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Service Tax Demand Based Solely on ST-3 & ITR Mismatch Unsustainable: CESTAT Allahabad

May 16, 2026 309 Views 0 comment Print

CESTAT Allahabad held that service tax demand raised merely on differences between ST-3 returns and Income Tax Returns without proper examination of records was unsustainable in law.

No AED on Pre-Budget Stock Cleared After Levy Date; Excise Duty Arises on Manufacture, Not Removal: CESTAT Ahmedabad

May 16, 2026 156 Views 0 comment Print

CESTAT Ahmedabad held that Additional Excise Duty introduced from 11.07.2014 could not be imposed on goods manufactured before the levy came into force, even if cleared later.

Election Affidavit Suppression Can Be Challenged Only Through Election Petition: Madras HC

May 16, 2026 387 Views 0 comment Print

The Madras High Court held that disputes regarding alleged false or incomplete election affidavit disclosures must be raised through an election petition. The Court ruled that such issues cannot be examined in a writ petition under Article 226.

Madras HC Remands Matter on Sequential Deduction Under Sections 80IB & 80HHC Following SC Ruling

May 16, 2026 177 Views 0 comment Print

The Madras High Court held that taxable income was not properly computed where deduction under Section 80IB was reduced before calculating Section 80HHC relief. The matter was remanded for fresh assessment in line with the Supreme Court ruling in Shital Fibers Ltd.

Kerala AAR Rejects GST Advance Ruling Plea Due to Hypothetical Queries

May 16, 2026 177 Views 0 comment Print

The Kerala AAR held that advance ruling applications cannot be based on hypothetical scenarios or academic questions. The Authority rejected the application because it did not relate to any actual or proposed supply undertaken by the applicant.

Kerala AAR Grants GST Exemption on Inpatient Ayurvedic Services

May 16, 2026 219 Views 0 comment Print

The Kerala AAR held that medicines, consumables, room rent, and ancillary services provided during inpatient treatment form part of a composite healthcare supply. Such inpatient healthcare services qualify for GST exemption under Notification No. 12/2017.

GST on Used Gunny Bags at 5% Because Reusable Bags Not Treated as Scrap: Kerala AAR

May 16, 2026 399 Views 0 comment Print

Kerala AAR held that used gunny bags sold after cattle feed manufacturing are reusable packing bags under HSN 6305 and not scrap. The ruling clarified that GST would apply at 5% if the sale value does not exceed Rs. 2500 per piece.

GST on Member-Facilitator Transactions: Kerala AAR Rejects Plea Due to Prior Adjudication

May 16, 2026 147 Views 0 comment Print

The Kerala AAR rejected an advance ruling application after noting that the issue of GST applicability on member transactions had already been adjudicated in earlier proceedings. The Authority held the application was barred under Section 98(2) of the CGST Act.

No GST Under RCM on Honorarium Paid to Temple Board Members as They Are Not Directors: Kerala AAR

May 16, 2026 144 Views 0 comment Print

The Authority ruled that the President and Members of the statutory temple board are not “directors” under GST notifications. Accordingly, reverse charge GST was held inapplicable on honorarium and sitting fees.

Mandarin Juice Concentrate Not Classifiable as Orange Juice: CESTAT Mumbai

May 16, 2026 153 Views 0 comment Print

CESTAT Mumbai ruled that mandarin juice concentrate falls under “juice of any other single citrus fruit” and not orange juice because the Customs Tariff separately classifies oranges and mandarins. The Tribunal upheld duty demand for the normal period but quashed penalties and extended limitation.

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