CESTAT Hyderabad set aside a service tax demand on rent-a-cab services provided to an SEZ unit after holding that the SEZ Act has overriding effect over the Finance Act notification. The Tribunal ruled that exemption cannot be denied based on the notification’s condition when Section 26 of the SEZ Act provides the benefit.
The Tribunal held that the assessee wrongly availed Cenvat credit on Bills of Entry already used by its manufacturing unit. The demand and penalty were upheld as the credit had no nexus with service activities.
CESTAT Kolkata held that horticulture activities such as garden maintenance and plant care fall within agricultural services and are not liable to Service Tax. The Tribunal therefore set aside the major portion of the tax demand raised on this turnover.
A representation has urged reconsideration of GSTAT Procedure Rules requiring all relied-upon documents to be filed with the appeal. It argues that the requirement could risk loss of statutory appeal rights within the limited filing period.
The Madras High Court quashed a GST assessment order after finding that it was passed without granting the taxpayer an opportunity of personal hearing. The case was remanded for fresh adjudication with proper notice and hearing.
The High Court dismissed the writ petition noting that the assessment order remained unchallenged for nearly eleven months, but allowed the taxpayer to file an appeal with additional deposit.
The court found that the statutory requirement for service of notice was not met when the department relied only on portal-based communication after cancellation of registration.
NCLAT Delhi held that cartelisation and bid rigging/ collusive bidding in tender is clearly established in public welfare tender by common IP address and identical bidding. Accordingly, penalty for being engaged in bid rigging and cartelisation duly imposed.
The High Court ruled that the recovery notice could not be challenged as the assessment order determining interest and penalty was not appealed and had attained finality.
जीएसटी की धारा 108 के तहत आयुक्त या अधिकृत अधिकारी अधीनस्थ अधिकारी के आदेश की जांच कर उसे संशोधित कर सकते हैं। यह शक्ति तब प्रयोग होती है जब आदेश राजस्व के हित के प्रतिकूल या कानूनी रूप से त्रुटिपूर्ण पाया जाए।
