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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 – Gujarat High Court: GST law requires to provide an opportunity of personal hearing when any adverse decision is contemplated, even without any request for personal hearing by assessee, hence the instant Order not a...
Excise – Cestat Mumbai: The issue pertains to refund of Cenvat amount by the appellant in the capacity of a manufacturer, hence Revenue was required to file appeal before Commissioner (Appeals) under section 35A of the C...
Excise – Cestat Kolkata: Once the duty has been paid in cash, earlier payments made through Cenvat Account are liable to be re-credited and no objection that such re-credit was not on the basis of any eligible document c...
Service Tax – Cestat Mumbai: Refund benefit cannot be denied on the ground that there is no nexus between the input services and exportation of the output service – Appeal allowed [Order attached]
Service Tax – Cestat New Delhi: Buying and selling of SIM cards and recharge coupons does not amount to provisioning of service – Not taxable under business auxiliary service; As Department was fully aware of the activit...
Customs – Cestat New Delhi: The use of the aircraft by the Chairman/Managing Director for non-revenue purpose would not make the aircraft a private aircraft, there is no violation of condition for import of aircraft – A...
Customs – New Delhi High Court: Petitioner is entitled to Custom Broker License as he scored 50% and above in the oral examination and the cut off passing marks could not have been changed after the issue of examination...
Customs – Cestat Chennai: As the PSI certificate issued by the Branch was subsequently ratified by the DGFT, which is complete in all respect, hence there is no violation of import - Redemption fine and penalty under Sec...
GST – Patna High Court: Not only the order is non-speaking, but cryptic in nature and the reason of GST registration cancellation is not decipherable therefrom, Principles of natural justice stand violated, hence directe...
GST – Orissa High Court: Issue of rectification of B2B reported under B2C in GSTR-1, after the due date – Held that not permitting the Petitioner to rectify the return after the deadline will unnecessarily be prejudiced...
Customs – Cestat New Delhi: It is the onus on the Customs Department to lead evidence in support of allegation as to the smuggled nature of goods - Non-claiming of seized goods does amounts to smuggling – Not liable to d...
GST – Allahabad High Court: Issue of inability to file online appeal due to technical glitch – Held that if no other method has been notified by the Commissioner for filing appeal other than through electronic mode, it w...
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