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Appeal against Revocation of Central Excise Registration Meaningless After GST Implementation

June 25, 2023 198 Views 0 comment Print

Discover the judgment of the CESTAT in the case of Commissioner of GST & Central Excise Vs Dalmia Cement (Bharat) Ltd, where revocation of Central Excise Registration was deemed meaningless post-GST implementation.

HC Expresses Concern Over Harassment of Advocates due to Service Tax Notices

June 25, 2023 603 Views 0 comment Print

Discover the verdict and implications of the Pankaj Khare Vs Union of India case where the Allahabad High Court addressed GST exemption for practicing advocates.

CESTAT allows refund of Service Tax where exporter bore the service tax cost

June 25, 2023 234 Views 0 comment Print

Explore the case of Kalpataru Agroforest Enterprises Pvt Ltd Vs Commissioner of CGST & CX, where CESTAT ruled on a Service Tax refund claim related to export freight charges.

Implications of Initiating Tax Proceedings Against a Deceased Person

June 25, 2023 1044 Views 0 comment Print

An in-depth examination of the case of Commissioner of Customs Vs K.V. Paints & Chemicals Co., where CESTAT ruled on the validity of tax proceedings against a deceased individual.

CESTAT Dismisses Appeal After Discharge Certificates Issued under SVLDRS

June 25, 2023 246 Views 0 comment Print

Insights into the CESTAT Bangalore’s decision to dismiss an appeal by Chakiat Agencies Pvt Ltd, due to the issuance of Discharge Certificates under the SVLDRS.

Service Tax refund rejection lacked a stated reason: CESTAT ordered re-adjudication

June 24, 2023 564 Views 0 comment Print

Delve into the Vedanta Aluminium Ltd Vs Commissioner of CGST & Excise case, where CESTAT Kolkata set aside an order rejecting a refund claim of service tax and ordered re-adjudication due to the absence of a stated reason in the original decision.

Refund claim hit by principles of unjust enrichment on failure to prove that incidence of duty not passed on

June 24, 2023 1185 Views 0 comment Print

CESTAT Ahmedabad held that the appellant has failed to discharge its burden of proving that burden of duty has not been passed on to the customer. Accordingly, since incidence of the duty has been passed on to the buyers therefore, the refund is hit by the principles of unjust enrichment.

Service Tax on Compensation received by Buyer on Cancellation of Agreement to Sell an Immovable Property

June 24, 2023 1119 Views 0 comment Print

CESTAT Kolkata rules compensation received by Buyer on cancellation of Agreement to Sell immovable property not subject to Service Tax under Section 66E(e). Observes compensation for non-fulfillment by Seller doesn’t fall under ‘Declared Service’.

When no other price available at time of stock transfer value should be determined via best judgment method

June 24, 2023 414 Views 0 comment Print

CESTAT Kolkata held that when there is no other price available at the time of clearance of the goods from the factory to depot on stock transfer basis, the only way available is to determine the assessable value based on the best judgment method.

Show Cause Notice to Wrong Address Violates Natural Justice Principle

June 24, 2023 1980 Views 0 comment Print

The case of M. Pandidurai Vs Commissioner of GST & Central Excise in CESTAT Chennai sheds light on the significance of upholding principles of natural justice in tax proceedings, setting a significant legal precedent.

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