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Denial of cross-examination of witnesses is violative of principles of natural justice

June 30, 2023 3174 Views 0 comment Print

CESTAT, remanded order passed by Adjudicating Authority and held that denial of cross-examination of witnesses is violative of principles of natural justice.

GST refund cannot Be Withheld based on Revenue’s Appeal Intent

June 29, 2023 2424 Views 0 comment Print

HC ordered the Revenue department to release assessee’s refund claim with interest. The court held that Revenue cannot withhold refund solely because it plans to appeal to GST tribunal, especially when tribunal is not yet constituted.

No liability to pay interest in a revenue-neutral situation

June 29, 2023 3126 Views 0 comment Print

CESTAT held that where the differential duty paid by the assessee is available as CENVAT credit to the Assessee’s sister concern then it is a revenue-neutral situation. Thus, as duty was not actually payable, the payment of interest does not arise in the case of revenue neutral situation.

Guidelines for determining discrepancies arising on tax calculation on pre-GST contracts

June 29, 2023 1947 Views 0 comment Print

Karnataka High Court in Sri Chandrashekaraiah v. State of Karnataka issued guidelines for determining discrepancies arising on tax calculation for Pre-GST works Contracts.

GST Appeal filed after prescribed time limit cannot be entertained

June 28, 2023 3876 Views 0 comment Print

HC held that Additional Commissioner is right in rejecting time-barred appeal as section 107 of CGST Act has an inbuilt mechanism and has impliedly excluded application of Limitation Act, 1963.

Constitutional validity of Section 16(4) of CGST Act challenged

June 28, 2023 8154 Views 0 comment Print

Dive into the case of Jyote Motors Bengal Pvt. Ltd. v. Additional Director, DGGI, where the Calcutta High Court adjudicates on the constitutional validity of Section 16(4) of the CGST Act.

Demand of excise duty is valid if Assessee was aware that transaction was done without payment of duty

June 28, 2023 1437 Views 0 comment Print

CESTAT Ahmedabad rules on the Rajesh Mangal vs C.C.E. & S.T. case, affirming the validity of an excise duty demand but reducing the penalty under Rule 26. Read about the implications and insights from this ruling.

GST: No pre-deposit required in case tax is fully deposited – Calcutta High Court

June 27, 2023 1137 Views 0 comment Print

Calcutta High Court, in the case of Liakhat Ali Mallick v. State of West Bengal, set aside the order requiring the assessee to make a pre-deposit of 20% of the interest liability. Gain insights into the ruling and its implications for GST cases.

Refund of service tax paid when services were consumed outside India

June 23, 2023 1683 Views 0 comment Print

Get insights into the recent CESTAT decision on service tax refund for services consumed outside India. Explore the case of M/s. Aegis Limited vs. Commissioner of Central Excise & ST, Surat-I, where the tribunal ruled that services consumed abroad are beyond the scope of service tax, warranting a refund of erroneously paid taxes.

Service Tax not levied on reimbursable expenses incurred by Assessee

June 22, 2023 1488 Views 0 comment Print

CESTAT overturned the order that had previously confirmed the demand on expenses such as deconsolidation charges, transportation charges, and DO charges. These expenses were initially collected by the assessee from their clients and then paid to the service provider.

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