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No Penalty or Interest for Erroneously Availed but Unutilized Input Tax Credit

November 23, 2023 4656 Views 0 comment Print

HC held that, demand of interest and penalty is not tenable when credit erroneously availed is reversed and such credit is not utilized

Service Tax Demand without Investigation based on Form 26AS Basis is Invalid

November 23, 2023 3027 Views 0 comment Print

Explore the CESTAT Kolkata order in Piyush Sharma vs. Commissioner of CGST & CX. Detailed analysis on service tax demand, valuation rules, and key takeaways.

Transitional Credit cannot be disallowed just by serving a summary of SCN

November 22, 2023 936 Views 0 comment Print

Jharkhand High Court in the case of Aditya Medisales Ltd. v. State of Jharkhand allowed writ application for disapproving recovery notice. Transitional Credit cannot be disallowed just by a summary of Show Cause Notice.

Taxability of Corporate Guarantee: CESTAT’s Verdict Challenged in SC

November 22, 2023 1038 Views 0 comment Print

Dive into the legal battle over corporate guarantees’ taxability as Business Auxiliary Service. Explore the CESTAT’s decision, the Revenue Department’s stance, and the ongoing Supreme Court appeal.

No Penalty Without Sufficient Evidence in Abetment Case: CESTAT Bangalore

November 21, 2023 651 Views 0 comment Print

CESTAT Bangalore’s ruling in case of Rafeek K.T. v. Commissioner of Customs, emphasizing need for substantial evidence to impose penalties for abetting illegal imports.

Punjab & Haryana HC Grants Stay on GST Demand for Seconded Employees

November 21, 2023 1674 Views 0 comment Print

Punjab & Haryana High Court has granted an interim stay on the GST demand pertaining to salaries paid to seconded employees in Indian currency.

Services in the Form of Receipt of Patent Registered Outside India are not liable to Service Tax

November 20, 2023 315 Views 0 comment Print

Services in the Form of Receipt of Patent Registered Outside India not liable to Service Tax – CESTAT, Ahmedabad. Intas Pharmaceuticals Ltd. entered into a Technology Transfer and Licensing Agreement with Swiss company for development and commercialization of recombinant human erythropoietin. Technology Know-how Transfer Agreement with UK’s Biocam Ltd.

Assessee not liable to suffer due to fraudulent & negligent conduct of CA

November 20, 2023 3402 Views 0 comment Print

Calcutta High Court held that assessee not liable to suffer due to fraudulent & negligent conduct of CA. Case of Jayshree Bhardwah v. Deputy Commissioner of Revenue W.B. State Tax & Ors.

GST Council Can Recommend Rates, But Can’t Determine Classification: HC Allows Petition Challenging Flavoured Milk Classification

November 17, 2023 1773 Views 0 comment Print

Madras HC rules on GST for flavoured milk in Parle Agro case. Key verdict on classification; implications for businesses.

Supreme Court Upholds IBC Waterfall Mechanism for CBIC Dues

November 17, 2023 1611 Views 0 comment Print

SC reinforces Insolvency and Bankruptcy Code’s priority mechanism for CBIC, Department of Revenue dues. Key insights from Principal Commissioner of Customs Vs Rajendra Prasad Tak case.

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