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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 – AAR Karnataka: Though applicant being NRI is the absolute owner of property, but the act of leasing of immoveable property was taken up by Smt Prabhavathi as a GPA holder of the said property - Also the income from...

GST – Bombay High Court: As Department has rejected the refund of ITC without issuing deficiency memo and has directly issued SCN, and also opportunity of hearing was not granted, hence the refund rejection Order is set...

GST – AAR Karnataka: Product “Bio-Phosphate” which contains Rock Phosphate and thus it is a phosphatic in nature, merit classification under heading 3103 90 00 exigible to GST @ 5% [Order attached]

Service Tax – Cestat Ahmedabad: Since the appellant have paid service tax and subsequently when tax was made exempted retrospectively, the incidence of service tax stood passed on - Lower authorities have rightly credite...

Service Tax – Cestat Ahmedabad: Since the club consists of members and there is no different entity and relationship between the Club and its Members therefore, service to self cannot be liable to service tax – Appeal al...

Excise – Cestat Ahmedabad: Irrespective of the fact that whether at the supplier’s end duty is payable or otherwise, if the duty has been paid on the goods at the recipient end, for the purpose of availment of Cenvat cre...

GST – AAR TAMILNADU: Renting Warehouse to store Agricultural Produce is considered as supply of service, and the same is not classifiable as “loading, unloading packing, storage or warehousing of agricultural produce, wi...

Excise – CESTAT Chandigarh: Commissioner (Appeals) has travelled beyond the remand order passed by the Tribunal - Lower authorities cannot travel beyond the remand order passed by the higher authorities – Appeal allowed...

Service Tax – Cestat Hyderabad: Works contracts in the nature of turnkey/EPC projects for Governments with respect to laying of pipes for water supply/sewerage is not exigible to Service tax – Appeal allowed [Order attac...

Service Tax – Cestat Chennai: Forfeiture of earnest money deposit and liquidated damages received towards “consideration” for “tolerating an act” is not leviable to Service tax – Appeal allowed [Order attached]

GST – Allahabad High Court: Merely because no notices were issued under Section 61 would mean that issue of classification or short payment of tax cannot be dealt with under Section 74 as exercise of such power is not de...

GST – Allahabad High Court: Issue of detention of goods along with vehicle due to goods transit without E-Way bill - Directed to release the goods if the petitioners offer to pay two hundred percent of the tax payable [...

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