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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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GST – AAR West Bengal: Services of welding of railway track along with labour services are naturally bundled and supplied in conjunction with each other and therefore would fall under the ambit of “composite supply” fall...
GST – AAR West Bengal: Amount charged towards parking space along with the sale of under constructed apartments is altogether a separate service and cannot be treated as composite supply of construction services of resid...
Service Tax – Cestat Mumbai: ST-3 return has not been mentioned as the document relevant for the verification of credit and refund – Even if the figures in ST-3 returns were not correct or is a substantial difference, e...
GST – AAR Punjab: As per the GST law, if the seller or preceding sellers have not deposited the tax, purchaser is not eligible to claim ITC on such supply – Since the preceding seller has not discharged its liability, th...
Excise – Cestat Chennai: Cost of free supply material received from buyer is not to be included in the assessable value, hence demand is not sustainable on ground of under valuation – Appeal allowed [Order attached]
Service Tax – Cestat Chennai: SCN is not to be issued when the assessee has paid the Service Tax along with interest - There is no evidence that the appellant had suppressed facts to evade tax as they accounted the amoun...
GST – AAAR Karnataka: Primary condition for eligibility to ITC is that there should be an inward supply of either goods or services or both on which tax is charged by the supplier - as the 'Vouchers' are neither goods no...
Service Tax – Cestat Chennai: Cost of free supply goods provided by the service recipient to the service provider is neither an amount “charged” by the service provider nor can it be regarded as a consideration for the s...
GST – Calcutta High Court: Goods cannot and ought not to be transferred from one vehicle to the other, far less, transported via a different vehicle, without obtaining a proper e-way bill - It is not for the authority to...
Service Tax – Cestat Chennai: Works contract services are leviable to service tax w.e.f. 1.6.2007- as the period involved is prior to 01.06.2007 which is prior to the introduction of the definition of “Works Contract Ser...
Custom – Cestat New Delhi: In the absence of specific provision of Section 27 being made applicable in the notification, the time-limit of filing refund application within one year would not be automatically applicable t...
GST – Madras High Court: Summary of the Order was not speaking in regard to the Petitioner’s contentions, hence the impugned assessment Order and the consequential recovery notice are liable to set aside - Writ petition...
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