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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 Chennai: Lower authorities have erred in rejecting the refund claim for non-production of original documents / export invoices as it is not a requirement of the sub-ordinate legislation - Refund clai...

Service Tax – Cestat Chennai: Time limit to file refund application shall be as per Section 11B which is a substantive provision in the parent statute, Notification providing time limit to file refund application within...

Service tax – Cestat Chennai: BCCI is sole organization incharge of game of cricket officially, in India - Managing, controlling and organizing the game of cricket, its development and other allied activities cannot be c...

Custom – Cestat Chennai: Appellant being 100% EOUs are not liable to pay interest on the duty paid on the stock of raw material warehoused beyond the period of three years – In absence of any limitation period for demand...

Excise – Gujarat High Court: Circular reiterates the requirement to grant three opportunities of personal hearing with sufficient interval - To insist on someone to appear on that very day of the issue of notice even if...

Service Tax – Cestat New Delhi: Collection of toll /user fee on behalf of NHAI is not chargeable to Service tax – Appeal allowed [Order attached]

Service Tax – Cestat Chennai: Input service covers not only services directly, in or in relation to the manufacture of final product, but also various services used in relation to the business of manufacture whether prio...

Excise – Cestat Chennai: Excess payment of duty due to the downward price revision was born by the assessee for which supplementary invoices were raised – Also, when the assessee has submitted the CA certificate to prove...

Service Tax – Cestat New Delhi: Fabrication/erection of towers and shelters, which being attached to earth, would not be immovable property merely because a machine is attached to earth for more efficient working, hence...

Excise – Cestat Mumbai: Liquidated damages cannot be included on value of manufacture for the purpose to levy excise duty – Appeal allowed [Order attached]

Customs – New Delhi High Court: Petitioner’s refund claim request was in continuation of the proceedings relating to the earlier application for refund and is not to be treated as fresh refund application, hence refund c...

GST – Bombay High Court: Petitioner, who is sufferer of unique circumstances resulting from pandemic and his health barriers, would be put to great hardship for want of GST registration - Right to carry on trade or profe...

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