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Appellant Authority Can’t Reject Appeal for Lack of Physical Order Copy

August 17, 2023 1644 Views 0 comment Print

Rama Shanker Modi Vs Assistant Commissioner (Calcutta High Court) Appellant Authority cannot reject appeal merely on the ground that order copy was not furnished physically The Hon’ble Calcutta High Court in Rama Shanker Modi v the Assistant Commissioner, Central Goods And Services tax and Central Excise [WPA 15639 of 2023 dated July 20, 2023] set […]

Transportation Charges in Assessable Value: CESTAT Kolkata Analysis

August 15, 2023 4275 Views 0 comment Print

Explore the analysis of the case Satya Megha Ispat Pvt. Ltd. vs Commissioner of Central Excise by CESTAT Kolkata regarding inclusion of transportation charges in assessable value. Understand the implications of FOR contracts and recent CBEC circulars.

Service tax not leviable on penal interest and bounce charges

August 14, 2023 1920 Views 0 comment Print

CESTAT set aside impugned order and held that the assessee is not receiving penal interest and bouncing charges as a consideration for tolerating an act. Thus, service tax cannot be demanded.

Excise Duty cannot be demanded Solely on Sales Figure Discrepancy

August 13, 2023 780 Views 0 comment Print

Analysis of the CESTAT Kolkata case involving excise duty demand based on differences between balance sheet and ER-1 returns, highlighting the need for substantial evidence.

Mere Failure to upload order copy on GSTN portal cannot prevent time-barred appeal

August 12, 2023 4566 Views 0 comment Print

The Gujarat High Court rules on appeal timing related to GSTN, stating that failure to upload the order copy cannot prevent a time-barred appeal.

Assessee entitled to Interest on Delayed GST Refund: Gujarat High Court

August 12, 2023 2046 Views 0 comment Print

An analysis of Gujarat High Court’s ruling on the assessee’s entitlement to interest for delayed refund by the Revenue Department under the CGST Act.

Interest and penalties not imposable on demand of Customs, CVD, SAD

August 12, 2023 6807 Views 0 comment Print

Insights into the Supreme Court ruling on imposition of interest and penalty on customs duty, CVD, in Union of India & Ors. vs Mahindra and Mahindra Ltd.

GST Refund application cannot be rejected without giving a proper opportunity

August 12, 2023 1482 Views 0 comment Print

Explore the recent Bombay High Court judgment in M/s. Wallem Shipmanagement (India) Pvt. Ltd. v. The Union of India & Ors, highlighting the significance of fair opportunities and adherence to natural justice in the rejection of GST refund applications. Understand the implications for businesses facing Show Cause Notices during the pandemic and the court’s commitment to ensuring a just and reasonable process. Stay informed about the legal principles governing such cases.

Rejection of refund application without granting opportunity of hearing is violative of principle of natural justice

August 11, 2023 1608 Views 0 comment Print

Delhi HC in v Shivbhola Filaments Private Limited. v.  Assistant Commissioner of CGST restored refund application rejected by Adjudicating Authority and held that assessee would not be left unheard.

No Service Tax on Advertisement Expense Reimbursement

August 11, 2023 1197 Views 0 comment Print

CESTAT Chennai ruled no service tax is leviable on ABC Consultants Pvt. Ltd. for reimbursement of advertisement charges following precedent.

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