently direct the 1st respondent to issue a copy of the Order in Original No.86/2016

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, the petitioner shall give a representation to the 1st respondent seeking for a copy of the Order in Original dated 23.03.2016 today itself and on receipt of the same, the 1st respondent shall furnish the copy of the Order in Original on or before 20.03.2018. The petitioner is granted a week's time for filing an Appeal before the Appellate Authority as against the Order in Original dated 23.03.2016. On filing of the Appeal, the Appellate Authority shall decide the same on merits and in accordance with law within six weeks from the date of presentation. It is open to the petitioner to seek for appropriate remedy before the Appellate Authority.
5.With these observations, the Writ Petition is disposed of. No costs. Consequently, connecte

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Refund of IGST on Export – EGM Error related cases

Refund of IGST on Export – EGM Error related cases
06/2018 Dated:- 16-3-2018 Circular
Customs
Circular No. 06/2018-Customs
F. No.450/119/2017-Cus-IV (Pt.)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise And Customs
Room No. 227B, North Block, New Delhi.
Dated the 16th March, 2018
To
All Principal Chief commissioner/Chief Commissioners of Customs/Customs (Preventive)
All Principal Chief Commissioners/Chief Commissioners of Customs & Central Tax
All Principal Commissioners/Commissioners of Customs/Customs (Preventive)
Subject: reg.
IGST Refund module for exports is operational in ICES from 10.10.2017. The module has an inbuilt procedure to automatically grant refund after validating the Shipping Bill data available with Customs against the GST Returns data available with GSTN. The procedure also returns error/response codes in case there is any discrepancy. A number of representations have been received from the stakeholders

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(EGM) and valid return in Form GSTR-3 or Form GSTR – 3B, as the case may be, has been filed. In other words, filing of EGM, apart from filing of shipping bill and GSTR 3B is a mandatory requirement for processing refund claim. The Shipping lines/agents have been filing EGM electronically for exports originating from gateway ports. However, for cargo originating from ICDs, the Shipping lines/agents were filing EGM in manual mode. Absence of electronic EGMs and their integration with local EGMs has been the major obstacle in processing of refund claims in the case of exports from ICDs.
3. In Order to overcome this issue, the Shipping lines have been mandated to include the shipping bills originating from ICDs while filing the electronic EGMs at the gateway ports. In cases where the EGMs have not incorporated the shipping bills pertaining to ICDs, the Shipping lines/agents have been asked to file supplementary EGMs. While the Shipping lines have been largely cooperative in filling regula

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the gateway port should strictly monitor the EGM pendency and error reports available in ICES. The officers at the gateway port have to resolve the EGM errors in an expeditious manner by asking the Shipping lines/agents to file requisite amendments and approving those amendments on ICES. In cases, where there are errors either in the shipping bill or in the local EGM (i.e. truck or train summary), the remedial action has to be taken by jurisdictional officer in ICD.
6. It has been observed that mis-match of information provided in local and gateway EGM mainly occurs because of (i) incorrect gateway port code in local EGM (error M), (ii) change in container for LCL cargo or mistakes committed while entering container number (error C), (iii) incorrect count of containers (error N), (iv) mistakes in entering the nature of cargo – LCL or FCL (error T), (v) the let export order is given in ICES after sailing date of the vessel (error L), ICES has provision to correct all aforementioned err

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Partly Job Work Process

Partly Job Work Process
Query (Issue) Started By: – Basha AbdulRazack Dated:- 15-3-2018 Last Reply Date:- 19-3-2018 Goods and Services Tax – GST
Got 6 Replies
GST
I need to clarify the point for the partly Job work Invoice Issue.
We are sending goods (A) to another company for Job work for which the job worker added some consumables (B) from their end and send it back to us (C)
I need clarification;
1. Can we raise GST Invoice for (A) product or sending in DC as Job work
2. Job Worker added only the value of B and their Labour work and charging GST is it correct? (They have not added the value of product A because they are receiving the product A in DC)
Please Explain.
Reply By KASTURI SETHI:
The Reply:
As per Section 1

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work charges are to be shown accordingly. Please correct me if mistaken.
Reply By Ganeshan Kalyani:
The Reply:
Sending goods on Delivery challan is the correct method. it also benefits to you in the sense that if you raise tax invoice it will be supply and tax has to be paid by you. after work is over the job worker will have to again raise tax invoice on you as it would amount to supply for him . in order to avoid all these trouble the procedure of job work has been given in law. you have to send goods on delivery challan and get back the goods under delivery challan without paying any tax. tax would be applicable on the job work charges. the only conditon is that the material send under delivery challan for processing need to be receiv

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UNABLE TO CHECK STATUS OF IGST REFUND ON ICEGATE SITE

UNABLE TO CHECK STATUS OF IGST REFUND ON ICEGATE SITE
Query (Issue) Started By: – harkirat singh Dated:- 15-3-2018 Last Reply Date:- 27-12-2018 Goods and Services Tax – GST
Got 5 Replies
GST
Dear Sir,
We are exporting goods after payment of IGST amount @ 18% since 01.07.2017 as on date.
We are unable to check status of IGST refund on ICEGATE Site.
On site www.icegate.gov.in we are checking GSTIN Enquiry it is showing shipping bill no. and date and invoice no. and date, EGM no. and date for all the shipping bills we have filed on ICD Sonepat (INBDM6)
But when we are checking IGST Validation details on site it is showing
We have already filed Relevant GSTR return
IGST Validation Details Enquiry
No record found for Given in

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id SB Details
SB002 – EGM not filed
SB003 – GSTIN mismatch
SB004 – Record already received not validated
SB005 – Invalid Invoice Number
SB006 – Gateway EGM not available
Reply By nayan kukadia:
The Reply:
Dear Mr. harkirat singh,
I would like to inform you that many of us have the same issue , i also check in icegate igst validation but it show that No record found for given input , as my CA also don"t know what to do. i also write a email to icegate but they are also mum. if you get any solution plz update us also.
with regards,
kukadia nayan
nayankukadia@yahoo.com
Reply By HIREN KATHROTIA:
The Reply:
I AM ALSO FACING THE SAME PROBLEM OF IGST REFUND, AS IN ICE GATE SITE THERE SHOWS NO RECORD FOUND FOR GIVEN INPUT, P

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GST Refund Claims for Export of Goods Should Not Require Proof of Realization like BRC/FIRC by Law.

GST Refund Claims for Export of Goods Should Not Require Proof of Realization like BRC/FIRC by Law.
Circulars
GST
Refund of GST – BRC / FIRC for export of goods – insistence on proof of reali

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Exporters Can Claim GST Refunds on Exports Monthly or Quarterly Within the Same Financial Year.

Exporters Can Claim GST Refunds on Exports Monthly or Quarterly Within the Same Financial Year.
Circulars
GST
Refund of GST – exports of goods and services – exporter, at his option, may file refund claim for one calendar month / quarter or by clubbing successive calendar months / quarters. The calendar month(s) / quarter(s) for which refund claim has been filed, however, cannot spread across different financial years.
TMI Updates – Highlights, quick notes, marquee, annotation, news

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GST Refunds for Exports Must Align with Existing Laws; Applications for Previous Taxes Will Be Rejected.

GST Refunds for Exports Must Align with Existing Laws; Applications for Previous Taxes Will Be Rejected.
Circulars
GST
Refund of GST – exports of goods and services – taxes paid under existin

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GST Refunds Available for Exporters: Claim Credit on Goods and Services at Concessional Rates of 0.05% and 0.1.

GST Refunds Available for Exporters: Claim Credit on Goods and Services at Concessional Rates of 0.05% and 0.1.
Circulars
GST
Refund of GST – exports of goods and services – Supplies to Merch

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GST Refunds on Exports: Transitional Credits from Previous Laws Excluded from 'Net ITC' Calculations.

GST Refunds on Exports: Transitional Credits from Previous Laws Excluded from 'Net ITC' Calculations.
Circulars
GST
Refund of GST – exports of goods and services – the transitional credit pertains to duties and taxes paid under the existing laws viz., under Central Excise Act, 1944 and Chapter V of the Finance Act, 1994, the same cannot be said to have been availed during the relevant period and thus, cannot be treated as part of ‘Net ITC’.
TMI Updates – Highlights, quick notes,

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GST Export Refund Rule: Resubmitted applications can't face another deficiency memo unless initial issues persist or new issues arise.

GST Export Refund Rule: Resubmitted applications can't face another deficiency memo unless initial issues persist or new issues arise.
Circulars
GST
Refund of GST – exports of goods and services – once an application has been submitted afresh, pursuant to a deficiency memo, the proper officer will not serve another deficiency memo with respect to the application for the same period, unless the deficiencies pointed out in the original memo remain unrectified, either wholly or partly, or

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Commissioner Can Extend Export Time Limits Under GST for Post Facto Refunds Based on Case Circumstances.

Commissioner Can Extend Export Time Limits Under GST for Post Facto Refunds Based on Case Circumstances.
Circulars
GST
Refund of GST – exports of goods – Exports after specified period – the

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GST Refunds for Exports Possible Despite Delayed Letter of Undertaking Submission, Subject to Case-Specific Considerations.

GST Refunds for Exports Possible Despite Delayed Letter of Undertaking Submission, Subject to Case-Specific Considerations.
Circulars
GST
Refund of GST – exports of goods and services – The d

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GST Export Refunds Available for Eligible State Tax Credits, Even with Central Tax Drawback Received.

GST Export Refunds Available for Eligible State Tax Credits, Even with Central Tax Drawback Received.
Circulars
GST
Refund of GST – exports of goods and services – refund of eligible credit o

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High Court Orders Government to Reopen GST Portal in Two Weeks for GST Tran-1 Transitional Credit Filing Issues.

High Court Orders Government to Reopen GST Portal in Two Weeks for GST Tran-1 Transitional Credit Filing Issues.
Case-Laws
GST
Difficulties in filing of GST Tran-1 – transitional credit – HC

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Customs – Refund fortnight from 15th – 29th March, 2018 – IGST Refunds on exports

Customs – Refund fortnight from 15th – 29th March, 2018 – IGST Refunds on exports
PUBLIC NOTICE No. 11/2018-Customs Dated:- 15-3-2018 Trade Notice
Customs
OFFICE OF THE COMMISSIONER OF CUSTOMS (PREVENTNIVE)
55-17-3, C-14, 2nd Floor, Road No.2, Industrial Estate, Autonagar, Vijayawada – 520007
Phone: 0866-2551261 Fax: 0866-2551156
C. No. VIII/09/01/2017-Cus.Tech.(PF-I)
Date: 15.03.2018
PUBLIC NOTICE No. 11/2018-Customs
Subject : Regarding.
*****
Attention of the trade and all public is invited to this office Public Notice No.09/2018 dated 27.02.2018 communicating guidelines regarding Refund of IGST on exports.
2. The CBEC is observing GST refund fortnight across all its field formations from 15th 29th March, 2018 to deal

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rs/cs-circulars-2018/circ05-2018cs.pdf) communicated vide this office Public Notice No.09/2018-Customs, dated 27.02.2018 (Ref. link : http://www.apcustoms.gov.in/Public%20Notice%20No%2009%200f%202018%
* For rectification of Gateway EGM errors, options have been given to officers at ICD or at the Gateway Port, depending on the error, to make necessary amendments
* Special 'Refund Cells' with dedicated manpower and infrastructure are being operated at all Customs formations during this fortnight for speeding up the sanction of refunds. (Refer this office Public Notice No.09/2018-Customs, dated 27.02.2018)
* Customs have provided the facility on the ICEGATE to check the status of the refund claims. Please log into https://www.ic

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Frequently asked questions (FAQs) related to IGST Refunds

Frequently asked questions (FAQs) related to IGST Refunds
PUBLIC NOTICE NO. 12/2018 Dated:- 15-3-2018 Trade Notice
Customs
GOVERNMENT OF INDIA
MINISTRY OF FINANCE, DEPARTMENT OF REVENUE
OFFICE THE PRINCIPAL COMMISSIONER OF CUSTOMS (AIR CARGO),
CHENNAI-VII COMMISSIONERATE,
NEW CUSTOM HOUSE, MEENAMBAKKAM, CHENNAI – 600027.
F. No.: S.Misc.09/75/2017- EXP.(Air)
Dated: 15.03.2018
PUBLIC NOTICE NO. 12/2018
Subject: Reg.
******
Kind attention of Exporters, Members of Trade, Customs Brokers, Industry Associations and other stake holders are invited to Boards Instructions in F.No.450/119/2017-Cus.IV dated 15.02.2018/ wherein possible issues/errors in Refund of IGST paid on exports is discussed. This office has been continuously receiving representations from exporters and trade association in relation to pending IGST refunds. In order to bring clarity, the Frequently Asked Questions (FAQs) on IGST refund issues are enclosed herewith for the benefit of the Exporters/ Trade a

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the CGST Act, 2017; under either of the following options, namely:.
(1) He may supply goods or services or both under bond on letter of undertaking,
subject to such conditions, safeguards and procedure as may be prescribed,
without payment of integrated tax and claim refund of unutilised input tax
credit of CGST, SGST / UTGST and IGST; or
(II) He may supply goods or services or both, subject to such conditions,
safeguards and procedure as may be prescribed, on payment of integrated
tax and claim refund of such tax paid on goods or services or both supplied.
Q3 What is IGST refund?.
Ans. The second category, mentioned above, pertains to refund of integrated tax paid
for the zero-rated supplies made by suppliers who opt for the route of export on
payment of integrated tax and claim refund of such tax paid. There can be two sub-
categories of such suppliers namely:
(i) Exporter of goods
Service exporters and persons making supplies to SEZ
Q.4 Who can get IGST refunds from C

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nism to
automatically process and grant refund after validating the shipping bill data available in
ICES against the GST return data transmitted by GSTN. Manual intervention would be
limited to only exceptional cases where automatic validation becomes impossible due
to some technical errors. Such exceptional cases would be only those which would be
approved by the Board and the procedure in those cases would be separately laid out.
Q.7 I have filed my GST returns but still my refund is not sanctioned.
Ans. The IGST refund would not be processed if it fails any validation at the level of
either GSTN or Customs system. Validation errors occur due to various deficiencies,
which are enumerated here-in-after.
Q. 8 What are the reasons for data not being transmitted from GSTN to Customs
'system?
Ans. It has been observed that a number of records have not been transmitted by GSTN
to the Customs system which could be on account of various errors that have occurred
in the validati

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helpdesk.
Q. 10 How can I find whether my refund data has been successfully transmitted by
GSTN to Customs or not?
Ans. GSTN is reportedly working on a feedback/message system so as to inform the
exporters about such failed validations. At present, the Customs
system. does not have
any information about the reasons for which validation at
GSTN has failed. However, for
all those records which have been successfully transmitted
to Customs system, the
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report can be generated at the end of field officers. Even the exporter has the option to
check the GST validation status for his shipping bills in his ICEGATE website login for all
records transmitted by GSTN.
Q. 11 I have filed correct information in GST return but still, my refund is not sanctioned.
Ans. In cases where the exporter has filed correct information in the GST returns
and it gets, successfully validated by the GSTN, it is thereafter transmitted
electronically to the Customs system wherein the GST ret

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ch could be a clerical error
made by the exporter at the time of filling of GSTR 1/Table 6A, which can be.
rectified by making amendments in GSTR 1 by using Form 9A. Form 9A has been
made available by GSTN w.e.f. 15.12.2017 in exporter's login at the GST common.
portal.
:
Q. 13 What should be done for error code SB002?
Ans. Exporter has to approach their shipping line/airline/carrier to file the EGM
•
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immediately.
Q. 14 What should be done for error code SB0037
Ans. This error occurs when GSTIN declared in the SB does not match with the
GSTIN mentioned in the corresponding GST return. In this case too, the exporter
has to make necessary changes in GSTR 1 by use of amendment Form 9A.
Exporters should note that there is no provision of amendment in the shipping bill
once the EGM is filed.
Q. 15 What should be done for error code SB004?
Ans. This error occurs due to duplicate/repeat transmission of shipping bill
invoice record from GSTN. The previous tran

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GST invoice after implementation of GST
since as per the
GST law, IGST is to be paid on the actual transaction value of the supply
between
the exporter and the consignee, which should be the same as
the one declared in
the commercial invoice.
If SB005 is due to a data entry mistake in GSTR 1, it can be amended in Form 9A.
But any mistake in the SB cannot be amended once EGM is filed.
Also, if the
exporter has used a separate invoice in the SB, he cannot
include that in his GSTR
1 in lieu of his GST invoice. Thus, SB005 error, as of now,
cannot be corrected by
–
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any amendment either in GSTR 1 or in the shipping bill.
For these cases, a mechanism is being considered by the Board to make the
requisite corrections manually in line with the recent amendments in Rule 96 of the
CGST Rules, 2017. The said mechanism is expected to be available-shortly. It may,
however, be noted that these interim workarounds shall only be available as a one-
time measure for the p

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. This report shows the response/error
code for each of his SBs wherever data has been received from GSTN.
The exporter also has the option to view the SB details relevant for IGST
validation on the ICEGATE website. The exporter can view this while filing the
GST retums and ensure that the details are entered accurately in the returns.
as well so that no mis-match occurs.
+
(II) In case, the exporter's account is not validated by PFMS, he may approach
jurisdictional Customs Commissionerate with correct account details and get
it updated in ICES.
(iv) If the exporter is not getting the refund due to suspension/alert on his IEC, he
may clear his dues or submit e-BRC and have the suspension revoked.
Q. 19. The shipping bill has been transmitted by GSTN to Customs and there is no error
In the refund claim. But still the refund has not been received in the bank account.
Ans. SB000 (Successfully Validated) is the response code which comes when all the
decided parameters like G

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temporary IGST scroll but
not in the final scroll. This could happen if there is an alert/suspension on the IEC in
ICES or if the account of the IEC is not validated by PFMS.
Q. 20 What is the course of action if there are multiple errors in the refund claim?
Ans. Each such error would be required to be corrected individually in order to get.
refund.
Q. 21 In case of errors, where should I contact for necessary action?
Ans. The following steps could be followed in case of errors in processing of refunds:
When the records have not been transmitted by GSTN to Customs, exporters
may contact GSTN helpdesk.
i)
iii)
iv).
Wherever the error is SB002/SB006, exporter may approach their shipping
line/airline/carrier to file the EGM immediately.
In cases where the temporary scroll is generated but it's not included in the
final scroll, the exporters are advised to furnish correct
bank account details to
the proper officer (Customs field formation) In order to update
the same in

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Special Drive as “IGST/ITC Exports Refund Fortnight” conducted to liquidate the pendency of IGST Refund on export on account of various error codes

Special Drive as “IGST/ITC Exports Refund Fortnight” conducted to liquidate the pendency of IGST Refund on export on account of various error codes
PUBLIC NOTICE NO. 10/2018 Dated:- 15-3-2018 Trade Notice
Customs
OFFICE OF THE COMMISSIONER, CUSTOMS (PREV.), JAMNAGAR
SARDA HOUSE', OPP.PANCHAVATI SOCIETY, BEDI BUNDER ROAD, JAMNAGAR – 361008
F.No.VIII/48-168/Cus-T/2017
Date: 15.03.2018
PUBLIC NOTICE NO. 10/2018
Sub: Special Drive as "IGST/ITC Exports Refund Fortnight" conducted to liquidate the pendency of IGST Refund on export on account of various error codes.
Attention of the Exporters, Customs Brokers and other stake holders is invited to various efforts being made by the central Board of Excise & Customs to liquid

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ell -1:
Sr. No.
Name and designation of the (Sh.)
Email Id
mobile No.
1.
H.K. meshram, Assistant Commissioner
cuspipavav@rediffmail.com
9913152508
2.
Pravin Gawande, Superintendent
9925916316
3.
Kamlesh Pandey, Inspector
8000994377
4.
Arvind Kumar Singh, NIC Engineer
9712017557
Special Refund Cell – 2:
Sr. No.
Name and designation of the (Sh.)
Email Id
mobile No.
1.
H.C. Verma, Deputy Commissioner
cuspipavav@rediffmail.com
9723184523
2.
Johny Fernandis, Superintendent
9978200010
3.
Devendra Singh, Inspector
8000708275
4.
Arvind Kumar Singh, NIC Engineer
9712017557
4. In case of any difficulties faced at Special Refund Cells during this special Drive, the exporters / stake holders may contact the below men

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Formation of IGST Refund Special Refund Cell

Formation of IGST Refund Special Refund Cell
PUBLIC NOTICE NO.13/2018 Dated:- 15-3-2018 Trade Notice
Customs
=============
Document 1
and walk
आयुक्त, सीमा शुल्क का कार्यालय, कांडला
OFFICE OF THE COMMISSIONER OF CUSTOMS,
न्यू कस्टम हाउस,
This cl
NEW CUSTOM HOUSE, KANDLA-370 210
Phone No:02836-271468/469, Fax No.02836-271467
F. No. S/20-72/PN/IGST Ref/AG/2017-18
PUBLIC NOTICE NO.13/2018
Dated: 15/03/2018
Subject: – reg.
Attention of all Importers/Exporters, Custom Brokers, Members of
the Trade

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ikas Bagdi
Inspector
9712456270
Document 2
1
Further, Shui U. B. Ralche, Additional Commissioner, Custom House
Kandla Contact No. 09836-271473, e-mail id ubakhepoy.in,
ub.calche@nic.in, is nominated as nodal officer, who can be contacted for
the issues related to IGST Refund.
As a Special drive to clear the pendency of the IGST refunds claims,
the Deputy
Assistant Commissioner (DBK) will hold regular meetings with
trade, at Chamber of Commerce & Industries at Gandhidham.
Purther, Sh. N. R. Meena, Superintendent, contact No. 940845231 Land Sh
Praveen Kumar, Preventive Officer, contact No. 8600832241, would be available at
office of Chamber of Commerce & Industries at Gandhidham, from 16.03.2018 to
collect applications related t

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IGST (EXPORTS) REFUND FORTNIGHT

IGST (EXPORTS) REFUND FORTNIGHT
14/2018 Dated:- 15-3-2018 Trade Notice
Customs
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
OFFICE OF THE COMMISSIONER OF CUSTOMS
CUSTOM HOUSE, WILLINGDON ISLAND, COCHIN-682009
F.No.S32/08/2018DBK.Cus
Date: 15.03.2018
Public Notice 14/2018
Subject: Reg.
Attention is brought to the notice of the trade, exporters and all stake holders regarding special measures taken by Central Board of Excise 8v Customs on liquidation of pendency of IGST Refund Claims.
It is seen that about 120 Crores of IGST Refunds of exports through Port of Cochin are pending for clearance. We have noticed that these are pending disbursal due to errors committed by exporters while filing shipping bill

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Liquidation of pendency of IGST Refund on export on account of various error codes

Liquidation of pendency of IGST Refund on export on account of various error codes
14/2018 Dated:- 15-3-2018 Trade Notice
Customs
OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS
CUSTOMS HOUSE, NAVARANGPURA, AHMEDABAD, 380009.
F. No. Vill/48-21 /Cus/Sys/2017-18 Date: 15.03.2018
Public Notice No. 14/2018
SUB:-Liquidation of pendency of IGST Refund on export on account of various error codes
Attention of the Exporters, Customs Brokers and other stake holders is invited to various efforts being made by the Central Board of Excise and Customs to liquidate Pendency in IGST refund claims. In continuation of the same, a Special Drive as "IGST/ITC Exports Refund Fortnight" is being conducted from 15th March to 29th March, 201

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ira Port
Shri B.L. Meena
inbrc6igstrefund@gmail.com
0265-2242160
Surat HiraBourse
Shri Nitin Tagade
inhzaligstrefund@gmail.com
0261-2207685
ICD Tumb
Shri Ghanshyam Soni
inhir6igstrefund@gmail.com
0261-2397659
ICD Valvada
Shri Raghuvansh Kumar
insaj6igstrefund@gmail.com
02632-227154
ICD Valvada
Shri Raghuvansh Kumar
invpi6igstrefund@email.com
02632-227154
Magdalla Port
Shri R.K. Tiwari
inmdaligstrefund@gmail.com
0261-2207685
3. Further Shri Bharat Prakash, Joint Commissioner, Customs, Ahmedabad is nominated as Nodal Officer. His email id is bharat.prakash@icegate.gov.in and contact No. is 079-27543041. Problems being faced while processing of the refund claim may be brought to the notice of nodal officer.
Yours faith

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M/s. Solux Galfab (P) Ltd., Shri Anand Singh Baid, Shri Karan Singh Baid and Shri Sidharth Baid Versus Commr. of CGST & CX- Kol. South

M/s. Solux Galfab (P) Ltd., Shri Anand Singh Baid, Shri Karan Singh Baid and Shri Sidharth Baid Versus Commr. of CGST & CX- Kol. South
Central Excise
2018 (7) TMI 516 – CESTAT KOLKATA – TMI
CESTAT KOLKATA – AT
Dated:- 15-3-2018
Excise Appeal Nos.75064 to 75067/2018 – FO/75837-75840/2018
Central Excise
SHRI P.K. CHOUDHARY, JUDICIAL MEMBER
Sri B.N. Chattopadhyay, Consultant – FOR APPELLANT(S)
Sri D. Haldar, A.C. (A.R.) – FOR THE RESPONDENT(S)
ORDER
Per P.K. CHOUDHARY
Briefly stated the facts of the case are that the appellant company  M/s. Solux Galfab Private Limited is engaged in the manufacture of Tower and Tower components classifiable under Chapter 73 of the CETA.
2. A Show Cause Notice dated 24.12.2014 wa

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Adjudication Order. Hence the appellants filed these appeals.
4. Heard both sides and perused the appeal records.
5. The Learned Counsel appearing on behalf of the appellants submitted that the appellant placed Orders to M/s. DSL for supply of the material. They paid the amount by cheque and received the goods in their factory duly recorded in the Cenvat Account. It is also submitted that the goods were accompanied with Central Excise Invoice indicating Registration Certificate number of M/s. DSL. The Learned Counsel further submitted that it is evident from the records that the Inspector of the Central Excise, Anti Evasion, received the letter dated 07.12.12 of M/s. DSL which would show the existence of M/s. DSL.
6. I find that the depa

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CCE, Salem, M/s. Diafina Enterprises, M/s. C. Kalavathy and M/s. Sangamitra Service Agency Versus M/s. Mukesh & Associates, CCE, Salem and Commissioner of GST & CE, Chennai South

CCE, Salem, M/s. Diafina Enterprises, M/s. C. Kalavathy and M/s. Sangamitra Service Agency Versus M/s. Mukesh & Associates, CCE, Salem and Commissioner of GST & CE, Chennai South
Service Tax
2018 (6) TMI 381 – CESTAT CHENNAI – TMI
CESTAT CHENNAI – AT
Dated:- 15-3-2018
ST/41149/2014-DB, ST/41202/2013-DB, ST/42002/2015-DB, ST/248/2010-DB – Final Order No. 40801-40804/2018
Service Tax
Ms. Sulekha Beevi C.S., Member (Judicial) and Shri V. Padmanabhan, Member (Technical)
Shri S. Govindarajan, AC (AR) for the Appellant
Shri Akhil Suresh, Advocate for the 1st Respondent
Smt. L. Maithili, Advocate for the 2nd to 4th Respondents
ORDER
The issue arising in all these appeals being the same, they were heard together and are disposed by this common order.
2.  The ld. Advocates appearing for the appellants submitted that demand of service tax has been raised on the reimbursable expenses which cannot be included in the total taxable value of services for levy of servi

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upra.  The relevant portion is reproduced as under:-
“29) In the present case, the aforesaid view gets strengthened from the manner in which the Legislature itself acted. Realising that Section 67, dealing with valuation of taxable services, does not include reimbursable expenses for providing such service, the Legislature amended by Finance Act , 2015 with effect from May 14,2015, whereby Clause (a) which deals with consideration is suitably amended to include reimbursable expenditure or cost incurred by the service provider and charged, in the course of providing or agreeing to provide a taxable service. Thus, only with effect from May 14,2015, by virtue of provisions of Section 67 itself, such reimbursable expenditure or cost would also form part of valuation of taxable services for charging service tax. Though, it was not argued by the learned counsel for the Department that Section 67 is a declaratory provision, nor could it be argued so, as we find that this is a substanti

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and features as also in the implication as to its meaning that arise by presumptions as to the intent of the maker thereof.
28. Of the various rules guiding how a legislation has to be interpreted, one established rule is that unless a contrary intention appears, a legislation is presumed not to be intended to have a retrospective operation. The idea behind the rule is that a current law should govern current activities. Law passed today cannot apply to the events of the past. If we do something today, we do it keeping in view the law of today and in force and not tomorrow's backward adjustment of it. Our belief in the nature of the law is founded on the bedrock that every human being is entitled to arrange his affairs by relying on the existing law and should not find that his plans have been retrospectively upset. This principle of law is known as lex prospicit non respicit: law looks forward not backward. As was observed in Phillips v. Eyre [(1870) LR principle that legislation by

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Ford Motor Private Ltd. Versus CGST & Central Excise, Chennai South Commissionerate

Ford Motor Private Ltd. Versus CGST & Central Excise, Chennai South Commissionerate
Service Tax
2018 (6) TMI 380 – CESTAT CHENNAI – TMI
CESTAT CHENNAI – AT
Dated:- 15-3-2018
ST/41049/2016 to ST/41069/2016 – FINAL ORDER No. 40837-40857/2018
Service Tax
Ms. Sulekha Beevi C.S. Member (Judicial) and Shri V. Padmanabhan, Member (Technical)
Shri Rabeen Jayaram, Advocate For the Appellant
Shri  K. Veerabhadra Reddy, JC (AR) For the Respondent
ORDER
The MAs filed by Revenue for change of cause title are allowed.
2.  The present set of appeals have been filed against the impugned Order-in-Appeal Nos.103 to 123/2016 (STA-I) dt. 22.2.2016 passed by the Commissioner of Service Tax (Appeals-I) Chennai. In the said OIA, the Commissioner (Appeals) has disposed of a batch of 21 appeals filed before him against various orders-in-original covering the period September 2009 to March 2012. 
3.  The dispute in all these cases is refund of unutilized cenvat cre

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ent before Tribunal which were decided vide Final Order No. 40658-40671 / 2018 dt. 14.03.2018.  He submitted that the order passed by the Commissioner (Appeals) pertaining to the period prior to January 2012 covered in the present impugned order is infructuous and the order passed should be considered as null and void.
4.2  With reference to Appeal No.ST/41065/2016, covering the period January 2012 to March 2012, the counsel submitted that the appellant will be entitled to the cenvat credit already availed under Rule 2 (l) of the CCR 204. Accordingly, the refund under Rule 5 is to be paid to the appellant.  However, he fairly concedes that the FIRCs for an amount of Rs. 49,54,919/- was not produced before the lower authorities at the time of consideration of the refund claims.  He further submits that such FIRCs have since been received and appellant is in a position to produce the same for verification, if an opportunity is given.
4.3  Ld.counsel also submit

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from 1.4.2011.
6.  Heard both sides and perused the records.
7.  The Commissioner (Appeals) in the impugned order has disposed of 21 appeals filed before him.  After perusal of records, we find that, as pointed out by the appellant, the issues pertaining to the period prior to January 2012 stands already disposed of by the Commissioner (Appeals) in his earlier order. Since the finding in the present order appears to have been passed without noticing such fact, we have no hesitation in holding that this part of the order of the Commissioner (Appeals) order is null and void since the same had already been decided by his earlier order. To this extent, we dispose of Appeals ST/41049-41069/2016 (other than ST/41065/2016) as infructuous.
8.  Next, we turn to the disputes for the period January 2012 to March 2012.  The appellant has availed cenvat credit in respect of various services namely Air Travel Agent, Business Auxiliary Service, Courier Agency, Custom Hous

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tted by the appellant that FIRCs for an amount of Rs. 49 lakhs, which could not be produced before the lower authorities during  the earlier proceedings, are now available with the appellant and can be produced for verification. In view of the above submissions, we are of the view that a further opportunity is required to be given to the appellant for submission of such FIRCs for verification before the original authority who will consider the same before passing order in the de novo proceeding for the period Jan-March 2012.
10.  From a perusal of the earlier OIA No.89 to 110/2014 (M-ST) dt. 14.03.2014, it is seen that the issue whether the credit utilized can be deducted from the total credit availed by the appellant for applying the formula has been held in favour of the assessee. Following the same, we set aside the method of arriving at the refund claim by the authorities below in the present order.
11.  In the result, the impugned orders in respect of Appeal Nos.

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COMMISSIONER OF CGST AND C. EX. Versus SAI CONSULTING ENGINEERING PVT. LTD.

COMMISSIONER OF CGST AND C. EX. Versus SAI CONSULTING ENGINEERING PVT. LTD.
Service Tax
2018 (5) TMI 1425 – GUJARAT HIGH COURT – 2018 (15) G. S. T. L. 708 (Guj.)
GUJARAT HIGH COURT – HC
Dated:- 15-3-2018
TAX APPEAL NO. 123 of 2018
Service Tax
MR. AKIL KURESHI AND MR. B. N. KARIA, JJ.
For The Petitioner : Priyank P Lodha (7852)
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
The appeal is filed by the department challenging the judgment of CESTAT dated 13.6.2017 raising the following question for our consideration :
“Whether in the facts and circumstances of the case and law, the Hon'ble Tribunal has committed substantial error of law by quashing and setting aside the OIO dated 6/5/2011 holding that si

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the cases of nonpayment of tax on any ground whatsoever. The penalty that authority could impose under Section 78 is hundred per cent of the amount of the service tax evaded. On the other hand, the penalty under Section 76 which could be imposed is at the fixed amount per day for the entire duration of the failure to deposit the tax which, in any case, would not exceed fifty percent of the service tax payable.
10. The tenor, background and the purpose for which the penalty could be imposed under Section 78 of the Finance Act, 1994, is entirely different than in case of Section 76 of the Finance Act, 1994. However, the language of Section 76 did not specifically exclude the situation; otherwise covered under Section 78 namely nonpayment o

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e nature of this further proviso and the relevant position of the two statutory provisions both pertaining to penalty, we are convinced that the proviso was in the nature of clarificatory amendment and not creating a liability for the first time. Even without the aid to this further proviso to Section 78, one entire plausible view was that the situation envisaged under Section 76 of the Finance Act, 1994, would exclude those cases covered under Section 78 of the Finance Act, 1994. In other words, Section 76 of the Finance Act, 1994, would cover only the cases of nonpayment of service tax which are not related to fraud, collusion, willful misstatement, suppression of facts or contravention of any of the provisions of the said Chapter or the

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