CESTAT Kolkata held that recovery of cenvat credit alleging receipt of only paper invoice without actual receipt of inputs is not tenable due to incomplete investigation carried out on the part of the department. Also held that recovery is not sustainable since vendor is not made co-noticee.
GST in India presents a mixed bag for MSMEs, streamlining taxes but burdening small firms with digital compliance. Future reforms are needed for equitable growth.
Delhi High Court held that concluded and closed assessments cannot be reopened merely on suspicion. Accordingly, reopening of assessment is liable to be quashed since there is no tangible material that has a live nexus to reason to believe that the income has escaped assessment.
Karnataka High Court held that service of software development to overseas service recipients are that of an independent service provider which qualify as export of services under the service tax provisions and 2(6) of the IGST Act. Accordingly, refund granted and petition allowed.
CESTAT Delhi held that bank charges paid to foreign bank is not taxable in India under Reverse Charge Mechanism as the said services has been provided outside the taxable territory and hence outside the purview of section 66B for levy of service tax.
Himachal Pradesh High Court clarifies that payments made “under protest” against alleged ITC discrepancies do not constitute an admission of GST liability. The Court quashed interest and penalties imposed on Shyama Power India Ltd., directing re-issuance of demand to allow appeal.
The Sikkim High Court’s judgment in SICPA India breathes fresh life into a long-standing debate on the right to claim refunds upon business closure under GST.
Effective October 10, 2024, GST became payable under Reverse Charge Mechanism (RCM) when a registered person rents a commercial property from an unregistered person.
IFSCA’s 24th meeting greenlights frameworks for Transition Bonds, Third-Party Fund Management Services, TechFin, and new regulation-making processes. IFSCA also joins IOPS as a Governing Member.
SEBI’s consultation paper outlines proposals to enhance governance for Market Infrastructure Institutions (MIIs), focusing on executive appointments, roles, and directorship norms.
