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AAR Gujarat: Since Notification referred only to “fuel”, concessional rate cannot be extended to ele... Bombay High Court: Second GST refund application cannot be rejected merely because a prior applicati... Gujarat High Court: Section 16(2)(c) is constitutionally valid, ITC is denied if the supplier fails... Calcutta High Court: False declaration in e-way bill and improper documentation can attract penalty...

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GST – Madras High Court: When there is an appeal remedy available u/s 107, the writ petition cannot be filed by invoking the extraordinary jurisdiction of the High Court; It is possible only under three circumstances viz...

GST – AAR Andhra Pradesh: Spent Earth Oil is taxable heading 1518, which finds place at SI. No 90 of Schedule I at 5% rate and SI.No. 27 of Schedule II at 12% of notification No. 01/2017 Central Tax (Rate) Dt.28.06.2017

Customs – CBIC has issued Notification No. 44/2022- Customs dated 23 July 2022 wherein it has amended the Notification No. 49/2021-Customs, dated the 13 October 2021 in order to extend the concessional Agriculture Infras...

GST – Jharkhand High Court: SCN issued without indicating specific contravention are vague; Summary SCN in Form DRC-01 could not substitute the requirement of a proper show cause notice.

Excise – Bombay High Court: Not having sufficient details for accusation Director of a company liable for penalty, is contrary to the principle of vicarious liability.

Service Tax – Cestat Chandigarh: Show cause notice under Section 73(3) cannot be issued if tax is paid before the notice has been issued – Appeal allowed.

Excise – Cestat Chennai: Assessee is incumbent to atleast offer an explanation to clear the doubts, in case a notice is issued – In absence of explanation, the fact remains same that assessee has wrongfully availed CENVA...

Customs – Cestat New Delhi: Delay in intimation of change of constitution of a Customs Broker within 60 days is not a significant violation but only that of a delay in reporting – Order for forfeiture of security deposit...

Customs – Cestat Kolkata: Director out of station on business trip is a reasonable explanation for delay in filing the appeal, hence delay condoned and the case is remanded back to decide.

GST – High Court Calcutta: Entitlement of the petitioner to the input tax credit is a vested right and the same cannot be denied on account of procedural problem i.e. inability to digitally sign GST TRAN-1: Petition Allo...

Customs – High Court of Calcutta: Complying with the demands of the department does not amount to accepting the charges by the assessee and hence Tag of a “Risky Exporter” is not sustainable in the absence of fresh mater...

GST- AAR Uttar Pradesh: Services provided by the applicant to AIIMS by way of Entrance examination are exempted from GST; Services provided by way of recruitment examination and Semester/ Course examination are not exemp...

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