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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 Kolkata: As the amount of Service tax has already been paid under reverse charge and appropriated against demand made to the Appellant, the Appellant is entitled for immunity from imposing penalty -...

GST – Allahabad High Court: Non-submission of reply to the show cause cannot be a ground for cancellation of the registration – Petition allowed [Order attached]

Service tax - Cestat Mumbai: The correctness of availment of Cenvat Credit at the stage of filing of refund claim cannot be questioned, since the statute deals with the situation differently - hence is refund – Appeal al...

Excise – Cestat Chennai: Input service credit distributed by ISD is not inadmissible on the pretext that invoices did not contain all the particulars as required in terms of Rule 4A; There is no revenue loss to exchequer...

Service Tax – Cestat Chennai: Service tax is not payable on the services by the operators of Common Effluent Treatment Plant by way of treatment of effluent – Appeal allowed [Order attached]

GST – AAR Gujarat: Supply of only ice cream from any of the outlets of applicants is akin to supply of ice cream from ice cream parlour, leviable to GST @ l8%; An ice cream when ordered and supplied along with cooked or...

Service Tax – Cestat Mumbai: Issue in eligibility of refund claim filed on account of excess Service tax paid due to downward revision of price agreement – Held that refund claim is not allowed as the Appellant had not f...

GST – Government of New Delhi has issued Circular on SOP for Cancellation of Registration and for Repository of Non-genuine Taxpayers – Ab-initio cancellation of registration of entities generating fake invoices, by prop...

Customs – Cestat New Delhi: SCN does not rely on anything but an email said to be sent by the DGARM indicating a list of suspicious exporters, it cannot be a substitute for evidence – There is no evidence to support the...

Service Tax – Cestat Mumbai: Without issue of notice under Rule 14 refund claim should never be denied; Attested photocopy of the invoices can be considered as proof of production of document evidencing payment of duty,...

GST – Gujarat High Court: No stay on the proceedings even if investigating wing is different than the one which has presently issued the show cause notice - If there is any adjudication, which may affect the right of the...

Excise – Cestat New Delhi: On final fabrication and installation, the Retail Visual Identity forms part of the immovable property at the retail outlet and does not result in manufacture of goods, hence excise duty is not...

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