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Judiciary

Jharkhand HC Quashes GST Order for failure to issue Section 46 notice  

May 15, 2025 867 Views 0 comment Print

Jharkhand High Court sets aside GST assessment order, citing lack of mandatory notice and improper service, reinforcing taxpayer procedural rights.

Madras HC Quashes GST Order Against Deceased

May 15, 2025 690 Views 0 comment Print

Madras High Court sets aside tax order issued against an individual two years after his death, allowing authorities to proceed against legal heirs.

Trap case doesn’t attract prior approval requirement of sec. 17A of Prevention of Corruption Act

May 15, 2025 858 Views 0 comment Print

Delhi High Court dismissed the anticipatory bail application and held that statutory requirement of prior approval under section 17A of the Prevention of Corruption Act, 1988 not attracted in case of trap case.

Service Tax Refund claim rejected since filed beyond Section 104 time limit

May 15, 2025 792 Views 0 comment Print

CESTAT Chennai held that refund claim filed beyond statutory time limit of 6 months stipulated under section 104 of the Finance Act, 1994 is liable to be rejected. Accordingly, appeal of the assessee dismissed.

Service tax demand based on Form 26AS justified as returns not filed & registration not taken

May 15, 2025 681 Views 0 comment Print

CESTAT Delhi held that service tax correctly demanded on the basis of Form 26AS since the appellant has not filed any returns and is also not registered with service tax department. Accordingly, appeal of assessee dismissed.

GST ITC Blocked for Fake Invoices: Madras HC directs Proceedings to Conclude in 5 Weeks

May 15, 2025 615 Views 0 comment Print

The learned counsel for the respondents contented that, since the petitioner have dealt with fake invoices, the respondent authority have blocked the Input Tax Credit.

Transactions of shares shown as stock-in-trade cannot be treated as unexplained cash credit

May 15, 2025 468 Views 0 comment Print

ITAT Kolkata held that the transaction cannot be treated as unexplained cash credit under section 68 of the Income Tax Act since the transaction of the shares were shown as stock in trade in assets side of the balance sheet and sale as revenue in profit & loss account.

Overlooking Country of Origin certificate without following set rules is untenable

May 15, 2025 1143 Views 0 comment Print

Overlooking COO without following procedure set out in Customs Tariff (Determination of Origin of Goods under the Preferential Trade Agreement between the Member States of ASEAN and the Republic of India) Rules, 2009 is untenable.

Lemoneez rightly classifiable under CTH 2009 31 00: CESTAT Kolkata

May 15, 2025 411 Views 0 comment Print

CESTAT Kolkata held that Lemoneez, being juice of single citrus pulp, is rightly classifiable under Tariff Item No. i.e. CTH 2009 31 00 instead of CTH 2106 as alleged by department. Hence, differential duty demand is set aside.

Air Travel Expense Excluded from RCM Value for Management Consultancy Services

May 15, 2025 627 Views 0 comment Print

CESTAT Chennai held that expense of air travel of service provider who provided Management Consultancy Service is not includible in value for discharge service tax under reverse charge mechanism [RCM]. Accordingly, appeal allowed and demand set aside.

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