TaxTMI 
TaxTMI 
2026 (10) TMI 624
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the capacity of Authorized Officer under sub-section (3) of Section 107 of the CGST Act against the Order-in-Original bearing Ref No. ZT1911210203113 dated 17.11.2021 passed by the Assistant Commissioner of CGST and Central Excise, Siliguri Division, Siliguri Commissionerate. 2. The respondent i.e., M/s Rajshahi Banijya Private Limited (19AACCR3475M1ZU) situated at 1st Floor, Bishwakarma Weigh Bridge Building, Burdwan Road, Jalpanimore, Siliguri - 734 005 is engaged in the supply of tea falling under HSN 0902 which attract GST @ 5% both in the domestic market as well as the international market i.e., exporting the goods without payment of tax. In the present case, the respondent is claiming refund of accumulated Input Tax Credit (in short 'ITC') on export of goods without payment of tax under Section 54(3)(i) of the CGST Act, 2017 on regular basis. 3. The Revenue (petitioner herein) have disclosed that the respondent has filed for refund of accumulated ITC for export of goods without payment of tax for an amount of Rs. 2,79,084/- for the period from April 2021 to June 2021 with the jurisdictional Officer i.e., the Assistant Commissioner of CGST and Central Excise, Siliguri D....
X X X X Extracts X X X X
X X X X Extracts X X X X
....acts and circumstances of the case and wrongly allowed the adjustment of credit notes to arrive the value of adjusted total turnover for the purpose of refund calculation as prescribed under Rule 89(4) of the CGST Rules, 2017. 5.2 Apart from the above ground, there are no other grounds of appeal raised by the Revenue. 6. Shri Dulal Sinha Ray, Superintendent, CGST, Authorized Representative of the Revenue appeared through virtual mode and argued the case at length. He reiterated the facts and submissions which are already submitted in the Grounds of Appeal filed by the Revenue. 7. We have heard the arguments of the petitioner on the point of admission. The appeal was admitted and accordingly notice was issued to the respondent. The respondent filed his authorization and appeared through Shri S N Dhuria, Ld. Advocate. The Ld. Advocate has filed his Cross Objection against the instant appeal and is as under: 7.1 The respondent contended in respect of credit notes that the first Appellate Authority has rightly concluded that the credit notes do not form part of the taxable supplies and therefore must be adjusted while computing adjusted total turnover as prescribed in Rule ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....oned against the said credit notes. On perusal of the OIA, it is noticed that first Appellate Authority have discussed the issue in detail and have observed that the deduction of credit note amount from the outward taxable supply for the purpose of adjusted total turnover. Further, the first Appellate Authority has also relied upon the certificate issued by the Chartered Accountant namely Prabhakar Pal & Associates, FRN 332626E vide UDIN 23055067BGRXCT3743 dated 19.01.2023 wherein it was certified that the respondent has issued credit notes amounting to Rs. 12,04,575/- during the period from April 2021 to June 2021. We also perused the CA certificate issued by Prabhakar Pal & Associates. On perusal of the said certificate along with other related documents, we have noticed that the entries mentioned in the said Certificate involving Credit notes amounting to Rs. 12,04,575/- are matching with GSTR-1 statements filed for the period from April 2021 to June 2021 (April 2021 - Rs. 7,14,444/-, May 2021 - Rs. 1,29,239/- and June 2021 - Rs. 3,60,890/-). We have also examined GSTR-1 voucher register along with the CA Certificate submitted by the respondent and found that the major credit no....
X X X X Extracts X X X X
X X X X Extracts X X X X
....priate to mention here the provisions contained in sub-section (2) of Section 34 of the CGST Act, 2017 as under: "34(2) Any registered person who issues a credit note in relation to a supply of goods or services or both shall declare the details of such credit note in the return for the month during which such credit note has been issued but not later than 3[the thirtieth day of November] following the end of the financial year in which such supply was made, or the date of furnishing of the relevant annual return, whichever is earlier, and the tax liability shall be adjusted in such manner as may be prescribed: *3. Substituted (w.e.f. 1st October, 2022 vide Notification No. 18/2022 - CT dated 28.09.2022.) by s. 102 of The Finance Act 2022 (No. 6 of 2022). for "September". On plain reading of the above provision, it can be inferred that the statute prescribes a time limit for issuing credit note(s). As the material period is pertaining to the Financial Year 2019-20, the respondent is permitted to issue credit notes within 30th September, 2020. However, the respondent has issued the said credit notes amounting to Rs. 1,01,510/- pertaining to invoices raised durin....