Goods and Services Tax : Limitation start from date when Impugned Order in Form DRC 07 uploaded on portal and not from date of detailed order: Allahabad Hi...
Goods and Services Tax : The issue was denial of ITC transfer due to different State registrations of entities. The Court ruled that no such restriction ex...
Goods and Services Tax : The Court ruled that interest cannot be imposed in adjudication if it was not specified in the show cause notice. The decision rei...
Goods and Services Tax : The issue involved taxation of intermediary services based on supplier location. The amendment shifts place of supply to recipient...
Goods and Services Tax : Failure to serve notices at the updated registered address invalidates GST proceedings. The Court emphasized strict adherence to p...
Goods and Services Tax : Explore Supreme Court's scrutiny of whether supplying cranes for services like loading, unloading, lifting, and shifting qualifies...
Goods and Services Tax : Explore the case of Pradeep Kanthed v. Union of India where the Supreme Court issues notice to the Finance Ministry regarding the ...
Goods and Services Tax : Commissioner of Central Goods And Service Tax & Ors Vs Safari Retreats Private Limited & Ors (Supreme Court of India) The ...
Goods and Services Tax : The 45th meeting of Goods and Services Tax Council (“GST Council”) is scheduled to be held on September 17, 2021. The Ministry...
Custom Duty, Income Tax : The Karnataka High Court in M/s Pellagic Food Ingredients Private Ltd. v. Union of India [Writ Petition No. 14737/2021[T-CUS] issu...
Goods and Services Tax : The court examined whether tax paid during investigation can be treated as voluntary. It ruled that authorities must investigate c...
Goods and Services Tax : The case addressed denial of refund of VAT pre-deposit made through ITC. The Court held that Section 142(6) mandates cash refund a...
Goods and Services Tax : Gauhati High Court rules GSTR-1 vs GSTR-3B mismatch from clerical errors cannot trigger automatic tax recovery without Rule 88C pr...
Goods and Services Tax : India cuts excise duty on petrol and diesel to offset global oil price surge amid war. Move aims to reduce fuel costs, curb inflat...
Goods and Services Tax : The issue involved inability to access documents leading to ex parte assessment. The Court granted interim relief by reducing the ...
Excise Duty : Notification No. 32/2015-Central Excise Dated- 4th June, 2015 Ethanol produced from molasses generated from cane crushed in the ...
Service Tax : Circular No. 184/3/2015-ST Dated the 3rd June, 2015 It is further clarified that exemption from service tax still continues to ser...
Custom Duty : the floods in the State of Jammu and Kashmir (the State) from whole of the duty as specified under the First Schedule and whole of...
Excise Duty : Grants exemption from Basic Excise Duty to goods donated or purchased out of cash donations for the relief and rehabilitation of p...
Custom Duty : New posts have been created in the rank of Commissioners of Customs in DRI and DGCEI for adjudication of cases as investigated by ...
The Hon’ble CESTAT Mumbai held that since the exempted goods were brought back into the factory after testing and subsequently, exported under Bond, therefore, by virtue of Rule 6(6)(v) of the Credit Rules, the provisions of sub-rule (i), (ii), (iii) & (iv) of Rule 6 are inapplicable.
That at the time of import, the required Certificate was not produced is not a very strong ground for denying the benefit of Exemption Notification; There is a plethora of decisions in which various Courts and Tribunals have accepted the production of Certificate even after the importation for granting benefits;
Online service providers like ‘Flipkart’ facilitating sale and purchase of goods through online portals cannot be considered as dealer of goods – Not liable for VAT. Flipkart Internet (P.) Ltd. Vs. State of Kerala [(2015) 62 taxmann.com 387 (Kerala)]
The Hon’ble High Court of Karnataka held that it is settled law that Sales tax can’t be attracted until effective control is transferred. Since CBUs did not get effective control over the brand name as such, it could not be considered as sale of intangible goods.
High Court of Andhra Pradesh held that if dealers engaged in the construction and sale of residential apartments, houses, buildings or commercial complexes, exercise an option, and comply with the conditions stipulated in Section 4(7)(d) of the Andhra Pradesh VAT Act and Rule made thereunder
Preservation of stem cells by cord blood banks is exempted only w.e.f. February 17, 2014/ Exemption Notification will have prospective effect when nothing specifically mentioned in the Notification as such. Life Cell International (P) Ltd. Vs. Union of India (MADRAS HIGH COURT)
Reliance Infratel Ltd. Vs. CCE (CESTAT Mumbai) Reliance Infratel Ltd. was engaged in the business of providing ‘passive wireless telecom infrastructure’. The Appellant and its associated enterprise entered into an MOU whereby the Appellant granted Associated enterprise an indefeasible right to use 80% of the total capacity of its optic fibre cable network for 10 years.
The Department has confirmed the demand against Expera India Pvt. Ltd. and others (the Appellants) and held that reimbursement of expenses are to be included in the gross value of the services in terms of the provisions of Rule 5(1) of the Service Tax Valuation Rules.
Department cannot file FIR under provisions of IPC for alleged non-payment of Service tax as the Finance Act being a special and complete Code prevails over general provisions of IPC- Ajay Kumar Sandhu Vs. State of Haryana [2015 (62) taxmann.com281 (Punjab & Haryana)]
AGM India Advisors Pvt. Ltd. Vs. Commissioner of Service Tax (CESTAST Mumbai)- Remittance against export of services received in Indian Rupees but through foreign bank is deemed to be received in convertible foreign exchange – Export condition stands satisfied.
