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No Service Tax on Operational Charges to Owners of Power Plants

March 11, 2023 609 Views 0 comment Print

Operational Energy Group India Pvt. Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) Issue whether service tax is required to be discharged on operational charges by the appellant has already been examined and decided in favour of the appellant by this Bench in the appellant’s own case vide Final Order No. 40104/2019 dated […]

A foreign national cannot be expected to do an unfeasible task before appeal filing

March 11, 2023 933 Views 0 comment Print

Paul Gerard Jenner Vs ITO (ITAT Dehradun) The appeal has been summarily dismissed by the ld. CIT(A) treating the appeal filed in manual Form as invalid and holding that the assessee was mandatorily required to file the appeal electronically. The assessee could not submit the appeal in electronic Form/online as it had to be verified […]

Extended period of demand cannot be invoked if confusion on classification of services at the end of department

March 11, 2023 966 Views 0 comment Print

Messrs Darcy Reservoir Consultancy Services P Ltd Vs C.S.T. Service Tax (CESTAT Ahmedabad) CESTAT gone through the records, various submissions made and the case laws cited before us. We find that the case laws cited (Supra) by the appellant squarely covers their activities under ‘Survey And Exploration Of Minerals Service’ and Department has sought to […]

Income Tax Notice under section 148 against Dead Person is Invalid

March 11, 2023 9636 Views 0 comment Print

Prakash Tatoba Toraskar Vs ITO (Bombay High Court) In this case initial notice under Section 148 was in the name of the deceased and so was the subsequent communication dated 20 May 2022 purporting to be a notice in terms of Section 148A(b), it is settled law that notice issued under Section 148 of the […]

Reassessment Notice on Non-Existing Company is not legally Tenable

March 11, 2023 1533 Views 0 comment Print

Pranesh Dealmark Pvt. Ltd. Vs Union of India & ors. (Calcutta High Court) HC held that impugned notice has been issued in the name of the company which has already been amalgamated in.2020 and that the department has been intimated about this amalgamation which is matters of record and such notice in the name of […]

CESTAT reduces penalty for delay in Service Tax payment & Return filing considering financial difficulties

March 11, 2023 762 Views 0 comment Print

Triumph India Software Services Pvt Ltd Vs Commissioner of Central Tax (CESTAT Bangalore) Managing Director of the appellant-company, appeared in person and submitted that she was the Managing Director of the Company at the relevant time. Due to financial difficulties, they could not pay service tax as submitted during investigation. Regarding the appellant’s responsibility to […]

Service Tax Penalty under Section 76 cannot be imposed when Section 78 penalty was imposed

March 10, 2023 2574 Views 0 comment Print

Sos Finance Vs C.S.T. Service Tax (CESTAT Ahmedabad) Limited issue to be decided in the present case is that whether the appellants are liable for penalty under Section 76 & 78 of the Finance Act, 1994. As regard, the imposition of penalty under Section 76 in the present case, I find the issue is settled […]

For limitation calculation for GST Refund Application Period from 01.03.2020 to 28.02.2022 not includible

March 10, 2023 1410 Views 0 comment Print

Megicon Impex Pvt Ltd Vs Commissioner Of Central Goods And Services Tax Delhi West & Ors. (Delhi High Court) he learned Counsel appearing for the parties have drawn attention to a notification dated 05.07.2022, whereby the period commencing from 01.03.2020 to 28.02.2022, was directed to be excluded for computing the period of limitation, for filing […]

Classification of Service cannot be disputed at the recipient End

March 10, 2023 1584 Views 0 comment Print

Gulf Oil Corporation Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that the cenvat credit was denied to appellant on the ground that service being classifiable under Sponsorship Service, the appellant was supposed to discharge the service tax under GR-7 Challan. We find that the service provider M/s. K.P.H. Dream Cricket Pvt. Ltd. has […]

Guidelines regarding refund process within time limit under Rajasthan GST

March 10, 2023 957 Views 0 comment Print

All the Proper officers are directed to decide the refund application and pass the final sanction/rejection order in form GST RFD -06 and the payment advice in FORM GST RFD-05 after verifying the correctness of the refund claim

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