CESTAT Annual Case Digest [Part – 27]
This yearly digest analyzes all the CESTAT stories published in the year 2023 at taxscan.in No Mandate under Rule 5 of CCR that Registration Should be Condition for Refund of Accumulated Credit: CESTAT The Commissioner
Relief to Karnataka Renewable Energy Development: SC dismisses SLP by Income Tax Dept with delay of 104 days [Read Order] 
The Supreme court dismissed the special leave petition of income tax department against the Karnataka renewable energy development which was filed with a delay of 104 days. The Special leave petition was arisen from the
Excise Duty cannot be Levied by State on Alcohol which is not Fit for Human Consumption: Supreme Court [Read Judgment]
The Supreme Court observed that States have power to levy excise duty only in respect of the alcoholic liquor for human consumption. Alcoholic liquors other than for human consumption have been left to the Central
GST Evasion: Himachal Pradesh HC grants Bail to accused allegedly involved in 14.33cr Scam
The High Court of Himachal Pradesh in two petitions of the common question of law involved, granted bail to the accused allegedly involved in the 14.33 Cr. scam. It has been alleged that the petitioners
Relief to LG: Delhi High Court directs CPC to process Income Tax Refund Claim [Read Order]
The Delhi High Court, in a major relief to LG, has directed the Central Processing Center to determine and process the Income Tax Refund due to LG Electronics in accordance with the law after the
Circular excluding Pre-Show-Cause Notice is Directory and Discretionary, Natural Justice Principles shall be followed: Calcutta HC [Read Order]
The Calcutta High Court has recently ruled that the circular issued by the Central Board of Indirect taxes and Customs (CBIC) excluding the requirement of pre-show cause notice is directory and discretionary and the principles
No Income Tax Deduction payable on Pharmaceutical Companies gifting Freebies to Doctors: Supreme Court [Read Judgment]
The Supreme Court has held that no Income Tax Deduction is payable on Pharmaceutical Companies gifting freebies to doctors. The Central Board of Direct Taxes (CBDT) issued a circular5, which clarified that expenses incurred by
Madras HC directs Taxpayer to request Customer to issue appropriate Credit Notes to neutralise alleged excess GST Payment as Litigation is barred by Limitation [Read Order]
The Madras High Court has  directed the taxpayer to request customers to issue appropriate credit notes to neutralise alleged excess GST payment as litigation is barred by Limitation. It is the case of the petitioner,
Constitution of GST Appellate Tribunal: Allahabad HC refers PIL to Larger Bench headed by Chief Justice [Read Order]
A two-judge bench of the Allahabad High Court comprising Justices Surya Prakash Kesarwani and Jayant Banerji, while considering a Public Interest Litigation (PIL) has referred the matter to a larger bench headed by the Chief
GST: Discrepancy in Quantity of Goods mentioned in E-Way Bill cannot attract Section 129 of CGST Act, rules Punjab & Haryana HC [Read Order]
A division bench of the Punjab and Haryana High Court has held that a discrepancy in the quantity of goods mentioned in the E-Way Bill under GST cannot attract Section 129 of the CGST Act,
GST Provisional Attachment: Bombay HC directs Commissioner to furnish Certified Copy of Reasons as per CBIC Circular [Read Order]
A division bench of the Bombay High Court, while considering a petition by Originative Trading Private Limited, directed the Commissioner to furnish a certified copy of the opinion formed by the Commissioner before filing an
Pre-Deposit Mandatory under Section 129E Customs Act, 1962: Supreme Court [Read Order]
The Supreme Court last week held that the benefit of the first proviso to Section 129E of the Customs Act, 1962 before substitution, whereby the Appellate Tribunal was vested with the power to dispense with
GST Fraud: Anticipatory Bail does not arise for an Offence which is Bailable, but for Non-Bailable and Cognizable Offences, says Allahabad High Court [Read Order]
The Allahabad High court has held that Anticipatory Bail does not arise for an offence which is bailable, but for non-bailable and cognizable offences. The anticipatory bail application under Section 438 of the Code of
SC Condones Delay of 707 Days in Income Tax Refiling, Directs Delhi HC to Consider Appeal on Merits [Read Order]
The Supreme Court (SC) of India condoned a delay of 707 days in income tax refiling and directed the Delhi High Court (HC) to consider appeal on merits. The appellant/Revenue is aggrieved by the order
Income Tax Officers spreading Fear: Chartered Accountants requests to Prime Minister Modi
The Chartered Accountants in India wrote a letter to Prime Minister Modi asking to hold back income tax officials instructed to take “all possible actions” to plug revenue-shortfall. A letter jointly issued by the Bombay