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Customs –.Cestat New Delhi: Since no appeal has been filed, the order of the Tribunal has attained finality - Refund can be claimed on Bills of Entry amended under Section 149 of the Customs Act, 1962 – Department’s Appe...
Service Tax – Cestat Chennai: Demand of Service tax on ocean freight/ air freight or the mark-up on the above received by the appellant cannot be subject to levy of Service Tax – Appeal allowed [Order attached]
Excise – Cestat Chandigarh: Cenvat credit is available on service tax paid on repair and maintenance during the warranty period as the same fall within the ambit of ‘Input Service’ – Appeal allowed [Order attached]
Customs – Cestat Ahmedabad: Refund of duty paid twice on account of technical glitch - Held that refund allowed as lack of diligence is not indicated on the face of record – Appeal allowed [Order attached]
Excise – Cestat Ahmedabad: Cenvat credit cannot be denied on the ground that the 'activity related to business' has been removed from the definition of input service, which are otherwise required for the overall business...
Service Tax – Cestat Chennai: If the activities of “clearing‟ and “forwarding‟ is rendered by same person and by separate agreements, the freight forwarding is to be included in the taxable value for C & F service – Appe...
Service Tax – Cestat Hyderabad: Appellants have incurred charges towards Consultancy for Provident Fund, ROC filing, CMA data preparation, RTA charges, etc., which have not been received from individual Advocate or a fir...
GST – New Delhi High Court: The deposit made by the petitioner in the FORM GST DRC-03 at about 9:00 pm while the Department were conducting the inspection, hence the same is not voluntary – Writ petition disposed [Order...
GST – New Delhi High Court: Acknowledgement accepting the deposit in form GST DRC-04 was not issued and no notice issued under Rule 142 (1A) communicating the details of any tax, interest or liability - Not following the...
GST – New Delhi High Court: Reversal of ITC has been made while the petitioner’s premises were being searched and he was being subjected to questioning/ enquiries - Hence it is unable to accept that the reversal of ITC w...
GST – Calcutta High Court: Unsigned order is no order in the eyes of law - Merely uploading of the unsigned order, may be by the Authority competent to pass the order, would not cure the defect which goes to the very roo...
GST – Calcutta High Court: Issue of imposition of penalty for transporting goods in vehicle other than mentioned in e-way bill due to mechanical failure - Held that absence of requirement to establish mens rea by the dep...
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