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Subhajit Leather Works-vs-Kamal Puggal, Joint Commissioner CGST & Cx-2026-juristway.com-3317-GSTAT(Kolkata)-GST
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2026-juristway.com-3317-GSTAT(Kolkata)-GSTSubhajit Leather Works v Kamal Puggal
✓ Good LawRemanded2 Judge Bench
TreatmentNot yet cited by a later judgment
2026-juristway.com-3317-GSTAT(Kolkata)-GST

Subhajit Leather Works

versus

Kamal Puggal, Joint Commissioner CGST & Cx

Court - Bench
GST Appellate Tribunal (GSTAT) - Kolkata
Date of Judgment
06 November 2026
Judges
Mr. Anindya Mitra, Member (Technical), Mr. S.G. Chattopadhyay, Member (Judicial)
Case Number
APL/64/KLK/2026
Advocate (Petitioner)
Mr. Arup Dasgupta - Ld. Advocate
Advocate (Respondent)
Shri Samarjeet Kumar - Superintendent, CGST
Quick ref
Takeaway

April 2021 to March 2022 | Refund claim of Rs. 9,06,045 | Rejection set aside; remanded for re-examination Unreported SEZ Supplies — Refund Remanded for Reconciliation Refund under Rule 89(4) depends on zero-rated turnover correctly reported in GSTR-3B and GSTR-1. Where SEZ supplies were omitted or misreported and the claim raises disputed facts, the claim should be remanded for invoice-wise reconciliation and verification of invoices, endorsements and the LUT, rather than rejected outright.

Digest & Analysis
Litigation Digest

In Subhajit Leather Works v. Kamal Puggal, Joint Commissioner CGST & CX, 2026-juristway.com-3317-GSTAT(Kolkata)-GST, where the appellant claimed refund of Rs. 9,06,045 for April 2021 to March 2022 on supplies to SEZ without payment of tax, but its GSTR-1, GSTR-3B and GSTR-9 reported no SEZ supplies and the first appellate authority found its statements contradictory, the Hon'ble GST Appellate Tribunal, Kolkata Bench held that the Rule 89(4) formula requires zero-rated supply to be correctly reported in the returns, and noted the appellant's gross negligence in omitting the supplies (paras 6–7). As the claim involved disputed facts and needed reconciliation, the impugned order was set aside and the matter remanded (paras 8–10). The appellant must file an invoice-wise reconciliation, invoices, shipping bills, Specified Officer endorsements and the LUT within four weeks, and the proper officer must pass a speaking order under Rule 92 within four weeks of the hearing (para 10).

✎ Editor's Note

Practice point: The four-week period runs from communication of the order. The reconciliation should map every invoice across GSTR-1, GSTR-3B, GSTR-9 and RFD-01, and separate SEZ supplies from exports under LUT, since the turnover figures on record do not match one another.

Risk: The Hon'ble Tribunal recorded "gross negligence" in the reporting. A remand does not cure misreporting, and the proper officer may still reject the claim if the SEZ endorsements under the first proviso to Rule 89 are not produced.

Practice point: Before filing any refund for zero-rated supply, check that Table 6 of GSTR-1 and the GSTR-9 tables classify exports and SEZ supplies correctly. Corrections in returns are time-limited, while refund officers read turnover directly from those returns.

Disclaimer: This content reflects the editor's personal views and should not be treated as a legal opinion or professional advice.

Full Text
Judgment & Order
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