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Doctrine of unjust enrichment not applies to advance service tax payment

June 24, 2023 648 Views 0 comment Print

Unravel the details of the CESTAT Mumbai case – Satyasai Human Resource Solutions Vs Commissioner of Service Tax. CESTAT grants refund on service tax advance paid in line with Rule 6 of Service Tax Rules.

Apprehensions of Non-Consideration of Reply – HC dismisses Writ

June 23, 2023 519 Views 0 comment Print

Rajasthan High Court reassures petitioner’s right to a fair response in the case of Sodhani Sweets Pvt. Ltd. Vs Joint Commissioner, dismissing worries over the GST authorities’ consideration of the reply.

Calcutta HC dismisses Writ Petition due to unjustifiable delay in its submission

June 22, 2023 699 Views 0 comment Print

Calcutta High Court case between Saru Kankani and Union of India, focusing on the consequences of unjustified delays in filing legal actions.

Procedure for Audit Monitoring Committee (AMC) under KSGST Act, 2017

June 22, 2023 1047 Views 0 comment Print

The Circular No. 12/2023 by the Commissioner of State Tax, Kerala, provides guidelines for the Audit Monitoring Committee (AMC) in completing audits under the KSGST Act, 2017. It outlines the procedures to be followed, including the review of Draft Audit Reports (DAR) and the decision-making process during monthly meetings. SGST/2726/2023/-PLC11 GST Office of the Commissioner […]

Delay in Uploading Order or Generating DIN Not Invalidate Assessment Order

June 22, 2023 6090 Views 0 comment Print

In a case between Prakash Lal Khandelwal and CIT, Jharkhand High Court determined that a one-day delay in uploading an order or generating a DIN does not render an assessment order unsustainable.

HC dismisses Writ due to detailed Section 147 order with extensive reasons

June 21, 2023 7344 Views 0 comment Print

Court dismissed the writ petition arguing that the impugned assessment order under Section 147 of the Act was, in fact, an appealable order, and had been passed providing extensive reasons.

Section 271(1)(c) quashed as AO not specified the grounds for penalty 

June 21, 2023 1083 Views 0 comment Print

An in-depth look at the ITAT Dehradun ruling in Saraswati Dynamics Pvt Ltd Vs ACIT, highlighting the importance of specifying the grounds for penalty under Section 271(1)(c) of the IT Act. Explore how the tribunal’s decision impacts tax jurisprudence

Cenvat Credit Rejection Requires Consideration of Evidences, Not Assumptions

June 21, 2023 255 Views 0 comment Print

Explore CESTAT Mumbai judgement in Astoria Agro & Allied Inds Pvt Ltd Vs Commissioner of CGST, underlining importance of evidence consideration in rejecting Cenvat Credit claims

Penalty not leviable if Department was not sure of the provision of law

June 21, 2023 2028 Views 0 comment Print

CESTAT Ahmedabad recently ruled in the case of Fiberweb India Ltd Vs C.C.E. & S.T. Daman, shedding light on the limitations of selective departmental audits and customs duty demands.

CESTAT rules against Extended Period of Limitation for Evaporation Loss Demand

June 21, 2023 411 Views 0 comment Print

CESTAT Ahmedabad ruled in the case of Sujag Fine Chemicals Pvt Ltd Vs C.E. & S.T. Vadodara, opposing the application of an extended period of limitation for a customs duty demand on declared evaporation loss

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