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Cus - When there is nothing on record to show that appellant had connived with other three persons to import AA batteries under the guise of declaring goods as Calcium Carbonate, penalty imposed on appellant are set aside: HCCus - The penalty imposed on assessee was set aside by Tribunal against which revenue is in appeal is far below the threshold limit fixed under Notification issued by CBDT, thus on the ground of monetary policy, revenue cannot proceed with this appeal: HCGST -Since both the SCNs and orders pertain to same tax period raising identical demand by two different officers of same jurisdiction, proceedings on SCNs are clubbed and shall be re-adjudicated by one proper officer: HCFormer Jharkhand HC Chief Justice, Justice Sanjaya Kumar Mishra appointed as President of GST TribunalSale of building constructed on leasehold land - GST implicationI-T - If assessee is not charging VAT paid on purchase of goods & services to its P&L account i.e., not claiming it as expenditure, there is no requirement to treat refund of such VAT as income: ITATBengal Governor restricts entry of State FM and local police into Raj BhawanI-T - Interest received u/s 28 of Land Acquisition Act 1894 awarded by Court is capital receipt being integral part of enhanced compensation and is exempt u/s 10(37): ITATCops flatten camps of protesting students at Columbia UnivI-T - No additions are permitted on account of bogus purchases, if evidence submitted on purchase going into export and further details provided of sellers remaining uncontroverted: ITATTurkey stops all trades with Israel over GazaI-T- Provisions of Section 56(2)(vii)(a) cannot be invoked, where a necessary condition of the money received without consideration by assessee, has not been fulfilled: ITATGirl students advised by Pak college to keep away from political eventsI-T- As per settled position in law, cooperative housing society can claim deduction u/s 80P, if interest is earned on deposit of own funds in nationalised banks: ITATApple reports lower revenue despite good start of the yearI-T- Since difference in valuation is minor, considering specific exclusion provision benefit is granted to assessee : ITATHome-grown tech of thermal camera transferred to IndustryI-T - Presumption u/s 292C would apply only to person proceeded u/s 153A and not for assessee u/s 153C: ITATECI asks parties to cease registering voters for beneficiary-oriented schemes under guise of surveysST - Since Department itself admits that service carried out by appellant is that of 'Mining Services' w.e.f. 01.06.2007, thus demand for earlier period has been made only to fasten excess Service Tax demand on appellant which cannot sustain: CESTATICG rescues fisherman with head injury onboard IFB St. Francis off the Gujarat coastCX - When physical stock verification carried out by Officers was not fool proof and there were anomalies, benefit of doubt should be extended to assessee, duty demand confirmed on alleged clandestine removal is not sustainable: CESTAT
 
ST - Freezing of bank accounts - In invoices raised, price charged included component of ST which was recovered - it is not that there is an uncrystallised or unascertained dues - a/c released temporarily for making deposit of Rs 5 Cr: HC

By TIOL News Service:

MUMBAI, MAY 11, 2016: THE petitioner states that Service Tax department have initiated coercive action to recover the amount of tax which is yet to be ascertained. In other words for unascertained and uncrystallized dues, bank accounts of the petitioner have been frozen and attached and,therefore, the Service Tax Commissioner should be directed to release the bank accounts, it is pleaded.

The petitioner, in their letter dated 31.03.2016,admitted the service tax liability of Rs.12.77crores for the period 2010-11 till 2014-15. Adding up the dues till date would make the petitioner liable to pay Rs.18 crores plus interest.

The High Court observed that the petitioner had rendered services to various customers/clients, and the Invoices and bills have been raised on them and the price charged includes component of service tax; thus, service tax had been recovered from the clients/customers, who are recipients of the services, but there is default in depositing it in the Government treasury.

It was also noted that prima facie the letters of the petitioner on the subject of payment of Service Tax in Government Treasury do not indicate that there is any uncrystallized or unascertained dues, but known to the petitioner and non remittance thereof in Government Treasury would invite interest and penalty.

The High Court after considering the submissions ordered thus -

++ The petitioner to deposit sum of Rs.5crores with the respondents on or before 10th June, 2016 and produce proof of the same before the Registrar (O.S.), of such deposit on that day. Time to make payment shall not be extended and no application will be entertained even during vacation by this Court;

++ To enable petitioner to pay an amount of Rs.5crores, following three bank accounts of the petitioner shall be released temporarily forthwith.

++ Any default in compliance with the order shall result in the writ petition being dismissed without any further reference to this Court and these accounts can be reattached and refrozen.

(See 2016-TIOL-917-HC-MUM-ST)


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