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Judiciary

Termination of service not possible without employer-employee relationship: Delhi HC

January 1, 2025 438 Views 0 comment Print

Delhi High Court held that there was no occasion for respondent to terminate service of petitioner since petitioner failed to establish that respondent is an ‘industry’ and there existed employer employee relationship between them.

FIR quashed as accused is exonerated in departmental proceedings

January 1, 2025 654 Views 0 comment Print

Delhi High Court held that since petitioner has been exonerated in departmental proceedings, the criminal prosecution premised on the same set of allegations cannot be permitted to continue. Accordingly, FIR quashed.

Bombay HC Quashes 26-Year-Delayed Customs Notice

January 1, 2025 1398 Views 0 comment Print

Bombay HC quashed a customs notice issued after 26 years for non-submission of Export Obligation Certificate, citing unreasonable delay under the Customs Act.

Bombay HC Directs SVLDRS-4 Issuance Despite Payment Delay

January 1, 2025 774 Views 0 comment Print

Bombay HC directs SVLDRS-4 issuance to Cradle Runways Pvt. Ltd. despite a one-day payment delay under the SVLDR Scheme, citing technical reasons and procedural fairness.

Referral services to foreign universities amounts to “export of service’

January 1, 2025 1899 Views 0 comment Print

Enbee Education Centre Private Limited Vs Commissioner of C.E. & S.T.-Vadodara-I (CESTAT Ahmedabad) The services provided amount to “export of service” under Rule 2 read with Rule 3(2) of the Place of Provision of Service Rules We share the recent order passed by the Hon’ble CESTAT Ahmedabad. The appellant is providing services to foreign universities. […]

Service Tax Demand under Section 73: Normal Period Rule, Extended Period Exception

January 1, 2025 1584 Views 0 comment Print

CESTAT Mumbai rules extended limitation cannot apply for service tax demand on sub-contractors due to conflicting decisions, emphasizing procedural norms.

Reopening based on same material on which assessment order was passed is impermissible

January 1, 2025 633 Views 0 comment Print

Held that there was substantive correspondence between the petitioner and the Assessing Officer on all materials and subject matter of reopening and all such materials had formed part of the disclosure by the petitioner.

Failure to respond to Income Tax Notice was accepted considering Pathology Reports submitted by assessee

January 1, 2025 384 Views 0 comment Print

Assessment and penalty orders issued against assessee was set aside considering pathology reports of assessee as a valid reason for failing to respond to various income tax notices.

Technical support service rendered online to foreign companies were ‘Export Of Service’ and not Intermediary service, refund of Rs. 16.8 Cr was allowable

January 1, 2025 648 Views 0 comment Print

CIT (Appeals) held that assessee qualified as an ‘intermediary,’ making the services rendered ineligible for classification as ‘Export of Services’ under the Service Tax Rules, 1994.

Dissimilar Firms were excluded from selected comparables while doing TP analysis u/s 92

January 1, 2025 687 Views 0 comment Print

The court held that the other three companies were also carrying out large-scale projects compared to assessee, making them unsuitable for comparison or setting industry standards.

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