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Modular Employment Scheme: Outside Ambit of Service Tax

July 25, 2023 480 Views 0 comment Print

CESTAT Chandigarh held that the modular employment scheme is a vocational training programme and vocational training activity is outside the ambit of service tax, as exempted vide Notification No. 24/2004-ST dated 10.09.2004.

Appellate Court Cannot enhance Fines Beyond Magistrate’s Jurisdiction under IPC Sections 419 & 420

July 25, 2023 1605 Views 0 comment Print

Chhattisgarh High Court held that enhancement of fine amount u/s 419 & 420 of IPC exceeding the jurisdiction of the Magistrate by the appellate Court is not in accordance with law and the same is not sustainable.

Calibration Tests & Appliance Upgrades don’t Constitute Manufacturing

July 25, 2023 417 Views 0 comment Print

CESTAT Kolkata held that activity undertaken by the appellant as calibration tests and upgradation/configuration of the appliances according to the requirements/specifications of the customers, does not amount to manufacture as no new product came into existence.

Matter remanded for fresh re-consideration as cross-examination of key witnesses not allowed

July 24, 2023 840 Views 0 comment Print

CESTAT Chandigarh remanded the matter to the Adjudicating Authority for a fresh re-consideration as cross-examination to key witnesses was not allowed.

Bail application rejection for non-satisfying twin conditions u/s 45 of PMLA, 2002

July 24, 2023 1293 Views 0 comment Print

Chhattisgarh High Court held that bail application filed u/s. 439 of Cr.P.C. rejected as the applicant is unable to satisfy twin conditions for the grant of bail under Section 45 of the PMLA, 2002.

Person summoned u/s 69 of CGST Act, 2017 cannot invoke section 438 of Code of Criminal Procedure

July 24, 2023 4119 Views 0 comment Print

Supreme Court held that any person summoned under Section 69 of the CGST Act, 2017 for the purpose of recording the statements cannot invoke Section 438 of the Code of Criminal Procedure. The respondent should sought recourse by filing criminal application under Article 226 of the Constitution of India.

Issuance of notice u/s. 148 by Income Tax Office having no jurisdiction is void

July 24, 2023 5550 Views 0 comment Print

ITAT Delhi held that issuance of notice u/s. 148 of the Act by the Income Tax Officer having no jurisdiction over the assessee and consequent assessment made u/s. 143(3) read with section 147 of the Act is void and bad in law.

Service tax not leviable on income earned via buying and selling space on ships

July 24, 2023 1764 Views 0 comment Print

CESTAT Delhi held that buying and selling space on ships does not amount to rendering a service and any profit or income earned through such transactions would not be leviable to service tax.

Penalty not imposable as excess depreciation surrendered without prior detection of Revenue

July 24, 2023 789 Views 0 comment Print

Gujarat High Court held that penalty not imposable as excess depreciation claimed was surrendered by the assessee without prior detection of the Revenue and such excess claim was made due to bonafide reasons.

Not allowing cross-examination of key witnesses vitiates the proceedings

July 24, 2023 1143 Views 0 comment Print

CESTAT Chandigarh held that the interest of justice would be properly served if the case goes back to the Adjudicating Authority to adjudicate the case afresh as not allowing the cross-examination of key witnesses vitiates the proceedings.

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