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HC Validates E-way Bills as Proof of Ownership of Goods in Transit

August 4, 2023 1668 Views 0 comment Print

HC court pointed out the baselessness of revenue’s claim that petitioner was not owner, given that the e-way bills, which are legally recognized as documents of title to the goods, were accompanying the goods in transit.

Loan facility to credit card holder not a credit card service, exempt from GST

August 3, 2023 1539 Views 0 comment Print

HC held that loan facility availed by a credit card holder, where being a credit card holder is a condition for eligibility, is not considered a credit card service. Instead, it is treated as a standard loan which is exempt under GST. Directed the bank to refund the GST collected from the assessee.

GST Refund application cannot be rejected without giving proper reason

August 2, 2023 3804 Views 0 comment Print

HC held that refund application cannot be rejected without giving a proper reason and stated that Revenue department may issue  a fresh notice, clearly setting out reasons for proposing to reject refund claim and assessee  file a response in Form RFD-09, within prescribed period.

Vehicle Sale’s Handling Charges Exempt from Service Tax if VAT Applied

August 1, 2023 1008 Views 0 comment Print

CESTAT Ahmedabad rules no service tax leviable on VAT-subjected vehicle sales, in Jivan Jyot Motors Pvt Ltd Vs Commissioner of Central Excise & ST.

Secondary adjudication under customs void ab initio due to pre-existing adjudication

July 31, 2023 549 Views 0 comment Print

Delve into the case of Neeraj Sharma vs Commissioner of Customs where CESTAT ruled a secondary adjudication void ab initio due to pre-existing adjudication.

Supply of services by Co-venture to the business attracts GST

July 29, 2023 1047 Views 0 comment Print

AAR ruled that supply of services to assessee to its own joint venture would attract GST as per Notification No. 11/2017 Central Tax (Rate) dated June 28, 2017 since, assessee and joint venture are 2 different ‘person’ for taxation laws.

No service tax is to be levied on renting immovable property when sharing profits

July 27, 2023 1068 Views 0 comment Print

CESTAT set aside the order demanding service tax on rental property and held that, income received from rent by assessee is not subject to levy of service tax.

Limiting Judicial Intervention in relation to powers of arrest under Writ Jurisdiction

July 27, 2023 912 Views 0 comment Print

HC set aside the order passed by Gujarat High Court and held that power to arrest a person by an empowered authority under GST Act may be termed as statutory in character and ordinarily high courts should not interfere with exercise of such power under writ jurisdiction.

Andhra Pradesh HC Upholds validity of Section 16(4) of CGST Act

July 27, 2023 31419 Views 0 comment Print

High Court of Andhra Pradesh confirms the constitutional validity of Section 16(4) of the APGST and CGST Act, 2017, regarding Input Tax Credit. Learn about the court’s rulings on key questions.

Payment of dues: IBC overrides provision of the Electricity Act

July 25, 2023 2079 Views 0 comment Print

Supreme Court in Paschimachal Vidyut Vitran Nigam Limited v. Raman Ispat Private Limited held that Section 238 of IBC overrides provisions of Electricity Act, 2003.

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