Case Law Details
CJ Darcl Logistics Limited Vs Union of India Represented Through The Secretary (Jharkhand High Court)
The Hon’ble Jharkhand High Court in M/s. CJ Darcl Logistics Limited v. Union of India [W.P.(T) No. 215 of 2022 dated February 9, 2023] has quashed and set aside the Show Cause Notice (“SCN”) and the consequent orders demanding reversal of excess Input Tax Credit (“ITC”), on the ground that, the same were passed without providing the opportunity of personal hearing to the assessee. Hence, violative of principles of natural justice. Held that, the SCN was vague and cryptic in nature and the orders passed were beyond the scope of the SCN.
Facts:
M/s. CJ Darcl Logistics Limited (“the Petitioner”) is a public limited company engaged in the business of providing inter alia Goods Transportation Agency (“GTA”) services registered under Reverse Charge Mechanism (“RCM”) in Jharkhand and also registered under Forward Charge Mechanism (“FCM”) as certain customers of Petitioner were willing to discharge the liability under RCM and some customers were not so willing. Thereafter, under a bonafide mistake, the Petitioner deposited the amount of GST totalling to INR 1,70,12,325/- in its Electronic Cash Ledger (“ECL”) of RCM registration instead of depositing it in the ECL of the FCM Registration. The Petitioner again deposited the same amount in the ECL of the FCM registration to file GSTR-3B return. As there was double payment and the amount was lying as excess balance in the ECL of the Petitioner, an application for refund in FORM GST RFD-01 was filed on April 18, 2021.
Further, a SCN dated May 17, 2021 (“the Impugned SCN”) on the refund application under Section 54 of the Central Goods and Services Tax Act, 2017 (“the CGST Act”) was issued in respect of RCM Registration. The Petitioner furnished its reply to the Impugned SCN but the claim was rejected by Order-in-Original dated June 14, 2021 (“the OIO”) in Form GST RFD-06 passed by the Revenue Department (“the Respondent”) on the grounds that, the Petitioner had taken benefit of ITC of INR 4,57,27,369/- in excess due to the reason that, it had taken two GST Registrations in the same state.
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