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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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Customs – Cestat New Delhi: Clearance of assignment on commission basis by CHA/ Appellant on behalf of the importer who is otherwise validly existing at the declared address and having valid IEC and GSTIN is highly insuf...
Excise - Cestat Mumbai: Refund allowed of cash paid during investigation towards reversal of Cenvat credit - Merely because the CA certificate in respect to passing incidence of tax is not as per the liking of the author...
Custom – Cestat Chennai: Appellant cannot sublet their CHA license or allow any agencies to use their service provider registration number, but the facts reveal that service tax has already been paid to the Government by...
Excise – Cestat Ahmedabad: If brand is owned by any of the member or jointly by the family, any member of the family if uses the said brand, it cannot be said that assessee is using the brand name of other person - SSI E...
Service Tax – Cestat Ahmedabad: The role of the appellant was limited to being an intermediary in the sale of space/ time for media agency on commission basis, nothing to establish that the appellant were providing “Adve...
Service Tax – Cestat Mumbai: Once the booking contract is cancelled and the consideration for service is returned, it is evident that no service is provided and hence requirement of paying any tax on it does not arise -...
GST – Karnataka High Court: Municipal Corporations and the Municipalities which are the inferior corporate bodies of the State do not have power to levy and collect the tax on advertisement - Municipal and Panchayaths ha...
Excise – Cestat Ahmedabad: Refund of duty allowed on goods cleared from the factory premises to depot on stock transfer basis, which were eventually given away as free unit discount along with other goods sold/discount g...
Customs – Cestat New Delhi: As the exported goods were never cleared for home consumption, there was no occasion for the appellant to actually pay the customs duty, hence the amount in question cannot be called as the am...
Excise – Cestat Ahmedabad: Cenvat credit of Advertisement Service & Sales Promotion Services distributed by ISD registration were not used for exempted supplies, hence Cenvat credit cannot be disallowed – Though the Trib...
Excise: Orissa High Court: Proceeding initiated after 5 years of show cause notice is not valid where attempts were made by the Department to revive a matter sent to the Call Book several years later – Writ petition allo...
GST – High Court of Jammu & Kashmir and Ladakh: As per the erstwhile Circular that existed prior to 1st July 2017, the units located in J&K were required to pay Excise duty and avail exemption by way of refund of cash co...
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