The Hon’ble Bombay High Court in the case of Combitic Global Caplet Pvt. Ltd. directed the Revenue Authority to rule the sanctioning authority to refund the amount in the CENVAT credit account in cash instead of crediting it to the CENVAT account.
No Service Tax on revenue sharing agreement between exhibitor & distributor for exhibiting film
The Hon’ble Supreme Court in Commissioner of Central Excise and Service Tax Ludhiana has disposed the appeal filed by Revenue challenging earlier order passed in favour of the Respondent by the CESTAT, which had set aside the demand for service tax w.r.t revenue sharing agreement between Exhibitor and Distributor pertaining to showcasing of films/ movies.
Bombay HC set aside VAT demand on sale of business as a “going concern” (slump sale)
The facts before the HC were that the petitioner transferred its intellectual property rights (IPRs) and goodwill through a Business Transfer Agreement (BTA). The BTA constituted a slump sale of the petitioner’s entire domestic formulation business for a lump sum consideration.
Unutilized VAT Credit is allowed to be transitioned under the GST regime
The Hon’ble Madras High Court in the case of M/s. Radhikka Ceramic World held that the amount of advance tax that was un-utilized under VAT has to be allowed to be transitioned under Section 140 of the TNGST Act.
No Service Tax payable on freight margin recovered from the customer in case of outbound shipments
The CESTAT, Ahmedabad in the case of Vishal Tansukhbahai Gohel that in the case of outbound shipment, both by aircraft and vessel, the destination of goods shall be outside India. Therefore, there will be no Service tax on the freight margin recovered by the Appellant from the customer.
Writ Petition is maintainable if the Position of Appellate Authority is vacant
The Hon’ble High Court of Jammu & Kashmir in the case of Oriental Insurance Co. Ltd. v. dismissed the appeal as infructuous. M/s Oriental Insurance Co. Ltd. had filed a writ of mandamus for commanding the Respondent to hear the appeal against the Assessment Order dated March 31, 2018, for 2013-14.
Service Tax payable under reverse charge when reimbursable expense incurred by distributor on providing service on behalf of taxable person
The CESTAT, Chandigarh in the case of M/s. Maruti Suzuki India Ltd. partly allowed the appeal filed by setting aside the penalty and confirming the demand of tax, thereby holding that, Service Tax is payable under reverse charge when reimbursable expense incurred by distributor on providing service on behalf of the taxable person for business purpose under Business Auxiliary Services.
All appeals prior to 2018 shall be listed by Registry on priority basis
Long pending cases have come to the notice of the Honorable President. It has since been directed that all appeals prior to the year 2018 shall be listed by the Registry on priority basis.
Supreme Court to examine whether supplying crane for loading, unloading, lifting and shifting services is transfer of “right to use”
The Revenue Department challenged the decision of Rajasthan High Court before the Hon’ble Supreme Court of India of holding that services of loading, unloading, lifting and shifting, by way of the crane provided by the assessee to transport department/other institutions constitute contract of service and not ‘sale’ as provided u/s 2(35)(iv) of the Rajasthan VAT Act, 2003
No Service Tax liability for BookMyShow on transactions with credit card companies
In a recent ruling, the Mumbai Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that BookMyShow, an online ticketing platform, is not liable to pay service tax on transactions with card companies.