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Assessee cannot be denied relief under SVLDR Scheme for non-payment due to legal impediment

January 10, 2023 1575 Views 0 comment Print

SC held that assessee cannot be denied relief under SVLDR Scheme for not making payment of dues in prescribed time limit due to inability of making payment in moratorium period.

No Service Tax liability on intermediary for sale of space/time for media agency on commission basis

January 10, 2023 1104 Views 0 comment Print

CESTAT held that, advertising in newspapers or media agencies, where role of assessee was merely that of an intermediary in sale of space/ time for media agency on commission basis, cannot lead to an inference that assessee had rendered services as advertising agency.

No Service Tax liability can be imposed on Builder on cancellation of booking by flat buyer

January 8, 2023 1293 Views 0 comment Print

CESTAT held that once the buyer of a flat cancelled the booking and the consideration for service was returned, the service contract got terminated and once it is established the no service is provided, then refund of tax for such service becomes admissible.

Notice to be served to assessee before carrying out physical inspection of business premises

January 6, 2023 1413 Views 0 comment Print

HC held that notice is needed to be served to assessee under Rule 25 of Central Goods and Services Tax Rules, 2017 (CGST Rules) before physical inspection is carried out.

Opportunity of hearing to be provided to assessee in case of variation in demand order

January 6, 2023 1692 Views 0 comment Print

HC quashed and set aside demand notice and assessment order making an addition of INR 92.42 crores without providing the opportunity of hearing to the assessee. Held that, the Revenue Department should make assessments following the provisions of Section 144B of Income Tax Act, 1961 in order to provide an opportunity of hearing to the assessee.

Customs broker cannot be held liable for undervaluation of exported goods

January 4, 2023 774 Views 0 comment Print

CESTAT, Chennai, ruled that customs brokers cannot be held liable for the undervaluation of goods. The court held that the valuation of goods is determined by the contract between the exporter and importer, and customs brokers do not have any influence in this matter.

HC directs investigating officer to issue advance notice of 72 hours to effect arrest after investigation

January 4, 2023 1866 Views 0 comment Print

HC directed the investigating officer to issue advance notice of 72 hours to the assessee to effect the arrest if necessary, after investigation in a case. Further directed the assessee to co-operate in the matter and produce the materials as sought.

Matter not to be remanded back when all the materials on record are available

January 3, 2023 2985 Views 0 comment Print

HC set aside order passed by Commercial Tax Tribunal remanding the matter to the Assessing officer. Held that, the Tribunal was incorrect in remanding back the matter, when all the material was before it thus, it should have dealt with each of the material and decided the same.

Cancellation of registration without providing opportunity of hearing is cryptic in nature

January 3, 2023 1041 Views 0 comment Print

HC held that SCN and order for cancellation of GST Registration is not sustainable on the grounds that the order was passed without any personal hearing and thus, cryptic in nature. Further directed the Revenue Department to restore the GST registration of assessee.

Royalty amount for mining is to be included while arriving transaction value for payment of GST

January 3, 2023 1080 Views 0 comment Print

AAR ruled that Royalty amount is includable while arriving at the transaction value for payment of applicable GST on the supply of services rendered by the assessee to the main contractor under Section 15 of CGST Act and 18% GST is applicable on Royalty amount under RCM.

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