The Karnataka High Court remitted GST proceedings after noting allegations that duplicate adjudication orders were passed for the same tax period on ITC mismatch issues. The Court directed fresh adjudication after giving the taxpayer an opportunity to respond.
Tribunal ruled that future projections under DCF method cannot be tested solely against later actual financial performance. It observed that valuation is based on assumptions and future business expectations prevailing on valuation date.
Orissa High Court refused to entertain a writ petition challenging GST classification of iron ore fines exports because the petitioner had not exhausted the appellate remedy under Section 112 of the GST Act. The Court held that disputed classification issues should be decided by statutory authorities.
CESTAT Chennai held that service tax cannot be levied twice on the same commercial coaching and training services by taxing both the principal entity and its business partner. The Tribunal found that service tax had already been discharged by the principal service provider.
The CESTAT Chennai held that reassessment of a Bill of Entry can be permitted under Section 149 where excess CVD was paid due to failure to claim an exemption notification. The Tribunal directed customs authorities to reconsider the refund claim after reassessment instead of rejecting it on procedural grounds.
CESTAT Chennai held that CENVAT credit on outward transportation and insurance services cannot be denied where goods are sold on FOR destination basis and the buyer’s premises is the place of removal. The Tribunal relied on earlier Larger Bench and Supreme Court-based principles for determining admissibility of credit.
The Nagpur ITAT held that exemption under Section 54B requires evidence of active agricultural operations and not merely agricultural classification in revenue records. The assessee’s failure to produce supporting evidence led to denial of exemption.
The Madhya Pradesh High Court dismissed a writ petition challenging GST registration cancellation after noting the availability of an appellate remedy before the GST Tribunal. The Court held that the petitioner could not bypass the statutory appeal mechanism.
The Karnataka High Court held that retrospective insertion of Section 16(5) of the CGST Act extended the time limit for availing ITC where returns were filed before 30 November 2021.
The Court ruled that furnishing a bank guarantee equal to the alleged short-paid GST amount was adequate for interim release of the consignment. DGGI’s plea to include the penalty component in the guarantee amount was rejected.
