News
Refund of Unutilized CENVAT Credit Can't Be Denied Due to Timing of Credit Availment Within Same Quarter: CESTAT
5+ hour, 34+ min ago (385+ words) The bench of Rajeev Tandon" (Technical" Member) noted that Rule 5 and the notification are intended to ensure that taxes do not get exported along with exported goods or services. Therefore, refund provisions must be interpreted in a manner that furthers…...
Evidence Must Be Tested During Trial: Madras High Court Refuses to Quash Rs. 7, 237 Crore Illegal Mining & PMLA Cases
13+ hour, 21+ min ago (387+ words) The Madurai Bench of the Madras High Court has refused to quash multiple criminal proceedings and money laundering cases arising out of the alleged illegal granite mining scam. The bench of Justice N. Anand Venkatesh and Justice K. Ramakrishnan has observed that…...
Calcutta High Court Orders Restoration of GST Registration Despite Six-Month Return Default, Cites Livelihood Concerns
11+ hour, 37+ min ago (364+ words) The Calcutta High Court has directed the restoration of a farmer producer company's GST registration after holding that denying an opportunity to regularise compliance would cause irreparable harm to its business and the livelihood of farmers associated with it." The…...
Revenue-Sharing Model for Movie Exhibition Not Taxable as Business Support Service: CESTAT
7+ hour, 50+ min ago (529+ words) The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chandigarh Bench, has held that the revenue-sharing arrangement between cinema exhibitors and film distributors cannot be treated as a taxable Business Support Service under the Finance Act, 1994." The bench of Justice…...
2. 05% Value Addition Enough for Fully Mechanised Jewellery Exports: CESTAT Quashes Rs. 3. 68 Crore Customs Demand
9+ hour, 19+ min ago (587+ words) The Principal Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi, has quashed a customs duty demand of "3. 68 crore, along with interest and equivalent penalty, raised under the gold replenishment scheme." The bench of Ashok Jindal…...
No Service Tax on Railway Projects, Private and Public Railways Entitled to Same Exemption: CESTAT
8+ hour, 36+ min ago (510+ words) The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chandigarh Bench, has ruled that service tax cannot be levied on railway construction projects merely because the railway infrastructure is meant for private or captive use, reiterating that the exemption under…...
Ocean Freight Mark-Up, Exchange Gain and Pure Agent Reimbursements Not Taxable Under Service Tax: CESTAT
9+ hour, 1+ min ago (331+ words) The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Bengaluru Bench, has held that mark-up on ocean freight, exchange rate fluctuation gains, and reimbursements collected as a pure agent cannot be subjected to service tax." The bench of P. A. Augustian (Judicial…...
No Service Tax on Overseas Export Support Services Performed Outside India; CESTAT Quashes "3. 90 Crore Reverse Charge Demand
8+ hour, 53+ min ago (906+ words) The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chandigarh Bench, has held that service tax cannot be levied under the reverse charge mechanism on services physically performed and consumed outside India in connection with exported goods, even if the…...
DRI Busts Multi-State Gold Smuggling Syndicates; 9 Kg Foreign Gold, 42 Kg Silver and "8. 15 Crore Foreign Currency Seized
13+ hour, 52+ min ago (486+ words) The operations, conducted in Delhi, West Bengal, Bihar, Mizoram, Tamil Nadu and Karnataka, uncovered sophisticated methods of transporting smuggled gold into India and illegally moving foreign currency out of the country to finance precious metal smuggling. Buy Now: Service Tax…...
Ignoring Virtual Hearing Request Violates Natural Justice: Uttarakhand High Court Quashes GST Refund Rejection
14+ hour, 19+ min ago (452+ words) The Uttarakhand High Court has quashed an order rejecting a taxpayer's GST refund application after finding that the department failed to grant a personal hearing despite a specific request by the applicant." The bench of Chief Justice Manoj Kumar Gupta…...