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Untitled Document

TODAY'S CASE (INDIRECT TAX)

Taxindiaonline.com



July 02, 2024

++ Cus - Uploading assessment order on portal is not sufficient compliance of intimation: HC

++ Cus - If any refund arises out of any order passed by the Commissioner(A)/Tribunal, unless a stay order is obtained, refund must be granted after three months from the date of the order: HC

++ ST - Petitioner was subjected to pay tax for the services availed for generation of power - Since Notification 15/2017-ST has been struck down, respondent to refund tax already paid: HC

++ ST - Non-imposition of Penalty - Once it is a discretion to be exercised, there can be no substantial questions of law arising thereof: HC

++ GST - Transitional Credit - Recording invoices in the books of account, extension of time allowed u/s 140(5) proviso - However, it does not provide date by which such application is to be filed: HC

++GST - Exports - Refund of IGST - Broken rings and chains supplied for making jewellery - Value of gold sold by jeweller would be shown inclusive of what is received - Respondent has excluded such value while working out refund - Matter remanded: HC

++ GST - GSTAT was not constituted when petition was filed - Since constituted now, petitioner directed to exhaust alternate remedy by filing appeal before it: HC

July 01, 2024

++ GST - Mandating that refund applications have to be filed electronically is contrary to rule 97A which permits manual filing of applications - Pay 10,000/- as costs: HC

++ GST - No  GST DRC-04 was issued - Payment of Rs.30 lakhs could not have been said to be voluntary as it was done during search, which search completed after two hours of payment - Authorities to return amount: HC

++ GST - Entire liability towards tax, interest and penalty was appropriated from petitioner's bank account - Interest of justice warrants that petitioner be provided an opportunity to contest tax demand on merits: HC

++ GST - Tax proposal was confirmed without the petitioner being heard - Order set aside and matter remanded, but upon the petitioner remitting 15% of tax demand: HC

++ GST - In absence of evidence of non-payment for more than 180 days, it could not have been concluded that petitioner was not entitled to avail ITC - Matter remanded: HC

++ GST - ITC - Purchase of goods vehicle, whether for furtherance of business - Petitioner to remit 10% disputed tax - Matter remanded: HC

++ GST - Petitioner could not participate in the proceedings since being unaware of the same - Matter remanded subject to petitioner remitting 10% of disputed tax demand: HC

++ GST - Petitioner's reply was construed as vague and not trustworthy because they failed to submit documents for reconciliation - Re-consideration is warranted in interest of justice subject to deposit of 10% of disputed tax: HC

++ ST - The case needs to be re-heard by Original Adjudicating Authority giving opportunity to appellant to defend their case effectively and explain the nature of income in respect of which Department is alleging levy of Service Tax: CESTAT

++ CX - The services on which credit was availed are integral to the business of manufacture carried out by appellants, impugned order cannot be sustained and is set aside: CESTAT

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