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Judiciary

Sale of alcoholic liquor for human consumption is a non-taxable supply under GST

July 31, 2023 5199 Views 0 comment Print

AAAR ule that the sale of alcoholic liquor for human consumption is a non-taxable supply under Section 2(78) of the GST Act, 2017 and subsequently is an exempt supply under Section 2(47) ibid. Therefore, the appellant is required to reverse input tax credit (ITC) in terms of sub-section (2) of section 17 ibid read with Rule 42 of the GST Rules, 2017 for sale of alcoholic liquor for human consumption.

Interest eligible on Refund of Excise Duty Deposit under protest: Meghalaya HC

July 31, 2023 1188 Views 0 comment Print

The Meghalaya High Court upholds the right of the assessee to claim interest on the refund of a deposit made ‘under protest’ during an investigation, despite the absence of a specific provision in Section 11B of the Central Excise Act, 1944.

Anti-Dumping Duty Not Applicable to Import of Used Machinery: CESTAT Chennai

July 31, 2023 1158 Views 1 comment Print

CESTAT Chennai upholds that anti-dumping duty (ADD) cannot be levied on used and second-hand machinery imported from China. The ruling protects importers from double jeopardy in ADD imposition.

Secondary adjudication under customs void ab initio due to pre-existing adjudication

July 31, 2023 558 Views 0 comment Print

Delve into the case of Neeraj Sharma vs Commissioner of Customs where CESTAT ruled a secondary adjudication void ab initio due to pre-existing adjudication.

ITAT allows capitalization of Penal Interest paid to NOIDA authority

July 31, 2023 978 Views 0 comment Print

Explore the ITAT Delhi’s ruling on a case, ITO Vs Logix Buildcon Pvt Ltd, asserting that the interest incurred towards project expenses cannot be deducted.

CESTAT Ahmedabad Rules No Service Tax on Police Housing Corporation Construction

July 31, 2023 750 Views 0 comment Print

CESTAT Ahmedabad has ruled that construction of residential complexes for Gujarat State Police Housing Corporation is not liable for service tax. The impugned order is set aside.

CENVAT Credit Dispute at recipient end Not Permitted if accepted at supplier’s end

July 31, 2023 1029 Views 0 comment Print

CESTAT held that if assessment of duty payment by supplier has been accepted without objection, it cannot be disputed at recipient’s end for availing Cenvat credit.

Retired Partner Not Liable for Firm’s Post-Retirement Excise Duty Dues

July 31, 2023 591 Views 0 comment Print

Uncover the critical implications of the CESTAT Ahmedabad’s landmark ruling, where a retired partner was found not liable for the excise duty dues of his former firm.

Refund of Excess excise Duty Eligible on Quantity Discount Extension: CESTAT

July 31, 2023 429 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Savita Oil Technologies, allowing the refund of excess excise duty paid due to quantity discounts given to customers.

Service Tax Demand Requires Accurate Service Specification in SCN

July 30, 2023 807 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Goyal & Co Construction, stating service tax demand cannot be confirmed without mentioning it in the show cause notice.

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