Tax
Denial Of Availment Of CENVAT Credit On Performa Invoices, Despite All Information, Is Absolutely Wrong: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Rachna Gupta (Judicial Member) held that the denial of availment of Cenvat Credit on performa invoices was absolutely wrong.The appellant/assessee is in the business of manufacturing zinc concentrate, lead concentrate, etc. and is also engaged in providing and receiving goods transport...
Initiation Of Adjudication Proceeding Without Issuance Of Show Cause Notice Is Void Ab Initio: Jharkhand High Court
The Jharkhand High Court bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has held that the initiation of an adjudication proceeding without the issuance of a show cause notice is void ab initio.The petitioner/assessee, a public limited company, is in the business of trading coal. For the purpose of trading in coal, the petitioner purchases coal primarily from...
Bonafide Error In Format Of Date On E-Way Bill, Warrants Only Minor Penalty: Kerala High Court
The Kerala High Court bench of Justice Bechu Kurian Thomas has held that a minor penalty can be imposed for a bona fide mistake in the date on an e-way bill. The petitioner/assessee has a valid GST registration and carries on business in electrical contract work. In connection with the work of a hospital in Assam, some goods were transported by a vehicle after paying the required...
Service Tax Not Payable On Liquidated Damages: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of S.K. Mohanty (Judicial Member) and P.V. Subba Rao (Technical Member) has held that service tax is not payable on liquidated damages recovered on the failure to fulfil the contract.The appellants/assessees are public sector undertakings established by the Government of Madhya Pradesh for...
Exported Goods Cannot Be Confiscated Under Section 113 Of Customs Act: CESTAT Hyderabad
The Hyderabad Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that Section 113 of the Customs Act only provides for confiscation of goods that are to be exported and not for goods which have already been exported. The Bench, consisting of P.K. Choudary (Judicial Member) and P. Venkata Subba Rao (Technical Member), held that the purpose of the...
Outright Rejection Of Stay Application Is Not Justified, Need To Exercise The Appellate And Revisional Jurisdiction Judicially:Telangana High Court
The Telangana High Court has held that the appellate and revisional authorities must judiciously exercise their discretionary power to grant a stay under the Telangana VAT Act.A division bench of Justice Ujjal Bhuyan and Justice Surepalli Nanda, while staying the demand in terms of the assessment order, directed the petitioner to deposit twelve and a half percent of the disputed tax...
Assessee To Claim Refund of Tax Collected By State Without Authority Within 3 Years From The Date of Payment: Madras High Court
The Madras High Court bench of Justice R.Mahadevan and Justice Mohhammed Shaffiq has held that any tax collected without authority would certainly amount to unjust enrichment and the assessees must claim a refund of the tax collected or retained by the state within three years from the date of their payments to the department.The assessee has sought the order to quash the orders passed...
Weekly Round-Up Of Tax Cases: 17 April to 23 April 2022
Supreme Court1.Plea In Supreme Court Challenges The Constitutional Validity Of Levy Of GST On Lease/ Rent Payments Case Title: Myrayash Hotels Pvt. Ltd. v. Union of India & Ors. The Supreme Court of India has asked the petitioner(s) to serve an advance copy to the Additional Solicitor General to seek instructions in a plea challenging constitutional validity of levy of GST on...
Clerical Mistake In Address On E-Way Bill: Madhya Pradesh High Court Imposes Minor Penalty
The Madhya Pradesh High Court bench of Justice Sheel Nagu and Justice Manindar Bhatti has held that a minor penalty can be imposed for a clerical mistake in the address on an e-way bill.The petitioner/assessee, a private company in the business of steel as well as HT wires, entered into an agreement with Reva Engineering Pvt. Ltd., Jabalpur, for the supply of goods. As per the agreement,...
E-Filing Of ITR-4 For A.Y. 2022-23: CBDT Issues Validation Rules
The Central Board of Direct Taxes (CBDT) has issued the validation rules for e-Filing of ITR-4 for A.Y. 2022–23. The Income Tax Department has provided free return preparation software in the downloads pages that is fully compliant with data quality requirements. However, there are certain commercially available software or websites that offer return preparation facilities as...
Routine Business Support Services Are Not Taxable As Fees For Technical Services: Delhi ITAT
The Delhi Bench of ITAT, consisting of members Astha Chandra (Judicial Member) and N.K. Billaiya (Accountant Member), has ruled that routine business support services are not taxable as fees for technical services (FTS) since they do not make any technology or skill available to the recipient of the services. The Bench held that when a tax rate is prescribed under the Double...
Unsubstantiated Show Cause Notice And Cancellation Of Licence: CESTAT Restore Customs Broker's Licence
The Delhi bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) headed by Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) has restored the customs broker's licence as the show cause notice or the inquiry report lacked details about the non-existence of the exporter. The appellant, M/s. Perfect Cargo and Logistics, is licenced as a customs...