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Judiciary

Proper Officer to decide IGST Refund – HC disposes appeal as grievance of Petitioner redressed

April 15, 2023 858 Views 0 comment Print

This Petition is pending for more than a year on a simple issue as to who is the Proper Authority to decide the Petitioner’s case / claim. According to the reply affidavit filed by the Deputy Commissioner of Customs – Respondent no.5, it is the Respondent no.4 who is the authority.

No Section 68 additions solely based on MOU found during search In Premises of Third Party

April 15, 2023 1221 Views 0 comment Print

No Sec. 68 additions solely based on MOU found during search In Premises Of Third Party if assessee wasn’t even remotely connected to MOU

Licence for ‘IMFL Restaurant ON Shop’ cannot be rejected for mere non-filing of GST return

April 15, 2023 282 Views 0 comment Print

Galaxy Bar and Restaurant Vs State of Odisha and others (Orissa High Court) Aggrieved by the non-grant of a licence for an IMFL Restaurant ON Shop under the name and style as ‘Galaxy Bar and Restaurant at Nayagarh’, the Petitioner has filed the present writ petition seeking a direction to the Opposite Parties to process […]

No Service Tax on Consideration for Composite Construction Services before 01.06.2007

April 15, 2023 615 Views 0 comment Print

Whether appellants liable to pay service tax on consideration received for construction services which are composite in nature including both supply of materials and provision of services for the period prior to 01.06.2007.

Adjudicating Authority cannot deny benefit granted by CESTAT without filing appeal against such order

April 15, 2023 534 Views 0 comment Print

CESTAT held that when Tribunal given a specific direction to extend cum-duty benefit to appellant, Adjudicating Authority ought to have calculated demand after granting benefit.

SAD refund claim not time barred as no limitation is prescribed under original Notification

April 15, 2023 1275 Views 0 comment Print

CESTAT held that refund claim of SAD is not time barred as no such limitation is prescribed under original Notification No.102 of 2007-Customs dated 14.09.2007

Clearing of railway coaches without payment of duty – CESTAT upheld interest & penalty

April 15, 2023 492 Views 0 comment Print

Integral Coach Factory Vs Commissioner of GST & Central Excise (CESTAT Chennai) Brief facts of the case are that appellants are engaged in the manufacture of railway coaches and are registered with the Central Excise Department. On specific intelligence that they were clearing railway coaches without payment of duty, the officers of the Preventive Unit […]

Order set aside as was based on lone basis that case is not covered under instruction no. 1914 dated 02.12.1993

April 15, 2023 732 Views 0 comment Print

Madras High Court set aside the impugned order as it was based on one basis that writ petitioner’s case is not covered under instruction no. 1914 dated 02.12.1993.

Rule 3A(2) of Tripura Sales Tax Rules not ultra vires to Tripura Sales Tax Act

April 15, 2023 390 Views 0 comment Print

Supreme Court held that rule 3A(2) of the Tripura Sales Tax Rules, 1976 (TST Rules) are not ultra vires to Tripura Sales Tax Act, 1976 (TST Act). Accordingly, 4% tax deductible on transfer of right to use goods.

Statutory benefit of stay u/s 112(9) of BGST Act is to be extended despite of non-constitution of Tribunal

April 15, 2023 981 Views 0 comment Print

Patna High Court held that in case the petitioner makes deposit of a sum equal to 20% of the remaining amount of tax in dispute then the petitioner must be extended the statutory benefit of stay u/s. 112(9) of the Bihar Goods and Services Tax Act, 2017 (BGST Act) for he cannot be deprived of the benefit, due to non- constitution of the Tribunal.

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