Indirect Tax Cases Weekly Round-Up: 16 To 22 June 2024

Bombay High CourtNon-Communication Of SCN To Call Book Is Fatal; Bombay High Court Quashes SCNs Against ICICI Home FinanceCitation: 2024 LiveLaw (Bom) 305Case Title: ICICI Home Finance Company Ltd. Versus UOIThe Bombay High Court, while quashing the show cause notices against ICICI Home Finance Company Ltd., held that non-communication of show cause notices transferred to the call book is fatal.Slump Sale Doesn't Amount To Sale Of Goods Within MVAT Act: Bombay High CourtCitation: 2024 LiveLaw (Bom) 306Case Title: Piramal Enterprises Limited Versus The State of MaharashtraThe Bombay High Court has held that slump sale under the Business Transfer Agreement (BTA) would not amount to sale of goods within the purview of the Maharashtra Value Added Tax (MVAT) Act.Madras High Court ITC Wrongfully Availed But No Fraud/Misstatement Proven; Madras High Court Imposes Token PenaltyCitation: 2024 LiveLaw (Mad) 255Case Title: M/s.Greenstar Fertilisers Limited Versus The Joint Commissioner (Appeals)The Madras High Court has imposed a token penalty of Rs. 10,000 on the assessee instead of a higher penalty as the assessee wrongfully availed of the input tax credit (ITC), but the department could not prove fraud or misstatement on the part of the assessee.Karnataka High CourtSCN Can't Be Issued Prior To Finalisation Of Audit Proceedings; Karnataka High Court Stays OrderCitation: 2024 LiveLaw (Kar) 277Case Title: M.S. Service Station Versus UOIThe Karnataka High Court has stayed the order passed under Section 74 of the CGST Act, 2017 on the grounds that the show cause notice cannot be issued prior to the finalization of audit proceedings.Kerala High Court Kerala High Court Allows Dealer To Correct Copy Of Stock Inventory Uploaded Along With ReturnsCitation: 2024 LiveLaw (Ker) 368Case Title: Usha Bagri Versus The Assistant CommissionerThe Kerala High Court has allowed the dealer to correct a copy of stock inventory uploaded along with returns.Statutory Scheme Determining Taxable Turnover Of Works Contract Under KVAT Act Doesn't Suffer From Any Defect: Kerala High CourtCitation: 2024 LiveLaw (Ker) 374Case Title: M/S. DLF Home Developers Limited Versus State Of KeralaThe Kerala High Court has held that the statutory scheme for determining the taxable turnover of a works contract under the Kerala Value Added Tax Act (KVAT Act) does not suffer from any defect so as to render it unworkable to effectuate the charge to tax on a works contract.Gauhati High CourtNo Provision Mandating Assessee To Install All Capital Goods In Year Of Procurement Itself To Avail Cenvat Credit: Gauhati High CourtCitation: 2024 LiveLaw (Gau) 40Case Title: Premier Cryogenics Limited Versus The Commissioner Central Excise And Service TaxThe Gauhati High Court has held that it is not mandatory for the assessee to install all capital goods in the year of procurement itself so as to avail CENVAT credit.CESTATOlectra Greentech Eligible For DFIA Scheme Benefits On Imported Lithium Ion Battery For Agriculture Tractor Export: CESTATCase Title: Principal Commissioner of Customs Hyderabad Versus M/s Olectra Greentech Ltd.The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the assessee, Olectra Greentech, is eligible for Duty-Free Import Authorization (DFIA) Scheme benefits on imported lithium-ion batteries for agriculture tractor export.Mark Engraved On Gold Coins Is House Mark And Not Brand Name, No Excise Duty Payable: Chennai CESTATCase Title: M/s.AVR Swarnamahal Jewelry Limited Versus The Commissioner of CGST & Central ExciseThe Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that excise duty is not payable on the mark engraved on gold coins as it is just a house mark and not a brand name.No Service Tax Payable On Interest Income On Overdraft/Cash Credit Facilities: Kolkata CESTATCase Title: The Assam Cooperative Apex Bank Ltd. Versus Commr. of CGST, Customs & Central Excise, GuwahatiThe Kolkata Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand on interest equivalent on overdraft or cash credit extended by cooperative banks.

Indirect Tax Cases Weekly Round-Up: 16 To 22 June 2024

Mariya Paliwala

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