Tax
Pre-deposit For CGST/SGST Appeal Allowed Exclusively From Electronic Cash Ledger, Not Electronic Credit Ledger: Patna High Court
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.The division bench comprising Justices Madhuresh Prasad and Chakradhari Sharan Singh observed, "This court is also of the unambiguous conclusion that...
Income Tax Act | Gujarat High Court Invalidates Income Tax Assessment Order Due To Violations Of Section 144B
In a significant legal development, the Gujarat High Court has invalidated an Income Tax Assessment Order, citing violations of Section 144B of the Income Tax Act.The petitioner, an individual assessee, primarily sought the following reliefs:(A) Petitioning for the issuance of a writ of certiorari and/or a writ of mandamus and/or any other appropriate writ, direction, or order to annul and...
Madras High Court permits Compounding Of Prosecution In Tax Evasion Case By MRF Chairman & Managing Director
The bench of Justice R. Mahdevan and Justice Mohammed Shaffiq, while upholding the order passed by the single judge, held that since the penalty was reduced from 300% to 100% of the tax sought to be evaded, the assessee is entitled to the benefit of Section 279(1A) of Income Tax. The section deals with non-prosecution for tax offences where the penalty is reduced.The judgement has been...
No Service Tax Chargeable Under Security Agency Services: CESTAT
The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no service tax is chargeable under security agency services.The bench of Justice Dilip Gupta (President) and P. V. Subba Rao (Technical Member) has observed that merely because the police may charge a fee, it would not become “a person engaged in the business of providing security” and, therefore,...
CA Firm Paid Service Tax With Accrued Interest Before Show Cause Notice: Karnataka High Court Reduces Penalty From 100% To 25%
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.The bench of Justice P.S. Dinesh Kumar and Justice V. Srishananda has observed that the show cause notice itself shows that there was a payment of service tax along with interest by the review petitioner. The court has reduced the...
Mere Mentioning Of Wrong Address Of Service Provider Is Procedural Defect, Cenvat Credit Can't Be Denied: CESTAT
The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the mere mention of the wrong address is a procedural defect and CENVAT credit cannot be denied.The bench of Justice Dilip Gupta (President) and Hemambika R. Priya (Technical Member) has observed that once the substantive provisions are complied with for a mere technical lapse, the right to Cenvat...
Assessee Can't Indefinitely Seek Time In Response To SCN: Kerala High Court
The Kerala High Court has held that the assessee cannot indefinitely seek time in response to a show cause notice.The bench of Justice Dinesh Kumar Singh has observed that petitioners cannot go on asking for a time one after another in response to the show cause notice issued one after another. There is no violation of the principles of natural justice.Information was flagged in the case of...
Actual Interest Expenditure Had To Be Adjusted Against Income Earned By Way Of Interest: Delhi High Court
The Delhi High Court has held that actual interest expenditure had to be adjusted against the income earned by way of interest.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the assessee has parked its surplus funds in fixed deposits of the bank from which it earned interest income. At the same time, the assessee has also paid interest to the bank. The...
CBIC Notifies Creation Of Principal Bench Of GSTAT At New Delhi
The Central Board of Indirect Taxes and Customs (CBIC) has notified the creation of the principal bench of the Goods and Service Tax Appellate Tribunal (GSTAT) at New Delhi.“The Government has invoked the powers under section 109(3) of the Central Goods and Services Tax Act, 2017 (“the CGST Act”). This supersedes a previous Notification No. S.O.1359(E) dated March 13, 2019, with...
Tax Cases Monthly Round Up: December 2023
Delhi High Court High-End KPO Services Provider Can't Be Compared With ITeS, Which Is BPO Services Provider: Delhi High Court Case Title: PCIT Versus Future First Info. Services Pvt. Ltd. Citation: 2023 LiveLaw (Del) 1301 The Delhi High Court has held that the high-end knowledge process outsourcing (KPO) services provider cannot be compared with the information...
Tax Cases Weekly Round-Up: 24 To 30 December, 2023
Delhi High Court Refund Application Could Not Be Uploaded Due To Technical Glitches, Refund Can't Be Denied: Delhi High Court Citation: 2023 LiveLaw (Del) 1351 Case Title: M/S Sethi Sons (India) Versus Assistant Commissioner And Ors. The Delhi High Court has held that the refund application was filed twice on the GST portal but could not be uploaded due to...
18% GST Applicable On F-18 Drugs Used For Cancer Diagnosis: AAR
The Uttar Pradesh Authority of Advance Ruling (AAR) has held that 18% GST is applicable on F-18 drugs used for cancer diagnosis.The bench of Amit Kumar and Harilal Prajapati has observed that F18 is a radioisotope and fluorodeoxyglucose (18F-FDG) is a compound. The products being radioactive and compounds of the radioisotope 18F merit classification under heading 2844 only, although they...