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Bombay High Court: GST dues of a deceased person cannot be recovered from legal heir without proper... Madras High Court: Demand u/s 76 of CGST cannot be invoked when tax collected is fully remitted to t... Bombay High Court: Refund rejection without following due process (deficiency memo + hearing) is voi... Madras High Court: Writ jurisdiction cannot be used to decide disputed classification and Section 74...

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Service Tax – Cestat Ahmedabad: In several decision it has been that Service tax cannot be levied on that portion of the value representing the sale of the goods on which sales tax has been charged, hence VAT paid on tra...

Service Tax – Cestat Ahmedabad: Hair Transplant is a cosmetic surgery and is liable to tax as normally Hospitals which undertake procedure of Hair Transplantation advertise/ display their activity not as a disease to be...

GST – Bombay High Court: As the concept of intermediary exist in IGST Act, CGST and SGST cannot be levied - Provisions of Section 13(8)(b) and Section 8(2) are confined to the provisions of IGST Act only and is not appli...

Service Tax – Cestat Ahmedabad: Issue of availment of 100% credit on capital goods in a first year – Held that availment of Cenvat credit without its utilisation will attract payment of interest – Appeal allowed [Order a...

Service Tax – Cestat Ahmedabad: Remuneration received to players from cricket in IPL matches are not taxable under Business Auxilary Service, as the arrangement between the owner Company and the cricket player is of empl...

Custom – CESTAT New Delhi: Deputy Commissioner had no jurisdiction to review its own order and reassess the bill of entry once again after the goods were cleared on payment of duty - Appeals dismissed [Order attached]

Custom – CESTAT New Delhi: Deposit by the Respondent during the investigation cannot be considered as evidence of the Department's case that import value was mis-declared – Revenue appeal dismissed [Order attached]

Service Tax – CESTAT Mumbai: Services should be exported in terms of Export of Service Rules to be eligible to avail the benefit of notification – As invoice was raised on 30.06.2012, it is very clear that export of serv...

Service Tax – CESTAT Mumbai: Refund cannot be rejected merely by issuing Deficiency Memo, without issuing show cause notice – DM has not invoked any provisions of CENVAT Credit Rules much less said Rule 14, therefore, ca...

Service Tax – Cestat New Delhi: No Service tax is leviable on non-monetary consideration such as free accommodation, medical facilities, vehicle and telephone insurance and stationery – Appeal allowed [Order attached]

Service Tax – Cestat New Delhi: Recovery of charges in the course of discharge of mandatory statutory functions is not leviable to Service tax; Once the entire CENVAT credit availed by the appellant had been reversed, it...

Service Tax – Cestat New Delhi: Service tax on the fees received from banks/financial institutions for registration of transactions has confirmed the demand of service tax under BSS and OIDARS - Show cause notice is requ...

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