The Karnataka High Court dismissed Revenue appeals challenging banks’ eligibility for CENVAT credit on service tax paid for deposit insurance premium. The Court held that the issue already stood concluded by earlier Kerala and Bombay High Court rulings.
Gauhati High Court ruled that electricity regulatory functions and adjudicatory powers form part of a single statutory framework and cannot be split for taxation purposes. The Court held that attempts to classify such functions as support services were unsustainable.
Court restrained the department from taking coercive steps until the petitioner filed the statutory appeal. The order was passed in a case involving challenge to a GST adjudication order.
The Karnataka High Court set aside an appellate order rejecting a GST appeal after finding that no reasons had been recorded for refusing condonation of delay. The Court held that the order reflected non-application of mind and restored the appeal.
The Delhi High Court set aside a GST demand order as it was passed after the mandatory five-year limitation period. The court held that orders issued beyond Section 74(10) are without jurisdiction and cannot survive.
The Delhi High Court held that tax authorities should ordinarily grant complete stay of disputed demand when the issue is already covered in favour of the assessee by a binding jurisdictional High Court judgment.
The Delhi High Court ruled that deposits arising from cash sales did not render genuine import purchases unexplained. The Court emphasized that the transactions were supported by customs and banking documents.
The Gujarat High Court set aside a Section 148 notice after finding no direct or indirect connection between the assessee and the seized third-party documents. The Court held that reassessment based on vague material and assumptions was unsustainable.
The Chhattisgarh High Court upheld deletion of ₹15.94 crore addition after finding no adverse material supporting allegations of suppressed production and unaccounted sales. The Court reaffirmed that assessments cannot be based on mere assumptions or estimated yield comparisons.
The Rajasthan High Court upheld CAT Jaipur’s order granting stepping up of pay to senior employees after noting that similar issues had already been decided by the Karnataka and Delhi High Courts. The court found no reason to interfere with the Tribunal’s directions.