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Rectification Order Date relevant to calculate limitation period for appeal filing

December 6, 2024 6135 Views 0 comment Print

Madras HC rules limitation period for GST appeals starts from rectification order date, clarifying doubts on timeframes for challenging assessment orders.

GST Notice Against Amalgamating Company Post-Merger is void ab initio: Delhi HC

December 6, 2024 2232 Views 0 comment Print

Delhi HC rules notices issued to amalgamating companies post-merger are void. Case highlights Section 87 and 160 of CGST Act in HCL Infosystems Ltd. vs CST.

Refund Rejection Order Invalid if fails to Providing Necessary Information

December 5, 2024 1053 Views 0 comment Print

Madras High Court quashes refund rejection order for lack of detailed information in SCN, emphasizing the principle of fair hearing under Audi Alteram Partem.

Service Tax Demand Not Applicable When Paid under RCM: CESTAT Ahmedabad

December 4, 2024 921 Views 0 comment Print

CESTAT Ahmedabad rules that service tax cannot be demanded when tax liability is already settled under Reverse Charge Mechanism.

Vegetable Oil-based Cream classifiable under HSN 1517 90 90, 5% GST applies

December 4, 2024 1059 Views 0 comment Print

UP AAAR rules that cream made from 23% vegetable fat is classifiable under HSN 1517 90 90, attracting GST at 5%.

Section 130 of CGST Act Inapplicable for Excess Stock found at the time of survey

December 4, 2024 3528 Views 0 comment Print

Allahabad HC: Excess stock findings during surveys under GST cannot invoke Section 130 without proven tax evasion intent. Tax determination under Section 73/74 applies.

HC Issues Notice to Revenue Over Lack of GST Portal Option for Appeal on Transitional Credit Rejection

December 2, 2024 654 Views 0 comment Print

Allahabad HC issued notice to Revenue as GST portal lacked an option to appeal against rejection of transitional credit in Form GST TRAN-1 due to clerical error.

Service Tax Demand Cannot Be Solely Based on Oral Statements: CESTAT Ahmedabad

November 29, 2024 1059 Views 0 comment Print

CESTAT Ahmedabad ruled that tax demands cannot rely solely on oral statements without corroborative evidence. The judgment reduces tax demand and waives penalties.

GST Refund on Ocean Freight Allowed if filed After Notification was Struck Down

November 28, 2024 1560 Views 0 comment Print

Gujarat High Court allows GST refund on ocean freight paid under RCM after the relevant notification was struck down, rejecting time-barred claims.

Amount Paid as Differential Dealer Margin Taxable at 18% GST: AAR Kerala

November 27, 2024 4761 Views 0 comment Print

Kerala AAR rules differential dealer margin paid by HPCL taxable at 18% under GST. Treated as service for agreeing to refrain from an act under Schedule II.

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