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Settled refund claims remain unaffected by SC ruling that overrules a prior judgment

September 10, 2024 990 Views 0 comment Print

The Sikkim High Court dismissed an appeal by the Commissioner of Central Goods and Services Tax and Central Excise, upholding a refund claim by Alkem Laboratories Ltd. The court rejected the appellant’s attempt to reopen a settled matter and imposed a cost on the appellant, which was later waived.

Bombay HC Remands GST Case of Trendsutra (Pepperfry) for Rehearing

September 9, 2024 639 Views 0 comment Print

Bombay HC quashes GST recovery against Trendsutra Client Services, remanding the case for a fresh hearing with instructions for a reasoned order before 31st October 2024.

Extension of time limits under Section 168A of CGST Act: HC grants interim protection

September 5, 2024 1107 Views 0 comment Print

Gauhati High Court grants interim protection to Hindustan Construction Co. in CGST dispute, challenging Notification No. 56/2023 as ultra vires the CGST Act, 2017.

HC directs reconsideration of ITC claim under newly introduced Section 16(5)

September 3, 2024 1425 Views 0 comment Print

Delhi High Court sets aside the order denying Input Tax Credit under CGST Act, remands case for reconsideration in light of Finance Act 2024 amendments.

HC Questions CAG’s Authority to Audit Private Entities

September 2, 2024 2064 Views 0 comment Print

Punjab & Haryana HC stays SCN issued to Abbott Healthcare, questioning CAG’s authority for private audits and procedural irregularities.

Place of Provision Rules Not Applicable; Transaction Considered as Export of Service, No Service Tax Liability

August 24, 2024 879 Views 0 comment Print

CESTAT Mumbai ruled in favor of ATA Freightline, setting aside service tax demands for logistics services from April 2015 to June 2017. Full details of the case.

No Service Tax on Reimbursement for Actual Costs as its not a taxable service

August 23, 2024 870 Views 0 comment Print

CESTAT Mumbai overturned the service tax demand on Hindustan Construction Co., ruling that reimbursements to group companies do not constitute taxable services.

Bank’s Registered Security Interest with CERSAI Takes Priority Over Tax Authorities’ Claim: Bombay HC

August 18, 2024 1569 Views 0 comment Print

Bombay HC upholds priority of Janaseva Sahakari Bank’s secured interest over Sales Tax Dept’s claims, setting aside the mutation entry in land records.

No Section 56(2)(x) addition if Market Value Difference Is Within 10% tolerance limit

August 18, 2024 1650 Views 0 comment Print

ITAT Mumbai grants relief to Tarun Mohan Jani, ruling that property valuation difference within 10% tolerance limit doesn’t warrant addition under Section 56(2)(x).

Unjust Enrichment Does Not Apply to Captively Consumed Goods Without Sale

August 10, 2024 453 Views 0 comment Print

CESTAT Mumbai allows Bhor Industries’ appeal, addressing unjust enrichment and duty refund issues from 1970-1982. Remanded case for compliance with prior directions.

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