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Madras HC: University cannot be levied Service Tax for disseminating Educational Services

September 9, 2021 3771 Views 1 comment Print

Madurai Kamaraj University Vs Joint Commissioner (Madras High Court) In Madurai Kamaraj University v. Joint Commissioner GST and Central Excise [W.P.(MD) No.20502 of 2019 and W.M.P.(MD) No.17152 of 2019 dated August 16, 2021], Madurai Kamaraj University (the Petitioner) has sought for a writ of Certiorari for quashing of the records on the file of  Joint […]

Refund of Service Tax paid under RCM allowed post implementation of GST

September 8, 2021 8610 Views 0 comment Print

The Appellant failing to pay its Service Tax Liability under RCM in a stipulated time but shown as liability in the Service tax Return under the Finance Act, 1994, which was repealed and was replaced by the Goods and Services Tax

Patna HC quashed orders passed ex-parte without providing fair opportunity of hearing to the petitioner

September 8, 2021 987 Views 0 comment Print

Rambabu Singh Vs State of Bihar (Patna High Court) Rambabu Singh (the Petitioner) filed the petitions to quash- two orders dated February 03, 2020; two order dated March 05, 2020 and one order dated December 28, 2020 (the Orders) passed by Additional Commissioner of State Tax (the Respondent) as the Orders were passed ex-parte and […]

CESTAT: Burden of proof lies on Revenue w.r.t. intention of assesse to evade Excise Duty

September 8, 2021 3282 Views 0 comment Print

Tribunal opined that the alleged non-payment cannot be called as willful or intentional act of the appellant to evade the payment of duty. Lastly, it was adjudged that it is the burden of the Revenue to prove whether the Assessee has intended to conduct evasion.

No TDS deductible by Builder on Refundable Amount paid to Home-Buyers: Bombay HC

September 8, 2021 5784 Views 0 comment Print

Sainath Rajkumar Sarode And Others Vs State of Maharashtra And Others (Bombay High Court) Sainath Rajkumar Sarode (Petitioner) has been filed seeking directions for the recovery of arrears due to the Petitioners under a Recovery Warrant dated October 15, 2018 passed by the Maharashtra Real Estate Regulatory Authority against Respondent Nos. 4 to 7. In […]

Madras High Court annuls FIR against three Ex-Directors of IL & FS but refrains from providing ‘Clean Chit’

September 7, 2021 1845 Views 0 comment Print

In Ravi Parthasarthy and Ors. v. State of Tamil Nadu [CRL. O.P. NOS. 3730, 4227, 4095 & 11206 OF 2021 CRL. M.P. NOS. 6647, 6649, 2218, 2601, 2679, 3388, 6708 & 6709 OF 2021 W.P. NO. 1397 OF 2021 AND W.M.P. NO. 5917 OF 2021 dated August 31, 2021]], Ravi Parthasarthy (Petitioner No. 1), Hari […]

Anticipatory Bail denied for bailable offences as value of false ITC claimed being less than 5 crores

September 7, 2021 1677 Views 0 comment Print

In Amit Haresh Kumar Mehta v. Senior Intelligence Officer, DGGI [Cr. M. A. No. 1486/2021 dated August 11, 2021], Amit Haresh Kumar Mehta (the Applicant) has filed the current application seeking an Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973 (the Cr.P.C). The Senior Intelligence Officer, DGGI (“the Respondent) has contended […]

Blockage of ITC only when there is valid ‘reasons to believe’ of fraudulent or ineligible credit

September 7, 2021 1557 Views 1 comment Print

The Petitioner counsel contested that the Respondent No. 3, in most arbitrary manner and without application of mind, has passed the impugned order dated March 26, 2021 in complete violation of Principles of Natural Justice.

Tax authorities to detain goods only in the case of deliberate tax evasion and not for technical or minor defects

September 6, 2021 3657 Views 0 comment Print

The tax authorities must make a clear distinction between deliberate tax evasion and technical or minor defects which manifest no intention to evade tax. When the IGST liability has been fully discharged, no intention can be attributed on part of the petitioner to evade tax. In the present case, therefore, we would release the machinery upon the petitioner filing an undertaking before this Court that eventually subject to appeal and further right to challenge the order of assessment, if any tax or penalty liability is crystallized, the petitioner would discharge the same.

Gauhati High Court scraps bail to Tax Consultant for unjustly availing ITC

September 6, 2021 2136 Views 0 comment Print

The Petitioner was alleged of unjustly availing Input Tax Credit (ITC) on fake invoices and E-way bills alongside Mr. Amit Kumar (Co-accused). While seeking bail, the Petitioner contended that he has been in custody for a month, as on date, with effect from July 19, 2021 and therefore, his further custodial detention is absolutely not necessary in the interest of investigation of the case.

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