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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 – Rajasthan High Court: Principles of natural justice have been violated by the adjudicating authority by not granting personal hearing before rejecting the refund and the appellate authority only on account of the f...
GST – Karnataka High Court: As Petitioner made a bonafide error in entering details of “Imports” under head of “all other ITC” in GSTR-3B for the month of July 2017 and March 2018, hence Petitioner is permitted to rectif...
Custom – Cestat Mumbai: Issue of misdeclaration of qty and value of goods – Held that it is the settled legal position that it is the importer who is liable to pay the duty not even its director or proprietor as the case...
Excise - Cestat Ahmedabad: In terms of strict provision of Rule 11(3) of Cenvat Credit Rules, the bar of lapsing of credit is applicable only when the assessee avail the absolute exemption notification - In the present c...
Service Tax - Cestat Kolkata: There is no restriction in the CENVAT Credit Rules that the Appellants should not use the prime quality materials for the manufacture of final products - As long as there is no dispute rega...
Excise – Cestat Kolkata: Dispute in availment of Cenvat credit due to invoices do not mention credit registration number of the consignee, registration number of the carrier vehicle – Held that substantive benefit cannot...
Service Tax – Cestat Ahmedabad: Issue of difference between closing balance of Cenvat Credit in ST returns leading of tax demand – Held that as correct closing balance of Cenvat Credit was declared in the books of accoun...
Service Tax – Cestat Ahmedabad: IPL cricket players wearing apparel which bears the brand/marks of various sponsors cannot be considered as promoting any particular brand or product or service as an independent individua...
Excise – Cestat Ahmedabad: In the SCN there is no evidence even of a sample case that the appellant have availed Cenvat credit on scrap of steel material at the time of use thereof, hence demand is set aside – Appeal all...
Service Tax – Cestat Ahmedabad: As the department has collected the amount even though the adjudication process was undergoing, the same at the most can be considered as pre-deposit – Refund allowed from the date of depo...
Customs – Cestat New Delhi: Issue of violation of condition of exemption for import of aircraft – Held that Customs authorities can proceeded to recover the duty on the basis of the undertaking only when the competent au...
Service Tax – Cestat New Delhi: As the agreement specifically refers to the amount as an advance which would be adjusted with the fees payable, hence the advance cannot be treated as security deposit and is liable to Ser...
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