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Demand based on audit without any further investigation is liable to be set aside

January 12, 2023 3219 Views 0 comment Print

Innovative and Technological Learning Services Pvt Ltd. Vs Commissioner of CGST (CESTAT Mumbai) Demand based on audit without any further investigation is liable to be set aside on this count alone The appellant is a service provider. It provides services to a educational trust. It paid service tax. It suffered huge losses. As result of […]

Refund of IGST & Duty drawback cannot be withheld for pending investigation

December 26, 2022 1581 Views 0 comment Print

R. K. Copper and Alloy LLP Vs Union of India (Bombay High Court) Applications for refund of IGST and duty drawback on export of Goods. However, on the ground that some investigation is pending, the applications were not processed. The Hon’ble High Court referred to Circular dated 23/01/2020, Press release dated 29/10/2017 and Circular No. […]

HC set aside Ex parte order passed without granting reasonable time

December 24, 2022 2274 Views 0 comment Print

Action on the part of the Respondents in not issuing notice granting reasonable time to the Petitioner to remain present and passing ex parte Order is passed in gross violation of principle of natural justice.

MVAT on PAN card printing for Income Tax Dept – HC set-aside non-speaking order

December 24, 2022 837 Views 0 comment Print

The assessee was printing PAN cards for the Income Tax Department, Government of India. Service tax was paid on such activity. Sales tax authorities held that it is a works contract liable to VAT.

HC directs dept to consider representation to rectify place of supply in GSTR-1

December 24, 2022 3297 Views 0 comment Print

Petitioner seeks an order and direction against to it to rectify inadvertent mistake in mentioning incorrect place of supply in Form GSTR1

No service tax if no service provider or receiver contract between the parties

December 24, 2022 939 Views 0 comment Print

Vainguinim Valley Resort Vs Union of India (Bombay High Court) The Hon’ble High Court held that there was no service provider or service receiver contract between the parties justifying the levy of service tax set aside. Matter remanded back. The Department issued show cause notice on the Petitioner demanding service tax on the amount received from […]

Rule 5 of Cenvat Credit Rules – Refund of credit if it is not possible to utilize credit

December 24, 2022 4671 Views 0 comment Print

Alkem Laboratories Ltd. Vs C.C.E. & S.T. (CESTAT Ahmedabad) Rule 5 of the Cenvat Credit Rules prescribes that if for ‘Any reason’ the use of the said credit is not possible, the manufacturer or provider of the output service shall be allowed refund of such amount. The sole reason for denying the refund claim is […]

GST Refund Claim Rejection: HC allows Vodafone to file fresh application

December 24, 2022 1884 Views 0 comment Print

Vodafone Mobile Services Limited Vs Union of India (Madhya Pradesh High court) The petitioner makes a fresh application for refund of excess tax paid by the present petitioner, the same shall be dealt with in accordance with law afresh. The Department rejected the refund claim of the petitioner on the ground that petitioner had failed […]

SVLDRS: Liability acknowledged by a statement recorded during investigation is sufficient

December 23, 2022 636 Views 0 comment Print

Vaztar International Pvt. Ltd. Vs Union of India & Ors. (Bombay High Court) Rejection of application filed under SVLDRS, 2019 on the ground of ineligibility with the remark that DGGI had informed that the quantification was not done prior to 30.06.2019. The Designated committee rejected SVLDRS Form-1 on the ground that the petitioner was ineligible as […]

Designated committee not considered full amount of pre-deposit made – HC directs DC to relook the same

December 23, 2022 414 Views 0 comment Print

Bijal Dhimankumar Vyas Vs  Union of India (Gujarat High Court) The Designated committee (DC) did not consider the amount of pre-deposit made during investigation. The High Court held that the CESTAT had granted stay to the Petitioner on the basis of payment of pre-deposit. Thus, this deposit is not in dispute. The rejection was set […]

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