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The Supreme Court has held that (i) The Central Board of Indirect Taxes and Customs must re-examine the provisions/timelines fixed for correcting the bonafide errors. Time lines should be realist as lapse/defect invariably is realized when input tax credit is denied to the purchaser when benefit of tax paid is denied. Purchaser is not at fault, having paid the tax amount.… Read More ...
The Supreme Court has held that (i) It appears that on account of mistakes or errors getting noticed on the input tax credit, and the input tax credit being subsequently denied to the purchaser, the Revenue has been taking the stand that rectification is not possible after expiry of the period prescribed under Sections 37(3) and 39(9) of the Central Goods… Read More ...
The Bombay High Court has held that S. 73 : Determination of tax not paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful -misstatement or suppression of facts - Demands and recovery - Mere claim of demand being without jurisdiction does not warrant waiver of statutory pre-deposit requirement for filing… Read More ...
The Bombay High Court has held that Goods and Service Tax Act , 2017 S.73 : Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any willful -misstatement or suppression of facts- Challenge against show cause notice under the CGST-Writ against show cause notice is dismissed-Alternative remedy-No… Read More ...
The Madras High Court has held that Condonation of delay: If notice is uploaded in the portal but no hard copy is served on the assessee, delay in filing appeal can be condoned The petitioner claimed that due to ambiguity in the procedure adopted after the GST enactment, he failed to note the show cause notice issued by the second respondent showing… Read More ...
The Supreme Court has held that One of the conditions for seeking the benefit under the Amnesty scheme is that there should be no pending proceeding and in order to comply with that condition, the appellant had withdrawn his appeal then pending before the appellate authority. But there is no bar as such for seeking restoration of the appeal if the… Read More ...
The Calcutta High Court has held that *Ramesh Kumar Patodia Vs Citibank N.A[Calcutta High Court]* Date: July 25,2023 Sub:*Whether loan on credit card granted by Citibank is liable for IGST in terms of the IGST Act even when the interest on loan is exempted from IGST ?* The Division bench of Calcutta High Court in this case was dealing with an appeal… Read More ...
The Supreme Court of India has held that Commissioner of Customs ,Central Excise & Service-tax Vs Suzlon Energy Ltd (Supreme Court) Date-10th April 2023 Sub-Whether custom made design imported on a blue print is goods and thus not liable for payment of service tax under the head design services? The Supreme Court was considering service tax demand for the period June 2007 to… Read More ...
The Supreme Court of India has held that CCE Aurangabad Vs Videocon Industries Limited(Supreme Court) Date:29th March 2023 Sub-Whether LCD panels are to be classified as part of television sets or audio players or independently for charging Customs duty? The Apex Court in this case was dealing with the classification of LCD Panels which were imported and were to be used as part… Read More ...
The Supreme Court of India has held that AMD Industries Ltd Vs Commissioner of Trade Tax, UP & Anr(Supreme Court) Date-9th January 2023 Sub-What is the meaning of diversification to be eligible to claim exemption under the UP Trade Tax Act? The Supreme Court of India in this case was considering the meaning of the term diversification when the appellant in this case… Read More ...