Indirect Tax Cases Weekly Round-Up: 18 To 24 February 2024

Mariya Paliwala

26 Feb 2024 3:30 AM GMT

  • Indirect Tax Cases Weekly Round-Up: 18 To 24 February 2024

    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. Allahabad High...

    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.

    Allahabad High Court

    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.

    CESTAT

    Race Promotion Contract Between Formula One World Championship And Jaypee Sports Is Not Franchise Agreement, No Service Tax Payable: CESTAT

    Case Title: M/s Jaypee Sports International Ltd. Versus Commissioner of Central Excise & CGST, Noida

    The Allahabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the race promotion contract between Formula One World Championship (FOWC) and Jaypee Sports (JSIL) is not a franchise agreement, and no service tax is payable.

    Service Tax From 16.06.2005 to 26.07.2009 Not Leviable On Services Of Repair And Maintenance Of Roads: CESTAT

    Case Title: Dix Engineering Projects Services Pvt. Ltd. Versus The Commissioner of Central Excise

    The Banglore Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that service tax during the period from 16.06.2005 to 26.07.2009 is not leviable under maintenance and repair service in relation to the repair and maintenance of roads.

    Reversal Of Cenvat Credit In Respect Of Common Input Services Sufficient For Compliance With Cenvat Credit Rules, 2004: CESTAT

    Case Title: M/s SMS Ltd. Versus Commissioner of Central Excise & Service Tax

    The Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that reversal of Cenvat credit in respect of common input services by the appellants is sufficient for compliance with the Cenvat Credit Rules, 2004.

    Reversal Of Cenvat Credit In Respect Of Common Input Services Sufficient For Compliance With Cenvat Credit Rules, 2004: CESTAT

    Case Title: M/s SMS Ltd. Versus Commissioner of Central Excise & Service Tax

    The Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that reversal of Cenvat credit in respect of common input services by the appellants is sufficient for compliance with the Cenvat Credit Rules, 2004.

    AAR

    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.


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