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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 – Patna High Court: Providing minimum statutory period of 30 days from issue of DRC-01 is mandatory as per Section 73(8) for making the payment due – Summary ex-parte Order in Form DRC-07 issued before the expiry of...

GST – Patna High Court: As the order is not only non-speaking, but also cryptic in nature and the reason of cancellation is not decipherable therefrom, hence Order needs to be quashed due to principles of natural justice...

Excise – Cestat Kolkata: Transfer of semi-finished goods for machining without permission from the Department is only a procedural and technical lapse on the part of the appellants – Token penalty of Rs.5,000/ is leviabl...

Customs – Cestat Mumbai: Failure to file Bill of Entry within the time due to error in ICEGATE system is not a sufficient cause to impose late fee on the Appellant – Department is directed to pay minimum litigation fee o...

Excise – Cestat New Delhi: Any amount deposited as a pre-deposit for maintaining the Appeal has to be refunded and the provisions of section 11B will not be applicable – If refund is not made within three months from the...

Excise – Cestat Kolkata: Merely basis third party’s statement without cross examination, demand cannot be made as there is no other evidence in the impugned order to show that the Appellant has willfully suppressed the f...

GST – Delhi High Court: The ‘documents or book or things’ can be retained for a maximum period of four and half years, within which period the notice has to be issued, plus thirty days from the date of erroneous refund -...

Excise – Cestat Ahmedabad: Non-transfer of unutilized cenvat credit is as good as reversal of Cenvat, hence refund cannot be rejected on ground of Cenvat is not debited from the account – Appeal allowed [Order attached]

Excise – Jharkhand High Court: For claim for rebate of duty, the period of limitation prescribed under Section 11B shall have to be applied and applicable – Current refund claim being filed after 1 year hence are time ba...

Service tax – Cestat Chennai: As per Section 102, the service provider is eligible for exemption of Service tax only if works contract is entered prior to 01.03.2015, since the instant contract has been entered prior to...

Excise – Cestat Kolkata: Insistence of penalty from the Accountant, when the main party has settled the issue under SVLDRS, defeats the spirit of the scheme itself, hence penalty imposed on the Accountant, is set aside –...

Service tax – Cestat Mumbai: When there is delay in sanctioning the refund, as per provisions of Section 11BB interest is payable on the expiry of period of three months from the date of application – Decisions of Hon'bl...

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