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

June 28, 2023 8217 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 1488 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 1188 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 1725 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 1539 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.

Services of extending corporate guarantee without any consideration is not considered as a service

June 22, 2023 1494 Views 0 comment Print

CESTAT Delhi held that no service tax is payable as the assessee did not receive any consideration for providing a corporate guarantee.

Setting up of the GST Appellate Tribunal: Are We Ready

June 22, 2023 3063 Views 0 comment Print

An in-depth examination of the changes introduced to the GST Appellate Tribunal, the implications of these reforms, and the challenges that remain.

Utilization of CENVAT Credit within same entity does not cause loss to Exchequer

June 21, 2023 726 Views 0 comment Print

CESTAT held that the utilization of credit by any unit within the same entity would not cause any loss to the Exchequer. This is because the credit disallowed to one unit is proportionally made available to the second unit. From a company’s perspective, the net credit availed and utilized remains unchanged.

Refund allowed by Appellate Authority cannot be ignored on ground that Revenue decided to challenge such Order

June 20, 2023 1596 Views 0 comment Print

High Court held that the Order of Appellate Authority allowing refund to assessee cannot be ignored solely because Revenue decided to challenge the order allowing refund, directed the Revenue to disburse refund along with interest and clarified that Revenue is not precluded from availing any remedy and in case Revenue succeeds they would be entitled to recovery the amount disbursed.

Unused CENVAT Credit does not incur any interest liability: CESTAT Kolkata

June 20, 2023 1434 Views 0 comment Print

CESTAT, Kolkata made a significant ruling regarding the amendment in Rule 14 of CENVAT Credit Rules, 2004. Previous version of the rule stated ‘taken or utilized,’ but it was modified to ‘taken and utilized.’ This alteration in wording clearly indicates the legislative intent to exclude the imposition of interest when the credit has been taken but not utilized.

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