Goods and Services Tax : This guide clarifies the legal and constitutional differences between tax, duty, cess, surcharge, and fee. Understanding these dis...
Custom Duty : Should Cess and Surcharge Be Permanent? Explore the history and purpose of Cess and its impact on taxes and duties....
Income Tax : Certain taxpayers have been claiming deduction on account of 'cess' under section 40 of the Income Tax Act, 1961 claiming that 'ce...
Income Tax : Navigate the controversy surrounding the allowability of Cess as expenditure. Dive into the amendments brought by the Finance Act,...
Income Tax : Clarification regarding treatment of cess and surcharge Section 40 of the Act specifies the amounts which shall not be deducted in...
Corporate Law : The government outlined year-wise collections and utilisation of major cesses and surcharges, confirming they are credited to the ...
Custom Duty : CESTAT Mumbai ruled that Education Cess and Secondary & Higher Education Cess paid through MEIS duty credit scrips for past import...
Income Tax : ITAT Delhi held that the Revenue’s appeal was not maintainable after excluding Education Cess from tax effect computation. The T...
Goods and Services Tax : The court examined whether unutilized cess credits could be refunded after GST transition. It held that without explicit statutory...
Service Tax : CESTAT Mumbai held that accumulated credit of Education Cess, SHE Cess, and KKC cannot be transitioned or refunded because these l...
Income Tax : The Supreme Court rules that 'Education Cess' cannot be claimed as an expenditure. Read the detailed analysis of JCIT vs Sesa Goa ...
CESTAT Mumbai ruled that Education Cess and Secondary & Higher Education Cess paid through MEIS duty credit scrips for past imports constituted valid discharge of customs duty liability. The Tribunal held that any fresh cash recovery by the Revenue would amount to impermissible double recovery.
ITAT Delhi held that the Revenue’s appeal was not maintainable after excluding Education Cess from tax effect computation. The Tribunal dismissed the appeal as the tax effect fell below the CBDT threshold limit of Rs.60 lakh.
The court examined whether unutilized cess credits could be refunded after GST transition. It held that without explicit statutory backing, refund claims are not maintainable, leading to dismissal of the petition.
CESTAT Mumbai held that accumulated credit of Education Cess, SHE Cess, and KKC cannot be transitioned or refunded because these levies were not subsumed under the GST regime.
This guide clarifies the legal and constitutional differences between tax, duty, cess, surcharge, and fee. Understanding these distinctions is crucial for statutory interpretation and fiscal federalism.
The government outlined year-wise collections and utilisation of major cesses and surcharges, confirming they are credited to the Consolidated Fund and used for designated development and welfare purposes.
The Supreme Court rules that ‘Education Cess’ cannot be claimed as an expenditure. Read the detailed analysis of JCIT vs Sesa Goa Ltd. case.
In a landmark decision, CESTAT Ahmedabad supports Welspun Corp Ltd, permitting the use of Cenvat credit of basic excise duty to offset Education Cess and Secondary & Higher Education Cess, establishing a crucial legal precedent.
MAT credit u/s. 115JA cannot be denied on Surcharge, education cess and additional surcharge – secondary and higher education cess
Should Cess and Surcharge Be Permanent? Explore the history and purpose of Cess and its impact on taxes and duties.
