Indirect Tax Cases Quarterly Digest : 2024
Mariya Paliwala
7 April 2024 11:30 AM GMT
Supreme Court Customs Act | Importer's Subsequent Import Bill Be Discarded If Undervalued To Previously Imported Identical Or Similar Goods: Supreme Court Case Title: M/s Global Technologies and Research versus Principal Commissioner of Customs, New Delhi (Import) Citation : 2024 LiveLaw (SC) 239 Recently, the Supreme Court held that under the Customs Act, the...
Supreme Court
Customs Act | Importer's Subsequent Import Bill Be Discarded If Undervalued To Previously Imported Identical Or Similar Goods: Supreme Court
Case Title: M/s Global Technologies and Research versus Principal Commissioner of Customs, New Delhi (Import)
Citation : 2024 LiveLaw (SC) 239
Recently, the Supreme Court held that under the Customs Act, the Importer's Bill of Entry of subsequent imported goods can be discarded if the subsequent imported goods are undervalued to the previously imported identical or similar goods.
Customs Act | S. 71 Inapplicable If Imported Goods Were Stocked Outside Notified Public Bonded Warehouse With Permission : Supreme Court
Case Title: M/s Bisco Limited V Commissioner Of Customs And Central Excise
Citation : 2024 LiveLaw (SC) 257
The Supreme Court has held that Section 71 of the Customs Act, 1962 would be inapplicable to cases where imported goods were stocked outside the notified public bonded warehouse with the permission of the concerned officer.
Customs Act | Claimant Entitled To Interest On Delayed Return Of The 'Duty Drawback' : Supreme Court
Case Title: Union Of India And Ors. Versus M/S. B. T. Patil And Sons Belgaum (Construction) Pvt. Ltd.
Citation : 2024 LiveLaw (SC) 90
The Supreme Court observed that if there is a delay in refund of the 'duty drawback' to the claimant under the Customs Act, 1962, then the claimant would be entitled to interest in addition to the amount of drawback at the rate of interest which was fixed by the Central Government at the relevant point of time.
Case Title: M/s. K.P. Mozika v Oil and Natural Gas Corporation Ltd. & Ors.
Citation: 2024 LiveLaw (SC) 26
The Supreme Court has held that the hiring of motor vehicles/cranes from a contractor is a service and would not attract Sales Tax or Value Added Tax (VAT) assuming the transaction to be the sale of goods. The Court clarified that the transfer of the right to use the goods not only includes possession but also control over goods by the user. If the control over the goods remains with the contractor during the hire period, then it cannot be termed as sale of goods and only service tax can be levied.
Case Title: Commissioner Of Trade Tax, U.P. v. M/s Mishra Tea Blending And Packing Industries, UP [CIVIL APPEAL NOS. 5677-5678/2011]
Citation: 2023 LiveLaw (SC) 1076
Recently, the Supreme Court has held that the definition of 'manufacture' under Section 2(e)(1) of the U.P. Trade Tax Act, 1948 does not include blending and packaging tea.
Supreme Court Dismisses UP Govt.'s Appeal Against Allahabad HC Order Quashing Demand Of Rs. 235.52 Crores Against VIVO
Case Title: State of Uttar Pradesh and Anr. v. M/s Vivo Mobile India Private Ltd. & Ors.
On Thursday(January 4), the Supreme Court dismissed a Special Leave Petition filed by the State of Uttar Pradesh against the order of the Allahabad High Court quashing the demand of Rs. 235.52 Crores raised against Vivo Mobile India Private Limited raised by GST Authorities vide order under Section 74(9) of the Goods and Service Tax Act 2017.
Delhi High Court
Delhi High Court Directs GST Dept. To Pay 6% Interest For Delayed IGST Refund
Case Title: Raghav Ventures Versus Commissioner Of Delhi Goods & Services Tax
The Delhi High Court has directed the GST department to pay 6% interest on delayed IGST refund.
Failure To Consider Reply On Merits; Delhi High Court Quashes GST Demand Against Max Healthcare
Case Title: Max Healthcare Institute Limited Versus UOI
Citation: 2024 LiveLaw (Del) 283
The Delhi High Court has quashed the GST demand of Rs. 8.23 crore against Max Healthcare.
Clandestine Removal And Under-Valuation Charges Can't Be Sustained Merely Based On Assumptions And Presumptions: Delhi High Court
Case Title: Commissioner Of Central Excise Versus Kuber Tobacco Products Pvt. Ltd. & Anr.
The Delhi High Court has held that the charges of clandestine removal and under valuation cannot be sustained merely on the basis of assumptions and presumptions. The absence of direct, credible evidence linking the respondents to the alleged offences necessitate the dismissal of the charges.
Tribunal's Discretion To Dispense Obligation To Deposit Duty/Interest Or Penalty In Cases Of Undue Hardships: Delhi High Court
Case Title: G & S International Versus Commissioner Of Customs
The Delhi High Court has held that the proviso to Section 129E of the Customs Act, 1962, gives discretion to the Tribunal in cases of undue hardships to dispense the obligation to deposit the duty, interest, or penalty.
Second Petition Can't Be Filed If First Petition Challenging ITC Reversal Is Unconditionally Withdrawn: Delhi High Court
Case Title: Jetibai Grandsons Services India Pvt Ltd Versus Union Of India & Ors.
Citation: 2024 LiveLaw (Del) 384
The Delhi High Court has held that the petitioner, having unconditionally withdrawn the earlier petition and liberty being specifically declined to the petitioner, is precluded from filing the fresh petition seeking the same relief that was earlier withdrawn by the petitioner.
Exporters Not Traceable, Customs Broker Can't Be Held Liable After Issuance Of 'Let Export Orders': Delhi High Court
Case Title: Naman Gupta Versus Commissioner Of Customs Airport And General
The Delhi High Court has held that as a customs broker, the petitioner cannot be held liable because exporters were not traceable after the issuance of 'Let Export Orders' and the export of the goods out of the country.
Delhi High Court Directs Dept. To Consider ITC Refund In Light Of CBIC Circular Extending Benefit Of Exclusion Period
Case Title: M/S Bharti Enterprises Versus Commissioner, Value Added Tax, Department Of Trade And Taxes & Ors.
The Delhi High Court has directed the department to consider refunding the input tax credit (ITC) in light of the circular issued by the Central Board of Indirect Taxes and Customs (CBIC) extending the benefit of the exclusion period.
Period Spent In Disposal Of Appeal Before CESTAT Shall Not Be Counted Towards Period Stipulated Under Section 28 (9) Of Customs Act: Delhi High Court
Case Title: Anand International And Ors. Versus Commissioner Of Customs
The Delhi High Court has held that the period spent in the disposal of the appeal before the CESTAT, i.e., between the filing and the final order being passed, shall not be counted towards the period stipulated under Section 28 (9) of the Customs Act.
Delhi High Court Quashes SCN & Order Lacking Reasons For Retrospective Cancellation Of GST Registration
Case Title: Apshara Garments Pvt. Ltd Versus Commissioner Of Delhi Goods And Service Tax
The Delhi High Court has quashed the show cause notice, which was lacking reasons for retrospective cancellation of GST registration.
Case Title: Amway India Enterprises Private Limited Versus Commissioner, Vat, Delhi & Ors.
The Delhi High Court has held that coconut oil sold by Amway as a hair oil cannot be classified as edible oil under the DVAT Act.
Case Title: M/S Een Een Sales Corporation Versus Assistant Commissioner Of Central Goods And Service Tax
The Delhi High Court has held that taxpayers are not provided an opportunity to object to the retrospective cancellation of GST registration.
GST Registration Can't be Cancelled Retrospectively For Non-Filing Of Returns: Delhi High Court
Case Title: Aryan Timber Store Through Its Prop Virender Kumar Versus Sales Tax Officer
The Delhi High Court has held that GST registration cannot be cancelled with retrospective effect for mere non-filing of returns.
Delhi High Court Directs Customs Commissioner To Release Amount After Realising Redemption Fine, Penalty From Seized Foreign Currency
Case Title: Oguljeren Hajyyeva Versus Commissioner Of Customs
The Delhi High Court has directed the Customs Commissioner to release the remaining amount after realising the redemption fine and penalty from the seized foreign currency.
Order Cancelling GST Registration With Retrospective Effect Bereft Of Reasons, Liable To Be Quashed: Delhi High Court
Case Title: RS Wires Industries Versus Sales Tax Officer Class
The Delhi High Court has quashed the order cancelling GST registration with retrospective effect, bereft of reasons.
GST ITC Refund Can't Be Rejected Merely On Ground Of Non-Supply Of Authenticated Document: Delhi High Court
Case Title: M/S Mittal Footcare Versus The Commissioner Of Central Goods And Services Tax
The Delhi High Court has held that an input tax credit (ITC) refund cannot be rejected merely on the grounds of the non-supply of authenticated documents.
Bombay High Court
Service Tax Not Liable To Be Paid On Ocean Freight/Sea Transportation Services: Bombay High Court
Case Title: M/s. Sanathan Textile Pvt Ltd. Versus Union of India
The Bombay High Court has held that service tax is not liable to be paid on ocean freight or sea transportation services.
Categorising Body Massager As Adult Sex Toy, Officer's Imagination, Not Covered Under 'Prohibited Goods': Bombay High Court
Case Title: Commissioner of Customs NS-V vs. DOC Brown Industries LLP
The Bombay High Court has held that categorising the body massager as an adult sex toy was purely the officer's imagination.
Secured Creditor Registered With CERSAI Will Have Precedence Over VAT Authorities Against Proceeds Of Enforcement: Bombay HC
Case Title: Indian Overseas Bank verses Deputy Commissioner of State Tax
The Bombay High Court recently clarified that in a sale of a mortgaged asset, where the mortgage in favour of a secured creditor is registered prior in time with CERSAI, and the MVAT Authorities too have a charge, the proceeds of the enforcement of the mortgage would first go towards discharging the dues owed to the secured creditor.
Maharashtra Govt's Action In Levying Stamp Duty On 'DO' Is Within Legislative Competence Of State: Bombay High Court
Case Title: Saurer Textile Solutions Pvt Ltd Versus The State of Maharashtra
The Bombay High Court has held that the action of the Maharashtra Government in levying stamp duty on delivery orders (DO) is within the legislative competence of the state.
Legal Services Provided By Individual Advocate, Partnership Firm Of Advocates Exempted From Service Tax: Bombay High Court
Case Title: Adv. Pooja Patil Versus The Deputy Commissioner
The Bombay High Court has held that the service provided by an individual advocate, a partnership firm of advocates, by way of legal services is exempt from levy of service tax.
Assessee Ought Not To Have Meted Out Discriminatory Treatment Of Denying Clearance: Bombay High Court Allows Provisional Release Of Premium Cold Coffee
Case Title: M/s. SCK International Versus Commissioner of Customs (Nhava Sheva-V)
The Bombay High Court has held that the petitioner ought not to have been meted out such discriminatory treatment as denying clearance. The harsh and unreasonable conditions cannot be imposed, and more so when there is not an iota of material on the part of the department, as placed before the Court, indicating as to why a different yardstick would be required to be applied to the present consignments when earlier seven consignments were released at 16% to 28% bank guarantee.
Deficiency In Filing Appeal Can't Make Appeal Filed Within Prescribed Period Of Limitation To Be Labelled As Time Barred: Bombay High Court
Case Title: Shri Yogesh Rajendra Mehra Versus Principal Commissioner CGST & Central Excise Raigad (appeal)
The Bombay High Court has held that any deficiency in filing the appeal or application, like failure to file physical documents, cannot cause the appeal, which was registered on the online portal within the prescribed period of limitation, to be labelled and/or held to be barred by limitation.
Madras High Court
Electricity Qualifies As Input For Grant Of CENVAT Credit: Madras High Court
Case Title: M/s.India Cements Limited Versus Commissioner of Customs
The Madras High Court has held that electricity qualifies as an input for the grant of CENVAT credit under the CENVAT Credit Rules, 2002 (CCR).
Case Title: Flow Link Systems Pvt. Ltd. Versus The Assistant Commissioner (ST)(FAC)
The Madras High Court, while remanding the matter, held that the refund claim has to be examined and determined based on documents pertaining to the availing of ITC.
Discount Linked To Subsidy Alone Can Form Part Of “Transaction Value”: Madras High Court
Case Title: M/s.Supreme Paradise Versus Assistant Commissioner (ST)
Citation: 2024 LiveLaw (Mad) 61
The Madras High Court has held that a discount linked to the subsidy alone can form part of the “transaction value.”
Non-Production Of Original Tax Invoice From Registered Dealer, Reversal Of ITC By Dept. Doesn't Amount To Double Taxation: Madras High Court
Case Title: M/s.Thillai Agencies Versus State of Tamil Nadu
The Madras High Court has held that when a registered dealer claims any benefit under Section 19 of the TNVAT Act 2006, he has to strictly adhere to the conditions laid down in the said section.
Madras High Court Quashes Revision Order Passed Under TNGST Act Against Renault Nissan For Travelling Beyond The Scope Of Revision Proceedings
Case Title: Tvl. Renault Nissan Automotive India Pvt. Ltd. Versus Joint Commissioner (ST) (FAC)
Citation: 2024 LiveLaw (Mad) 72
The Madras High Court has quashed the revision order passed under the Tamil Nadu Goods and Service Tax Act (TNGST Act) against Renault Nissan for travelling beyond the scope of revision proceedings.
Madras High Court Directs AO To Allow Transitional Credit Of Purchase Tax Paid Under GST Act If Already Paid under VAT Act
Case Title: M/s.Sri Sasthaa Constructions Versus The Assistant Commissioner (ST)
The Madras High Court has directed the Assessing Officer to allow transitional credit of purchase tax paid under Section 140 of the TNGST Act, 2017, if the petitioner had paid “purchase tax” under Section 12(1) of the TNVAT Act.
In Absence Of Notification For Cross-Empowerment, Action Taken By Counterparts Are Without Jurisdiction: Madras High Court
Case Title: Tvl.Vardhan Infrastructure Versus The Special Secretary
Citation: 2024 LiveLaw (Mad) 136
The Madras High Court has held that in the absence of notification for cross-empowerment, action taken by counterparts was without jurisdiction.
Inquiry To Be Continued By Adjudicating Authority As Per Notification In Vogue And Not Under Superseded Notification: Madras High Court
Case Title: Auro Logistics Ltd Versus The Assistant Director (SRO)
Citation: 2024 LiveLaw (Mad) 137
The Madras High Court has held that the inquiry will have to be continued by the adjudicating authority as per the notification in vogue and not by the adjudicating authority under the superseded notification.
Hostel Service Constitutes 'Residential Dwelling Unit' For Girl Students And Working Women, Will Be Exempt From GST: Madras High Court
Citation: 2024 LiveLaw (Mad) 132
Case Title: Thai Mookambikaa Ladies Hostel v. Union of India
The Madras High Court has recently ruled that Hostel services providing welling to girl students and working women will be exempt from the GST regime as they are residential dwelling units for the girl students and working women.
Goa Cess Act Is Not Subsumed By GST Laws: Bombay High Court
Case Title: Sesa Sterlite Limited through Company Secretary Chandrashekhar D. Chitnis & Anr. Versus State of Goa through Chief Secretary
The Bombay High Court at Goa has held that the Goa Cess Act is not subsumed by the GST laws.
Madras High Court
IGST Refund Claim May Be Made Before Expiry Of 2 Years From Date Of Export Of Goods: Madras High Court
Case Title: M/s.Tulip Nilgiris Exports Pvt. Ltd. Versus Additional Commissioner of Central Taxes and Central Excise (Appeals)
Citation: 2024 LiveLaw
The Madras High Court has held that an IGST refund claim may be made before the expiry of two years from the relevant date. The relevant date is required to be computed from the date of export of the goods concerned by any mode.
Assessee Failed To Cure Defects As Documents Were In The Custody Of Central GST Authority: Madras High Court Quashes Assessment Order
Case Title: Sri Guberan Steels Versus The Assistant Commissioner (ST)
Citation: 2024 LiveLaw (Mad) 43
The Madras High Court has quashed the assessment order and held that the defect was not cured due to the availability of records in the custody of the central GST authority.
Areca Nuts Have Limited Shelf-Life, Risk Of Contamination: Madras High Court Directs Verification Of Certificate Of Origin
Case Title: M/s.Radha Industries Versus Commissioner of Customs
The Madras High Court has directed the verification of certificate of origin within 30 days and in case of failure of verification within time release the seized areca nut is subject to providing a bond for 100% of the value of goods but without insisting on a bank guarantee.
Rajasthan High court
High Courts Can't Entertain Appeals On Determination Of Excise Duty Rate Or Value Of Goods For Assessment: Rajasthan High court
Case Title: Commissioner of Central Goods And Service Tax Versus Jain Poles Industries
The Rajasthan High Court, Jaipur Bench, has held that an appeal would lie to the High Court if the High Court is satisfied that the case involves a substantial question of law; however, an appeal would not lie if the same pertains to the determination of any question having relation to the rate of duty of excise or to the value of goods for purposes of assessment.
Issuance Of Summons Is Not Initiation Of Proceedings Referable To Under Section 6(2)(B) Of CGST Act: Rajasthan High Court
Case Title: Rais Khan Versus Add. Commissioner
The Rajasthan High Court, Jaipur Bench, has held that issuance of summons is not initiation of proceedings referable to under Section 6(2)(b) of the CGST Act.
Himachal Pradesh High Court
Credit Availed On Outward Transportation Services Eligible When Freight Charges Are Included In Taxable Value: Himachal Pradesh High Court
Case Title: M/s INOX Air Products Pvt. Ltd. Versus The Assistant Commissioner Central Excise & Service Tax Division
The Himachal Pradesh High Court has held that credit availed on outward transportation services is eligible when the freight charges are included in the taxable value.
Excise, Revenue And Other Departments Will Not Have Priority Over Secured Creditors: Himachal Pradesh High Court
Case Title: State Bank of India Versus State of H. P. & Ors.
The Himachal Pradesh High Court has held that departments of the state, including excise and revenue, will not have priority over the secured creditor s' debt.
Patna High Court
Patna High Court Imposes Fine Of Rs. 5,000 On GST Officer For 'Forcible And Illegal Recovery' Amid Non-Functional GST Tribunal
Case Title: National Insurance Co. Lt vs The State of Bihar and Ors
LL Citation: 2024 LiveLaw (Pat) 14
In a recent ruling, the Patna High Court slapped a fine of Rs 5,000 on a Goods and Services Tax ( GST ) officer for forcible and illegal recovery of the full tax amount from a man waiting to avail the statutory remedy of appeal before GST tribunal which has not been made functional in Bihar.
Pre-deposit For CGST/SGST Act Appeal Allowed Exclusively From Electronic Cash Ledger, Not Electronic Credit Ledger: Patna High Court
Case Title: M/s Flipkart Internet Pvt vs The State of Bihar and Ors
The Patna High Court has recently ruled that pre-deposit for maintaining an appeal under Section 107(6)(b) of the CGST/SGST Act is permissible solely by utilizing amounts from the Electronic Cash Ledger and not the Electronic Credit Ledger.
Kerala High Court
Kerala VAT Act Empowers Taxing Authorities To Recover Tax Dues From Directors Of Private Company: Kerala High Court
Case Title: Firos C.A. Versus State Of Kerala
Citation: 2024 LiveLaw (Ker) 152
The Kerala High Court has held that Section 39 of the Kerala Value Added Tax Act, 2003, empowers the taxing authorities to recover the tax dues from the directors of the private company if the company fails to make payment of the tax.
Allahabad High Court
Allahabad High Court Grants Bail To Applicant Accused Of Availing Excess Input Tax Credit, As Proceedings U/S 70 And 74 Pending Since Long
Case Title: Qamar Ahmed Kazmi vs. State of U.P.
Citation: 2024 LiveLaw (AB) 131
The Allahabad High Court has granted bail to the applicant accused of availing excess input tax credit as the proceedings under Section 70 and Section 74 of the Goods and Service Tax Act, 2017 were pending since long.
S.5 Limitation Act Applies To Rectification Of Orders U/S 31 Of UP VAT Act: Allahabad High Court
Case Title: M/S Sanyo Koreatex Pvt. Ltd. vs. Deputy Commissioner Trade Tax And Another
Case citation: 2024 LiveLaw (AB) 132
The Allahabad High Court has held that Section 5 of the Limitation Act will apply to rectification of orders passed by officer, authority, Tribunal or the High Court under Section 31 of the Uttar Pradesh Value Added Tax Act, 2008.
GST | Truck Moving Slowly Due To Fault In Engine, Not Extending E-Way Bill Technical Breach: Allahabad HC Quashes Penalty U/S 129
Case Title: M/S Riadi Steels Llp vs. State Of U.P. And 4 Others
Case citation: 2024 LiveLaw (AB) 133
The Allahabad High Court has held that when the GPS tracking system showed slow movement of the truck due to mechanical issues in the engine, penalty under Section 129 of the Goods and Service Tax Act, 2017 could not have been imposed for not extending time-period in e-way bill. The Court held that not extending time period in such case was a technical breach.
No Difficulties In Generating E-Way Bill After April 2018: Allahabad High Court Upholds Penalty U/S 129 GST For Late Production Of E-Way Bill
Case Title: M/S Jhansi Enterprises Nandanpura Jhansi vs. State Of U.P. And Others
Case citation: 2024 LiveLaw (AB) 134
The Allahabad High Court has held that when the Goods and Services Tax Regime was launched in 2017, there were difficulties in downloading e-way bills. However, the difficulties were resolved and from April 2018 there were no difficulties in generating the same.
Writ Jurisdiction Discretionary, To Be Exercised For Petitioners Acting In Good Faith, With Clean Hands: Allahabad High Court
Case Title: M/S Genius Ortho Industries vs. Union Of India And Others
Case citation: 2024 LiveLaw (AB) 135
While dealing with a petition against cancellation of GST registration, the Allahabad High Court held that writ jurisdiction under Article 226 of the Constitution of India can only be exercised for a petitioner who has approached the Court in good faith and with clean hands. The Court held that once there is concealment of facts, writ petition is liable to be dismissed without any relief to the petitioner.
GST | Vehicle Number In 'Bilty' Couldn't Be Changed As Goods Were In Transit, E-Way Bill Was Updated: Allahabad HC Quashes Penalty Order
Case Title: M/S Abhishek Sales vs. Sate Of U.P.
Case Citation: 2024 LiveLaw (AB) 155
The Allahabad High Court has held that for goods in transit, vehicle number in bilty (consignment note) cannot be changed upon change of vehicle due to breakdown. The Court quashed the penalty order on grounds that vehicle number was updated in Part-B of the e-way bill.
Customs Act | “Reason To Believe” For Confiscation Of Goods Must Be Based On Credible Material: Allahabad High Court
Case Title: M/S Maa Kamakhya Trader v. Commissioner Of Customs (Preventive)
The Allahabad High Court has held that for natural products that are also grown inside India, presumption cannot arise that they have been smuggled. The Court held for assuming jurisdiction in such cases, the custom authorities must show that credible material exists to give rise to “reason to believe” to empower them to confiscate the goods under the Customs Act, 1962.
CGST | 'Capital Goods' Are For Long-Term Use, 'Inputs' For Day-To-Day Operations, Not Capitalized In Books Of Accounts: Allahabad HC Clarifies
Case Title: M/S Samsung India Electronics Private Limited vs. State Of U.P. And Others 2024 LiveLaw (AB) 170 [Writ Tax No. 777 of 2022]
Case Citation: 2024 LiveLaw (AB) 170
The Allahabad High Court has clarified that 'capital goods' as defined under Section 2 of the Central Goods and Service Tax Act, 2017 are for long term use whereas 'inputs' are meant for day-to-day business operations and are not capitalized in the books of accounts.
Case Title: M/S Shree Sai Palace vs. State Of U.P. And Others 2024 LiveLaw (AB) 171
Case Citation: 2024 LiveLaw (AB) 171
The Allahabad High Court has held that the use of word 'or' in Section 75(4) of Uttar Pradesh Goods and Service Tax Act, 2017 is disjunctive in nature which means that there are two situations provided in which opportunity of personal hearing must be afforded to an assesee and both situations must be considered independently while applying Section 75(4).
CGST | Travelling Beyond SCN Erodes Trust In Integrity & Impartiality Of Adjudicatory Process: Allahabad High Court
Case Title: M/S Samsung India Electronics Private Limited V. State Of U.P. And Others
Case citation: 2024 LiveLaw (AB) 170
The Allahabad High Court has held that Department travelling beyond the scope of the show cause notice undermines the right to fair hearing of an assesee and also erodes the trust in integrity and impartiality of the adjudicatory process.
Consistency Sacrosanct In Taxation Matters, Department Can't Take Different Stand In Identical Situations: Allahabad HC Grants Relief To Samsung
Case Title: M/S Samsung India Electronics Private Limited vs. State Of U.P. And Others
Case Citation: 2024 LiveLaw (AB) 170
The Allahabad High court has held that the Department must take consistent stands in identical fact situations for different tax periods as consistency is paramount in tax regime.
75(4) UPGST Act| Even If There Is No Request For Personal Hearing, Must Be Heard Before Adverse Decision: Allahabad High Court
Case Title: M/s K.J. Enterprises vs. State of U.P. and others 2024 LiveLaw (AB) 73 [Writ Tax No. 1544 of 2022]
Case citation: 2024 LiveLaw (AB) 73
The Allahabad High Court has held that before taking any adverse decision under the Uttar Pradesh Goods and Service Tax Act 2017, an opportunity of hearing must be provided to the assesee even if there is no request on his part.
UPGST | Expired E-Way Bill, But No Intention To Evade Tax: Allahabad High Court Quashes Penalty Order
Case Title: M/s Globe Panel Industries India Pvt. Ltd. vs. State Of U.P.
Case citation: 2024 LiveLaw (AB) 74
Recently, the Allahabad High Court has quashed the penalty which was imposed due to production of expired e-way bill at the time of detention. The Court held that no intention to evade tax was established by the authorities. Since, there was no dispute regarding consignor and consignee and the description of the goods, the Court held that penalty could not be imposed for a technical error in absence of any intention to evade tax.
GST & Central Excise Superintendent Has No Jurisdiction To Pass Order Exceeding Rs.10,00,000: Allahabad High Court
Case Title: M/S Mansoori Enterprises Versus U.O.I.
The Lucknow bench of Allahabad High Court has quashed the order by the GST and Central Excise Superintendent for lack of jurisdiction.
S107 CGST | Appellate Authority Does Not Have Power To Remand Case Back To Adjudication Authority: Allahabad High Court
Case Title: M/S Kronos Solutions India Private Limited v. Union Of India And 4 Others
The Allahabad High Court has held that the appellate authority exercising jurisdiction under Section 107 of the Central Goods and Service Tax Act, 2017 does not have the power to remand the case back to the adjudication authority. It only has the power to confirm or modify or annul the order under appeal.
Res-Judicata Does Not Apply In Tax Matters, But Doctrine Of Finality Applies Unless There Is Marked Change: Allahabad High Court
Case Title: M/S John Oakey And Mohan Limited vs. The Commissioner Commercial Taxes U.P. Lucknow
Case Citation: 2024 LiveLaw (AB) 91
The Allahabad High Court has held that the principle of res-judicata does not apply from one assessment year to another. However, the Court held that the Department cannot be allowed to change its stance for the same assesee for different assessment years, unless there is a marked change from one year to another.
UPVAT Act | Revision Jurisdiction Of High Court Limited To Questions Of Law, Jurisdictional Errors Or Procedural Irregularities: Allahabad High Court
Case Title: The Commissioner Commercial Tax U.P. Lucknow vs. S/S. D.I.C. India Ltd.
Case citation: 2024 LiveLaw (AB) 94
The Allahabad High Court has held the revision jurisdiction under Section 58 of the Uttar Pradesh Value Added Tax Act, 2008 is limited to questions of law, jurisdictional errors, or procedural. The Court held that the High Court must refrain from going into questions of facts which have been decided by the Tribunal.
S.75(4) UPGST Act | Failure To File Reply To Show-Cause Notice Does Not Take Away Right Of Personal Hearing: Allahabad High Court
Case Title: Ms Atlas Cycles Haryana Ltd v. State of U.P. and Another
Case citation: 2024 LiveLaw (AB) 95
The Allahabad High Court has held that not filing a reply to a show cause notice does not take away the opportunity for personal hearing mandated under Section 75(4) of the Uttar Pradesh Goods and Service Tax Act, 2017.
Govts Should Collect Taxes Like Honeybee, Without Disturbing Petals: Allahabad High Court While Quashing Penalty Order Against Hawkins
Case Title: M/S Hawkins Cookers Limited vs. State Of U.P. And 2 Others
Case citation: 2024 LiveLaw (AB) 96
Recently, while quashing penalty order passed under Section 129 of the Goods and Service Tax Act, 2017 against M/s Hawkins Cookers Limited, the Allahabad High Court cited the Arthashastra by Chanakya.
Rule 108 CGST Rules | Self-Certified Copy Of Order Under Challenge Not Required For Appeals Filed Electronically: Allahabad High Court
Case Title: Visible Alpha Solutions India Private Limited vs. Commissioner, CGST Appeals, Noida And Another
Case citation: 2024 LiveLaw (AB) 97
The Allahabad High Court has held that requirement of self-certified copy of order is not applicable to the appeals filed electronically under Section 107 of the Central Goods and Service Tax Act, 2017 read with Rule 108 of the Central Goods and Services Tax Rules, 2017.
Limitation Act And Tax Appeals | Allahabad High Court Rejects Application Under Limitation Act, Holds Tax Statue Will Prevail
Case Title: M/S Yadav Steels Having Office vs. Additional Commissioner
Case Citation: 2024 LiveLaw (AB) 109
The Allahabad High Court has rejected the application of Section 5 of the Limitation Act in appeals filed under Section 107 of the Uttar Pradesh Goods and Service Tax Act, 2017. The Court held that Tax laws are complete comprehensive codes which have strict procedural requirements to ensure revenue certainty and fiscal stability.
Limitation Act And Tax Appeals | Allahabad High Court Rejects Application Under Limitation Act, Holds Tax Statue Will Prevail
Case Title: M/S Yadav Steels Having Office vs. Additional Commissioner And Another
Case Citation: 2024 LiveLaw (AB) 109
The Allahabad High Court has rejected the application of Section 5 of the Limitation Act in appeals filed under Section 107 of the Uttar Pradesh Goods and Service Tax Act, 2017. The Court held that Tax laws are complete comprehensive codes which have strict procedural requirements to ensure revenue certainty and fiscal stability.
GST | Only Typographical/ Clerical Error In Documents, Initial Burden On Department To Prove Intention To Evade Tax: Allahabad High Court
Case Title: M/S Indeutsch Industries Private Limited v. State Of U.P. And 2 Others
The Allahabad High Court has held that in case of no discrepancies or clerical errors in the documentation, the initial burden to prove that there is intention to evade tax lies on the department.
GST | Production Of Invoice, E-Way Bill After Detention Does Not Absolve Assessee Of Penalty: Allahabad High Court
Case Title: M/S Akhilesh Traders v. State Of U.P. And 3 Others
The Allahabad High Court has held that absence of tax invoices and/or e-way bill at the time of interception and their subsequent production does not absolve the assesee from the liability of penalty under the Goods and Service Tax Act.
Allahabad High Court Quashes Commercial Tax Tribunal's Judgement For Non-Compliance Of Rule 63(5) Of U.P. V.A.T. Rules, 2008
Case Title: M/S Rajansh Marble House Gomti Nagar Versus The Commissioner Commercial Tax U.P.Lucknow And Another
The Allahabad High Court has quashed the Commercial Tax Tribunal's judgement for non-compliance with Rule 63(5) of the U.P.V.A.T. Rules, 2008.
UPGST | Search And Seizure Of Godown Can't Result In Penalty Proceedings U/S 129 Of Act: Allahabad High Court Reiterates
Case Title: M/S Gopi Chand Batra Traders v. State Of U.P. And 2 Others
The Allahabad High Court has reiterated that search and seizure of a godown of an assesee cannot be penalised in proceedings under Section 129 of the Uttar Pradesh Goods and Services Tax Act, 2017.
[Limitation Act] Allahabad High Court Extends Benefit Of Exclusion Of Time U/S.14 To Appeals Under S.107 CGST Act
Case Title: Murli Packers Through Its Proprietor Rakesh Kumar Jain vs. State Of U P Through Secretary, Institutional Finance
Case Citation: 2024 LiveLaw (AB) 52
On Wednesday, the Allahabad High Court directed the Additional Commissioner, CGST, (Appeals), Meerut, to grant benefit of Section 14 of the Limitation Act to the petitioner and hear the appeal filed under Section 107 of Central Goods and Service Tax Act, 2017 afresh.
CGST Act | Time Extension For Filing Appeal Against Orders U/S 73, 74 Can Be Extended To Orders U/S 129, 130: Allahabad HC Asks CBIT To Consider
Case Title: M/S Veira Electronics Private Limited vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 54 [WRIT TAX No. - 1188 of 2023]
Case Citation: 2024 LiveLaw (AB) 54
The Allahabad High Court directed the Central Board of Indirect Taxes, Ministry of Finance to consider extending the benefit of extension of time to file appeal under Section 107(1) of the Central Goods and Services Act, 2017 to orders passed under Section 129 and Section 130 of the Act.
GST | Show Cause Notice A Vital Checkpoint, Delineates Boundaries Within Which Any Authority Can Operate: Allahabad High Court
Case Title: M/S Associated Switch Gears and Projects Ltd. Through Its Director Jawahar Lal Jain vs. State of U.P., Through Secretary Institutional Finance U.P. Govt. And 2 Others 2024 LiveLaw (AB) 57
Case Citation: 2024 LiveLaw (AB) 57
The Allahabad High Court has held that authorities cannot travel beyond the show cause notice to impose penalty on the assesee.
Writ Of Certiorari Not Issued As A Matter Of Course, But Granted At Discretion Of Superior Court: Allahabad High Court
Case Title: M/S Falguni Steels vs. State Of U.P. And Others
Case Citation: 2024 LiveLaw (AB) 59
The Allahabad High Court has held that the writ of certiorari is discretion granted to a superior court to review and quash decisions of lower courts, tribunals, or administrative bodies and is not issued as a matter of course.
GST | Technical Error Without Any Financial Implications Do Not Attract Penalties: Allahabad High Court
Case Title: M/S Falguni Steels vs. State Of U.P. And Others 2024 LiveLaw (AB) 59
Citation: 2024 LiveLaw (AB) 59
The Allahabad High Court has held that mere technical errors under tax laws without any financial implications should not be grounds for imposition of penalties.
UP GST | No Interference Under Article 226 Unless Inherent Lack Of Jurisdiction Or Absence Of Relevant Material Established: Allahabad High Court
Case Title: M/S Mgs Palace v. State Of U.P. And 4 Others
The Allahabad High Court has held that the writ court should not interfere in notice issued under Section 73 of the UP Goods and Service Tax Act, 2017 unless there is inherent lack of jurisdiction or complete absence of relevant material is alleged and established.
UPGST | Truck Is Capital Asset Of Transporter, Seizure Without Notice Affects Civil Rights: Allahabad High Court
Case Title: Akbar Ali Transport Services vs. State of U.P. and Another 2024 LiveLaw (AB) 25
The Allahabad High Court has held that the seizure of a vehicle transporting goods affects the civil rights of the transporter as the truck is a capital asset of the transporter.
UPGST | Invoice Contains Vehicle Details, Error In Not Filling Part-B Of E-Way Bill Technical: Allahabad High Court Quashes Penalty Order
Case Title: M/S Roli Enterprises vs. State Of U.P.
Case Citation: 2024 LiveLaw (AB) 31
The Allahabad High Court has held that if the invoice accompanying the goods contains all the details of the vehicle then not filing of Part-B of the e-way bill is a technical error without any intention to evade tax. The court quashed the penalty order under Section 129(3) of the UP Goods and Service Tax Act, 2017.
Section 5 Of Limitation Act Does Not Apply To Section 107 Of CGST Act: Allahabad High Court
Case Title: M/S Garg Enterprises vs. State Of U.P. And 2 Others
Case Citation: 2024 LiveLaw (AB) 47
The Allahabad High Court has held that Section 5 of the Limitation Act, 1963 does not apply to appeals filed under Section 107 of the Central Goods and Services Tax Act, 2017.
UPGST | Opportunity Of Hearing Mandatory Under S75(4) Before Imposing Tax/Penalty: Allahabad High Court
Case Title: M/S Primeone Work Force Pvt. Ltd. Thru. Its Auth. Signatory Alok Kumar v. Union Of India Thru. Secy. Ministry Of Finance
Case Citation: 2024 LiveLaw (AB) 49
The Lucknow Bench of the Allahabad High Court held that before passing of any adverse order, such as imposing tax or penalty, opportunity of hearing is mandatory under Section 75(4) of the Uttar Pradesh Goods and Service Tax Act, 2017.
UPGST | Burden To Prove Intention To Evade Tax Lies Solely On Department: Allahabad High Court
Case Title: M/S Ashoka P.U. Foam (India) Pvt. Ltd. vs. State Of U.P. And 3 Others
Case Citation: 2024 LiveLaw (AB) 50
On Wednesday, the Allahabad High Court held that the burden to prove intention to evade tax lies solely on the Department. The Court held penalties in tax laws should not be imposed solely on insignificant technical errors which do not have any financial consequences.
Commercial Tax | Allahabad High Court Upholds Condonation Of 1365 Days Delay On Sufficient Cause
Case Title: M/S Royal Sanitations vs. Commissioner Of Commercial Tax Case Citation: 2024 LiveLaw (AB) 51
The Allahabad High Court has upheld condonation of delay of 1365 days by the Commercial Tax Tribunal in filing of appeal as it was sufficiently explained by the authorities.
Case Title: M/S. Hindustan Herbal Cosmetics vs. State Of U.P. And 2 Others [WRIT TAX No. - 1400 of 2019]
Case Citation: 2024 LiveLaw (AB) 9
The Allahabad High Court has held that a minor typographical error in the e-way bill without any other material establishing an intention to evade tax will not attract a penalty under Section 129 of the Goods and Service Tax Act, 2017.
Case Title: M/S Eastern Machine Bricks And Tiles Industries vs. State Of U.P. And Others
Case citation: 2024 LiveLaw (AB) 14
The Allahabad High Court has held that once the registration of the assesee is cancelled, any notice for proceedings under the Central Goods and Service Tax Act, 2017 shall be served on the address of the assessee.
Jharkhand High Court
Issuance Of Pre-SCN Consultation Is Mandatory Requirement For Issuing SCN Under Customs Act, 1962: Jharkhand High Court
Case Title: M/s. Bihar Foundry & Castings Ltd. Versus Union of India
The Jharkhand High Court has held that the issuance of pre-SCN consultation is mandated under proviso to Section 28(1)(a) of the Customs Act, 1962, before issuing the show cause notice.
Case Title: Vivek Narsaria Versus The State of Jharkhand
The Jharkhand High Court has opined that the Preventive Wing of the CGST and DGGI Wing of the CGST shall forward all their investigation carried out as against the petitioner and inter-related transactions to the State Authorities, who shall continue with the proceedings from the same stage.
Additional Commissioner Of Commercial Taxes Acted In Undue Haste In Disposing Of Revision Applications: Jharkhand High Court
Case Title: State of Jharkhand Versus M/s. Ram Kripal Singh Construction Pvt. Ltd.
LL Citation: 2024 LiveLaw (Jha) 17
The Jharkhand High Court has held that the Additional Commissioner of Commercial Taxes has acted in undue haste in disposing of the revision application. It is trite law that if an authority acts in undue haste, malice in law is to be presumed, and his action is deemed to be mala fide.
Determination Of Value Of Excisable Goods For Assessment Falls Within Exclusive Jurisdiction Of Supreme Court: Jharkhand High Court
Case Title: Principal Commissioner of Central G.S.T. & Central Excise, Ranchi Versus Bihar Foundary and Casting Ltd.
The Jharkhand High Court has held that the determination of the value of the excisable goods for the purpose of assessment falls within the exclusive jurisdiction of the Supreme Court of India under Section 35L of the Central Excise Act, 1944.
Punjab and Haryana High Court
Suspension Of GST Registration Deemed To Be Revoked If Show Cause Notice Not Decided Within 30 Days Of Reply: Punjab & Haryana High Court
Case Title: M/S Shri Balaji Agro Industries V/S State Of Punjab And Another
The Punjab and Haryana High Court has held that suspension of GST registration is deemed to be revoked if a show cause notice is not decided within 30 days of reply.
Extension Of Limitation Period Under Section 168A Of GST Act; Punjab And Haryana High Court Issues Notice
Case Title: M/s Garg Rice Mills & others Vs. State of Punjab & others
The Punjab and Haryana High Court has issued a notice to the government in a plea challenging the extension of the limitation period under Section 168A of the GST Act.
Calcutta High Court
Supplementary SCN Although Termed As Supplementary, Is Actually Independent SCN Even Though It Relates To Smuggling: Calcutta High Court
Case Title: Commissioner Of Customs (Port), Kolkata Versus M/S. Sandeep Kumar Dikshit
The Calcutta High Court has held that the supplementary show cause notice, although termed the supplementary, is actually an independent show cause notice even though it relates to the case of smuggling.
Adani Wilmar Eligible For Sanction Of Incentives Under West Bengal State Support For Industries Scheme, 2008 Post GST: Calcutta High Court
Case Title: Adani Wilmar Limited and another Vs. The State of West Bengal and others
The Calcutta High Court has held that Adani Wilmar is eligible for sanction of incentives under the West Bengal State Support for Industries Scheme, 2008, post GST.
Calcutta High Court Quashes Complaint Against Director As Prosecution Failed To Implead Company Importing Liquors Not For Sale
Case Title: Mr. Raj Sahai vs. the State of West Bengal & Anr.
The Calcutta High Court has quashed the complaint against the director as the prosecution failed to implead the company importing liquors not for sale.
E-Way Bill Generated For Exporting Goods To Bangladesh Expired Due To Accident: Calcutta High Court Quashes 200% Penalty
Case Title: M/S Saraf Trexim Limited Vs Deputy Commissioner Of State Tax And Ors.
The Calcutta High Court has quashed the 200% penalty and held that the e-way bill generated for exporting goods to Bangladesh expired due to an accident
Payment To Third Party Instead Of Selling Dealer, ITC Not Allowable: Calcutta High Court
The Calcutta High Court has held that the writ petitioner is not entitled to the benefit of input tax credit as he has not paid the amount to the selling dealer but to a third party.
Case Title: M/s Himadri Speciality Chemical & Anr. Versus The Commissioner of Central Excise
Citation: 2023 LiveLaw (Cal) 12
The Calcutta High Court has quashed the ex parte order imposing excise duty on the incineration of lean gas used in the generation of electricity.
Dredger Accessories Rules, Vessel Still In Use, No Case Of Unjust Enrichment, Duty Not Leviable: Calcutta High Court
Case Title: Commissioner Of Customs (Port), Kolkata Versus M/S. Dredging Corporation Of India Limited
The Calcutta High Court has held that when the goods are still in use, the question of passing the burden of customs duty does not arise, and the question of unjust enrichment will not be applicable.
Gauhati High Court
Gauhati High Court Stays SCN Seeking Reversal Of ITC On Account Of Default At Supplier's End
Case Title: M/S Surya Business Private Limited Versus The State Of Assam
The Gauhati High Court has granted the interim stay of Show Cause Notice in the case of Surya Business Private Limited, seeking reversal of ITC on account of default at the supplier's end.
Two Parallel Proceedings In Respect Of Same Period Not Permissible As Per CGST/SGST Act: Gauhati High Court
Case Title: Sri Subhash Agarwalla Versus State Of Assam And 4 Ors.
The Gauhati High Court has held that two parallel proceedings in respect of the same period are not permissible as per the CGST/SGST Act.
Gujarat High Court
Gujarat High Court Grants Bail In Case Of Alleged Issuance Of Invoices Without Supply Of Goods Under CGST Act
Case Title: JATINBHAI PRAFULBHAI KAKKAD Versus STATE OF GUJARAT & ANR.
LL Citation: 2024 Livelaw (Guj) 29
The Gujarat High Court has granted bail for an individual implicated in a case related to an FIR filed under Sections 132(1)(b) and (1) of the Central Goods & Services Tax Act, 2017. The case revolves around the purported issuance of GST invoices without actual delivery of goods, allegedly resulting in a significant financial loss to the government treasury.
Gujarat High Court Grants Bail To Co-Accused In Rs. 700 Crore GST Scam Case Involving Tax Amount Of 35 Crores
Case Title: State Of Gujarat Versus Mitesh Dilipbhai Sejpal
LL Citation: 2024 Livelaw (Guj) 31
The Gujarat High Court has dismissed a petition filed by the State against the order granting regular bail to an accused in a multi-crore scam case.
Gujarat High Court Grants Bail in Rs. 1466 Crore Alleged GST Scam Case
Case Title: HITESH PRABHUDAS LODHIYA Versus STATE OF GUJARAT
LL Citation: 2024 Livelaw (Guj) 30
The Gujarat High Court has granted bail to a man in a case involving an alleged GST scam amounting to Rs. 1466 crores.
Case Title: Madhaviben Jitendrabhai Rupareliya vs State of Gujarat
LL Citation: 2024 LiveLaw (Guj) 4
The Gujarat High Court has reiterated that the charge of the Secured Creditor will precede the charge of an Unsecured Creditor.
Telangana High Court
GST Payable On Transfer Of Land Development Rights Under Joint Development Agreement: Telangana High Court
Case Title: Prahitha Construction Private Limited vs Union of India and 3 others
The Telangana High Court has held that Goods and Service Tax (GST) is payable on the transfer of land development rights under a joint development agreement (JDA).
Kerala High Court
Yoga And Meditation Charges Are Subjected To Tax Under Kerala Tax On Luxuries Act: Kerala High Court
Citation: 2024 LiveLaw (Ker) 125
Case Title: Bethsaida Hermitage & Tourism (P) Ltd Versus State Tax Officer
The Kerala High Court has held that yoga and meditation charges are subjected to tax under the Kerala Tax on Luxuries Act.
Citation: 2024 LiveLaw (Ker) 40
Case Title: M/S. Professional Copier Services India (Pvt) Ltd Versus State Of Kerala
The Kerala High Court has quashed the penalty under the Kerala Value Added Tax (KVAT) Act and held that re-sellers of machines have not wilfully classified machines under the wrong head and have adopted the same classification as the seller.
Karnataka High Court
CA Firm Paid Service Tax With Accrued Interest Before Show Cause Notice: Karnataka High Court Reduces Penalty From 100% To 25%
Case Title: M/S. V.K. Niranjan And Co Versus Commissioner Of Service Tax
The Karnataka High Court has held that the service tax has been paid with accrued interest even before the show cause notice has reached the review petitioner.
Case Title: M/S Hatsoff Helicopter Training P Limited Versus State Of Karnataka
The Karnataka High Court has held that tax exemption cannot be denied to the government's helicopter pilot trainer merely for non-furnishing goods and service tax identification numbers (GSTIN) initially.
AAAR
No GST Payable By Fair Price Shop Selling Kerosene Oil To Ration-Card Holders: AAAR
Appellant's Name: Chanchal Saha
The West Bengal Appellate Authority of Advance Ruling (AAAR) has held that no GST is payable by fair-priced shops selling kerosene oil to ration-card holders.
AAR
E-Commerce Operators Liable To Collect TCS For Providing Platform For Selling Digital Gold: AAR
Applicant's Name: M/S. Changejar Technologies Pvt. Ltd.
The Karnataka Authority of Advance Ruling (AAR) has ruled that e-commerce operators are liable to collect TCS for providing a platform for selling digital gold.
Imparting Practical Training To Nurses And Psychologists Not A 'Healthcare Services', No GST Exemption Available: AAR
Advance Ruling No. KAR ADRG 06/2024
The Karnataka Authority of Advance Ruling (AAR) has ruled that fees collected from nurses and psychologists for 'imparting practical training' are not exempted from GST.
No Direct Nexus Between Renting Of Buildings To Municipalities & Article 243W, GST Applicable: AAR
Case No: TSAAR Order No. 05/2024
The Telangana Authority of Advance Ruling (AAR) has ruled that GST is payable for providing renting services for buildings to the Government Social Welfare College Boys Hostel and in municipalities.
No GST Exemption On Pure Services Received By AIIMS From Vendors: AAR
Case No. TSAAR Order No.04/2024
The Telangana Authority of Advance Ruling (AAR) has ruled that All India Institute of Medical Sciences (AIIMS) can claim GST Exemption on pure services received from Vendors.
GST Leviable On Export Of Pre-Packaged And Labelled Rice Upto 25 Kgs. To Foreign Buyer: AAR
Case No.: AAR No.03/AP/GST/2024
The Andhra Pradesh Authority of Advance Ruling (AAR) has ruled that GST would be levied on the export of pre-packaged and labelled rice up to 25 kg to foreign buyers.
GST Exemption On Supply Of Dal To Department For Women, Children, Disabled & Senior Citizens: AAR
Case No.: TSAAR Order No.06/2024
The Telangana Authority of Advance Ruling (AAR) has ruled that no GST is payable on the supply of dal to the Department for Women, Children, Disabled, and Senior Citizens.
GST ITC Can Be Availed On Roof Top Solar System As It Constitute Plant And Machinery: AAR
Applicant's Name: Unique Welding Products P. Ltd.
The Gujarat Authority of Advance Ruling (AAR) has ruled that roof-top solar systems with installation and commissioning constitute plant and machinery.
18% GST Applicable On F-18 Drugs Used For Cancer Diagnosis: AAR
Applicant's Name: IBA Molecular Imaging (India) P. Ltd.
The Uttar Pradesh Authority of Advance Ruling (AAR) has held that 18% GST is applicable on F-18 drugs used for cancer diagnosis.
ITC Admissible On Sale And Buyback Transactions When Payment Is Settled Through Book Adjustment: AAR
Name of the applicant: Paragon Polymer Products Pvt. Ltd.
The West Bengal Authority of Advance Ruling (AAR) has held that in cases of sale and buyback transactions, the input tax credit is admissible in respect of goods purchased from outsourced vendors when payment is settled through book adjustment against the debt created on outward supplies to those vendors.
ITC Admissible On Sale And Buyback Transactions When Payment Is Settled Through Book Adjustment: AAR
Name of the applicant: Paragon Polymer Products Pvt. Ltd.
The West Bengal Authority of Advance Ruling (AAR) has held that in cases of sale and buyback transactions, the input tax credit is admissible in respect of goods purchased from outsourced vendors when payment is settled through book adjustment against the debt created on outward supplies to those vendors.
