CESTAT Weekly Round Up
This weekly round-up analytically summarizes the key stories of the Customs, Excise, and Service Tax Appellate Tribunal ( CESTAT ) reported at taxscan.in, from April 20, 2024  to May 3, 2024. Value of Services Provided
Export of “mango pulp”attracts 12% GST: Gujarat HC [Read Order]
In a recent case, the Gujarat High Court held that export of mango pulp Should attract 12% Goods and Service Tax ( GST ). Thus the  petitioners would be liable to pay GST at the
Payment of Turnover Tax @ 5% on Parcel Sales Authorised by Government during Covid Lock Down: Kerala HC dismisses Review Petition [Read Order]
The Kerala High Court quashed the review petition in the matter regarding the payment of turnover tax @ 5% on parcel sales authorised by Government during Covid lock down. The Court after hearing the Counsel
Appeal on issue of Reversal of Credit on Input In Stock when Final Product is exemplified: Rajasthan HC admits Appeal [Read Order]
The Rajasthan High Court accepts the appeal on the issue of credit on input in stock when the final product is exemplified. The court issued a notice of admission of appeal to the respondents on
Remission of GST as per Time Extended for filing return by Bar Attached Hotels: Kerala HC dismisses Review Petition [Read Order]
The Kerala High Court dismissed review petition in the matter regarding the remission of GST as per time extended for filing return by the bar attached hotels. The review petition has been filed seeking review
AAR and AAAR Weekly Round-Up
This round-up analytically summarises the key stories related to the Goods and Services Tax Authority for Advance Ruling ( AAR ) and Appellate Authority for Advance Ruling ( AAAR ) reported at Taxscan.in during the
Odisha GST Department imposes Penalty on Infosys for Claiming Ineligible ITC: What is Ineligible GST ITC
The Odisha Goods and Services Tax ( GST ) department has imposed a penalty of Rs. 1.46 Lakhs on the IT major company Infosys for claiming ineligible Input Tax Credit ( ITC ). Infosys disclosed
Relief to AIFACS: SC dismisses SLP filed by Income Tax Dept on Non-Explanation of Gross Delay [Read Order]
In a major relief to the All India Fine Arts and Crafts Society (AIFACS), the Supreme Court of India dismissed a special leave petition (SLP) filed by the Income Tax Department on non-explanation of delay
Exemption under Proviso of Section 12(5) of Arbitration and Conciliation Act applies only when Waiver Explicitly agreed upon in Writing by Parties: Kerala HC [Read Order]
The Kerala High Court recently held that the exemption under proviso of Section 12(5) of the Arbitration and Conciliation Act, 1996 applies only when the waiver is explicitly agreed upon in writing by the parties.
Emery Cloth is Cotton Coated Fabric, eligible for Sales Tax Exemption: Andhra Pradesh HC [Read Order]
The Andhra Pradesh High Court held that Emery Cloth is cotton coated fabric and is eligible for sales tax exemption. The Appellate Tribunal held that like rexine cloth, tarpaulin is also included in item-174 and
Sonalleve HIFU KIT is Accessory to MRI, eligible for Customs Duty Exemption: CESTAT [Read Order]
The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal ( CESTAT ) observed that Sonalleve HIFU KIT is accessory to MRI and hence is eligible for customs duty exemption. A Show Cause
Confirmation of Differential Duty not Proposed in SCN cannot be Sustained: CESTAT [Read Order]
The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal ( CESTAT ) held that confirmation of differential duty not proposed in show cause notice ( SCN ) cannot be sustained. The appellant
Benefit of Cenvat credit cannot be Availed for Anyone Outside India: CESTAT [Read Order]
The Hyderabad Bench of the Customs, Excise and Service Tax Appellate Tribunal ( CESTAT ) held that the benefit of cenvat credit cannot be availed for anyone outside India. The appellant imported ‘Muriate of Potash’
No application of S. 45 PMLA to S. 205 CrPC Application: Orissa HC allows resubmission of appearance exemption application in PMLA Case with alleged Proceeds less than 1 Cr [Read Order]
The Orissa High Court recently ruled that, there is no applicability for Section 45 of Prevention of Money Laundering Act ( PMLA ) where alleged crime proceeds are under Rs. 1 Crore, while considering an
Error on part of Auditor is Reasonable Cause for Delay in Claiming Exemption: Bombay HC Condones Delay [Read Order]
The Bombay High Court viewed that the error on the part of the auditor is reasonable cause for delay in claiming exemption and condoned the delay. Since the delay has been condoned, Respondent shall process