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When there is no mens rea, no demand will sustain on ground of limitation

May 19, 2023 1050 Views 0 comment Print

CESTAT held that, there should be mens rea to evade payment of service tax for demand of service tax and penalty beyond period of limitation.

No Service Tax liability on liquidated damages

May 19, 2023 1206 Views 0 comment Print

Discover the CESTAT, Chennai ruling on Service Tax liability for liquidated damages. Explore the case of M/s. Bharat Heavy Electricals Limited and understand why recovery of damages is not considered a taxable service. Stay informed on GST implications with insights from circular no. 178/10/2022-GST.

HC directs AO to allow Cross Examination of witness without interfering or restricting

May 14, 2023 2454 Views 0 comment Print

HC directs AO to provide effective cross-examination opportunity in accordance with provisions of Indian Evidence Act, 1872 and permit petitioner to cross- examine without in any manner interfering or restricting.

No Service Tax liability when construction of flat is for personal use of service recipient

May 11, 2023 987 Views 0 comment Print

Projects executed prior to June 01, 2007, which were in the nature of composite works contract, could not be brought within the fold of commercial or industrial construction service or CC services and for the period post June 01, 2007, the liability to pay Service Tax could be fastened under CC services only if the activities were in the nature of service simpliciter.

Payment of High rental would not mean transfer of property is involved

May 7, 2023 1281 Views 0 comment Print

Explore the legal perspective on property transfer in a BOO contract. Learn how the Kerala High Court ruled on the taxation of fixed costs in the case of Prodair Air Products India Pvt. Ltd. v. State of Kerala, clarifying that payment of fixed costs does not necessarily imply a transfer of property.

ITC can be claimed during revocation of cancelled GST registration

May 4, 2023 13782 Views 1 comment Print

HC held that, cancellation of registration effected on ground of non-filing of GST return, could be revoked and assessee can claim ITC

ITC Claim Allowed on Vehicle Modified and Supplied as Ambulance

April 29, 2023 2292 Views 0 comment Print

Assessee is eligible to avail ITC on purchase of a 7-seater vehicle, which will be subsequently converted into an ambulance for onward supply

GST: SC set aside HC order imposing condition of pre-deposit while granting bail

April 27, 2023 1689 Views 0 comment Print

SC set aside the order passed by the High Court imposing a condition of deposit while granting bail to the appellant therein.

HC restores GST Registration as SCN lacks Sufficient Reason for Cancellation

April 27, 2023 945 Views 0 comment Print

SCN is deficient if it does not sufficiently disclose reasons why petitioner’s GST Registration was suspended or was proposed to be cancelled

Higher penalty cannot be levied where owner of goods come forward in case of detention

April 26, 2023 14127 Views 0 comment Print

HC held that penalty under Section 129(1)(b) of the UPGST Act was unjustified and untenable since the owner has come forward for payment of penalty.

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