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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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Excise – Cestat Mumbai: It is mandatory to examine the statement of employee by the adjudicating authority as per section 9D of Central Excise Act, since the said provision is breached hence the order is set aside [Order...

Service Tax – Cestat Mumbai: Screening of a movie is not a taxable service except where the distributor leases out the theater and the theater owner get a fixed rent – In cases character of a “person” is not acquired in...

GST – New Delhi High Court: No recovery of tax should be made during search, inspection or investigation unless it is voluntary, even if the assessee comes forward to make voluntary payment in the prescribed form i.e., G...

Excise – Cestat New Delhi: The benefit of the exemption notification is available to goods which are made wholly of cotton whereas in this case the product is 56 per cent cotton and 44 per cent of several other materials...

Custom – Cestat Mumbai: As the appellant is unable to evince due to discharge of obligation, considering the nature of lapse on the part of the ‘customs broker’, it is directed to forfeit the security deposit and impose...

Excise – Cestat Mumbai: Medical benefits pertaining to employees and dependents, even if they are in terms of VRS/retirement/separation schemes, are an integral part of the ‘employee cost’, hence Cenvat credit is allowed...

GST – New Delhi High Court: Electronic credit ledger cannot be blocked on ground of non-payment to supplier within 180 days as there is no allegation of fraudulently availment of ITC credit – Writ petition allowed [Order...

Excise – Cestat Ahmedabad: Utilization of cenvat credit of basic excise duty for payment of education cess and secondary and higher education cess is no longer res-integra and is correct and legal – Appeal allowed [Order...

Service Tax – Cestat New Delhi: The Relationship is not one of service provider-service recipient but one of partners in a joint venture in which each contributed something to the project and shared the Revenue earned -...

Excise – Cestat Mumbai: Claim of refund cannot be denied on ground of non-registration of agreement - The difference is due to the annual increase in monthly rental from time to time and in accordance with the lease agre...

GST – Calcutta High Court: Demand of late fee is not tenable as the delay in filing of returns was on account of cancellation of registration – Writ petition allowed [Order attached]

Excise – Cestat Mumbai: In terms of the notification, the only requirement was to show that the manufacturer had refunded the excess amount collected and claimed as refund to the tax owners – Hence, refund claim filed in...

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