CESTAT Delhi held that contracts involving execution of work along with use of materials were correctly classifiable as works contract services and upheld the reduced service tax demand.
The Tribunal held that Section 43B cannot be invoked where the assessee has not claimed the GST liability as a deduction. Since the amount was not debited to the profit and loss account, the disallowance was deleted.
The Court granted bail after taking note of the petitioner’s extended incarceration and the lack of criminal antecedents. It held that continued detention was not warranted at that stage.
The Court quashed a GST assessment order passed ex parte and remanded the matter for fresh adjudication, holding that the petitioner should be given another opportunity to present its case.
The Allahabad High Court declared the arrest illegal after noting deficiencies in the arrest memo and the absence of a CBIC-DIN on the grounds of arrest. The petitioner was ordered to be released forthwith.
The Andhra Pradesh High Court held that depositing money into the electronic cash ledger does not discharge GST liability. Tax is treated as paid only when the amount is debited and appropriated to the Government account, making interest payable for the delay.
The Court held that allegations of organized tax evasion are covered by the exception in CBDT Circular No. 5/2024 and therefore cannot be dismissed solely on the ground of low tax effect.
The Delhi High Court held that expenditure on gifts, boarding, and lodging incurred for a General Body Meeting was allowable under Section 37. The Court ruled that expenses incurred to fulfill statutory obligations constitute business expenditure.
The High Court accepted a mediation settlement resolving long-pending land acquisition disputes involving compensation, interest, and pending proceedings. The settlement was treated as a final and binding resolution between the parties.
The Tribunal held that once a Section 35D claim was accepted in earlier years, it could not be disallowed in the final amortization year without disturbing the original allowance. The disallowance of preliminary expenses was therefore delete