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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 – Kerala State GST Department issued Trade Circular on Mandatory furnishing of correct and proper information of ineligible / blocked Input Tax Credit and reversal thereof in return in the updated FORM GSTR-3B - Amou...
Excise – Cestat Kolkata: Appellant being a bonafide purchaser of goods and made payments by cheque is a proof of his bona fide, hence Cenvat Credit is allowed - It would be unreasonable and unrealistic to expect the buye...
Excise – Cestat New Delhi: Appellant allowed refund of Cenvat Credit transitioned to GST regime vide TRAN-1, as credit has been accumulated due to exports - Bar of limitation is not applicable for refund under section 14...
Excise – Cestat New Delhi: The specific request of appellant to cross-examine was declined - Any findings solely based upon the statements cannot be confirmed unless those statements have stood the test of Section 9(D) –...
Excise – Cestat Mumbai: Cenvat Credit available on Steel tubes, M.S. Wire, SS Welding Tube, Alloy Steel, Pipe, H.R. Steel Pipe, chain, M.S. Slate, H.R. Steel Coil, Link outer etc. as they are used for smooth and efficien...
Customs – Cestat New Delhi: As the appellant admittedly is not the importer, the impugned order confiscating the goods and demanding duty from him is bad in law – Show cause notice is vague as it does not specify the par...
GST – Orissa High Court: Entertainment of the writ petition at the stage of show cause notice would be premature - Doing so would frustrate the tax administration and interdict adjudication process – Petitioner is allowe...
Customs – Cestat Mumbai: Appellant submission that they have opted for first check to file B/E, cannot be said to be valid defence as first check is a facility to determine the exact nature of the goods, and not a facili...
Excise – Cestat New Delhi: General provision created for non/slow moving inventory won’t require reversal of Cenvat Credit as it was not fully or partly written off in the books of account against any specific asset – Ap...
Customs – Cestat Mumbai: There has been substantial delay between the issuance of charge-sheet under the extant Regulations and the culmination in revocation – Casual disregard of timelines is not to be encouraged as it...
Excise – Cestat Ahmedabad: As the Notification in which rate of duty was revised downward were not offered for sale by the Directorate of Publicity and were put on the CBEC website on the next date around 11:45 hours on...
GST – Jharkhand High Court: Summary SCN in terms of GST DRC-01, informing about initiation of proceedings for utilization of excess ITC was neither electronically uploaded nor physically made over to the petitioner, henc...
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