Read More: https://www.taxscan.in/section-754-u-p-gst-act-is-mandatory-even-if-no-demand-in-writing-for-hearing-is-made-out-allahabad-hc-quashes-order/269641/ Clipped from: https://www.taxscan.in/section-754-u-p-gst-act-is-mandatory-even-if-no-demand-in-writing-for-hearing-is-made-out-allahabad-hc-quashes-order/269641/?utm_source=izooto&utm_medium=push_notifications&utm_campaign=Section%2075(4)%20U.P.%20GST%20Act%20is%20Mandatory,%20Even%20if%20no%20Demand%20in%20Writing%20for%20Hearing%20is%20made%20out:%20Allahabad%20HC%20Quashes%20Order By Aparna. M – On April 17, 2023 1:00 pm – 2 mins read In a significant case, the Allahabad High Court held that section
Category: Service Tax
👍👍👍👍👍Without Suppression of Facts or Fraud Extended Period of Limitation cannot be invoked
Clipped from: https://taxguru.in/excise-duty/suppression-facts-fraud-extended-period-limitation-invoked.html Mangalore Refinery And Petrochemicals Ltd. Vs Commissioner Of Central Excise & Central Tax (CESTAT Bangalore) CESTAT find force in the submissions made by
👍👍👍👍👍HC quashes service tax notices issued after lapse of 10 years
Clipped from: https://taxguru.in/service-tax/hc-quashes-service-tax-notices-issued-lapse-10-years.html Satish Ch. Das & Co. Vs Commissioner of Central Excise & Customs (Orissa High Court) 1. Both the petitions have been filed by
👍Extended period not involcable in absence of suppression, misrepresentation or fraud
Clipped from: https://taxguru.in/excise-duty/extended-period-involcable-absence-suppression-misrepresentation-fraud.html Principal Commissioner of CGST & Central Excise Vs Securities and Exchange Board of India (Bombay High Court) Bombay High Court held that extended
👍👍👍SCN cannot be issued on the basis of mere Suspicion
Clipped from: https://taxguru.in/custom-duty/scn-issued-basis-suspicion.html Shree Rishabhdev Marble and Minerals Private Limited Vs Commissioner of Customs (Preventive) (CESTAT Delhi) CESTAT find that the present proceedings before this Court
👍👍👍Appeal cannot be dismissed for delay in filing appeal against an Order not served
Clipped from: https://taxguru.in/custom-duty/appeal-dismissed-delay-filing-order-served.html Anish India Export Vs Commissioner of Customs – Mumbai (Air Cargo Export) (CESTAT Mumbai) CESTAT find that the learned Commissioner (Appeals) has reproduced
Penalty u/s 77 and 78 cannot be imposed in absence of evidence of Suppression of fact to evade Payment of Tax: CESTAT
Clipped from: https://www.taxscan.in/penalty-u-s-77-and-78-cannot-be-imposed-in-absence-of-evidence-of-suppression-of-fact-to-evade-payment-of-tax-cestat/260256/ By Yogitha S. Yogesh – On March 9, 2023 4:15 pm – 2 mins read The Customs, Excise & Service Tax Appellate Tribunal ( CESTAT ) of Chennai Bench has held
🙏🙏🙏🙏🙏Transfer of Cases to call book and reviving after a long gap without any reasonable explanation is not allowable: Orissa HC
lipped from: https://www.taxscan.in/transfer-of-cases-to-call-book-and-reviving-after-a-long-gap-without-any-reasonable-explanation-is-not-allowable-orissa-hc/260245/ By Yogitha S. Yogesh – On March 9, 2023 3:15 pm – 2 mins read The Orissa High Court (HC) held that the transfer of cases to
👍Maharashtra Amnesty Scheme, 2023 for Goods and Services Tax Department
Clipped from: https://taxguru.in/goods-and-service-tax/maharashtra-amnesty-scheme-2023-goods-services-tax-department.html HIGHLIGHTS OF THE MAHARASHTRA STATE BUDGET SPEECHDATED 9TH MARCH, 2023BY HONOURABLE DEPUTY CHIEF MINISTER (FINANCE)SHRI DEVENDRA FADNAVIS PART-II (A) Amnesty Scheme, 2023 for Goods
👍Penalty u/s 78 not imposable in absence of deliberate intention to evade payment of service tax
Clipped from: https://taxguru.in/service-tax/penalty-u-s-78-imposable-absence-deliberate-intention-evade-payment-service-tax.html Cable Vision Vs Commissioner of Central Excise and Service Tax (CESTAT Chennai) CESTAT Chennai held that penalty under section 78 of the Finance
🙏🙏Personal Hearing to be granted only after receipt of reply and where contemplation of adverse decision against petitioner: Madras HC
Clipped from: https://www.taxscan.in/personal-hearing-to-be-granted-only-after-receipt-of-reply-and-where-contemplation-of-adverse-decision-against-petitioner-madras-hc-read-order/254939/?utm_source=izooto&utm_medium=push_notifications&utm_campaign=Personal%20Hearing%20to%20be%20granted%20only%20after%20receipt%20of%20reply%20and%20where%20contemplation%20of%20adverse%20decision%20against%20petitioner:%20Madras%20HC In a recent decision the Madras High Court observed that personal hearing to be granted only after receipt of reply and where contemplation
👍Difference in Date of Dispatch and Date Assessment Order: Madras HC quashes Assessment Order
Read More: https://www.taxscan.in/difference-in-date-of-dispatch-and-date-assessment-order-madras-hc-quashes-assessment-order-read-order/257115/ Clipped from: https://www.taxscan.in/difference-in-date-of-dispatch-and-date-assessment-order-madras-hc-quashes-assessment-order-read-order/257115/ The Madras High Court quashed assessment order as there was difference in date of dispatch and date assessment order. The petitioner
Violation of natural justice in Administrative Body cannot be cured by natural justice at the Appellate Stage: Rajasthan HC
Read More: https://www.taxscan.in/violation-of-natural-justice-in-administrative-body-cannot-be-cured-by-natural-justice-at-the-appellate-stage-rajasthan-hc-read-order/247698/ Clipped from: https://www.taxscan.in/violation-of-natural-justice-in-administrative-body-cannot-be-cured-by-natural-justice-at-the-appellate-stage-rajasthan-hc-read-order/247698/?utm_source=izooto&utm_medium=push_notifications&utm_campaign=Violation%20of%20natural%20justice%20in%20Administrative%20Body%20cannot%20be%20cured%20by%20natural%20justice%20at%20the%20Appellate%20Stage:%20Rajasthan%20HC A Division Bench of the Rajasthan High Court recently set aside the orders passed against the assessee, both in adjudication and
***HC quashes SCN for retrieval of matter from ‘Call book’ after 16 years
Clipped from: https://taxguru.in/excise-duty/hc-quashes-scn-retrieval-matter-call-book-16-years.html IDCOL Ferro Chrome & Alloys Ltd Vs Commissioner Central Excise, Customs & Service Tax (Orissa High Court) Court is unable to find any valid explanation
Demand based on audit without any further investigation is liable to be set aside
Clipped from: https://taxguru.in/service-tax/demand-based-audit-investigation-liable-set-aside.html Innovative and Technological Learning Services Pvt Ltd. Vs Commissioner of CGST (CESTAT Mumbai) Demand based on audit without any further investigation is liable
Order sent on old address without any effort from AO to send on correct address is barred by limitation
Clipped from: https://taxguru.in/income-tax/order-old-address-effort-ao-send-correct-address-barred-limitation.html DSV Solutions Pvt Ltd Vs DCIT (ITAT Mumbai) There was no forwarding, not even an effort to forward, the draft assessment order to
Mere issuance of SCN or letters of personal hearing is not adequate*******
Clipped from: https://taxguru.in/service-tax/issuance-scn-letters-personal-hearing-adequate.html Sai Construction Vs Assistant Commissioner of Central Tax (Telangana High Court) HC held that Mere issuance of show cause notice or letters of
CBIC constitutes Customs, Central Excise & Service Tax Settlement Commission to Settle Tax Notices*******
lipped from: https://www.taxscan.in/cbic-constitutes-customs-central-excise-service-tax-settlement-commission-to-settle-tax-notices/237696/ The Central Board of Indirect Taxes and Customs (CBIC) has constituted the much-awaited Customs, Central Excise & Service Tax Settlement Commission to resolve and settle
Ex-parte orders violates principles of natural justice & entails civil consequences
Clipped from: https://taxguru.in/goods-and-service-tax/ex-parte-orders-violates-principles-natural-justice-entails-civil-consequences.html National Co-operative Consumer Federation of India Limited Vs State of Bihar (Patna High Court) The Hon’ble Patna High Court in National Co-operative Consumer Federation
Failure to consider reply to SCN and Document produced: Bombay HC quashes demand of Service Tax
Clipped from: https://www.taxscan.in/failure-to-consider-reply-to-scn-and-document-produced-bombay-hc-quashes-demand-of-service-tax/235501/ The Bombay High Court at Goa, quashed demand of service tax on failure to consider reply to Show Cause Notice (SCN) and document
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