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Category: Pre-GST

GST ArticlePre-GST

Service Tax is exempt for authorized operations conducted within SEZ

byCA Bimal Jain21/03/202421/03/2024

The CESTAT, Ahmedabad in the case of M/s. Inox India Ltd. v. Commissioner of Central Excise [Service Tax Appeal No.…

GST ArticleHigh CourtPre-GST

Cenvat credit is allowed if inputs are wheeled out to the sister company

byCA Bimal Jain01/03/202401/03/2024

The Hon’ble Madras High Court in the case of India Cement Limited v. Commissioner of Customs [C.M.A.(MD) Nos.910 to 914…

GST ArticlePre-GST

Writ jurisdiction cannot grant a waiver of statutory pre-deposit condition for filing appeal

byCA Bimal Jain29/02/202429/02/2024

The Hon’ble Supreme Court in the case of Kantilal Bhaguji Mohite v. Commissioner, Central Excise and Service Tax-Pune III [Special…

GST ArticlePre-GSTSupreme Court

The period during which the matter is pending before the High Court can be excluded from the limitation period

byCA Bimal Jain28/02/202428/02/2024

The Hon’ble Supreme Court in the case of M/s. MPPKVV Co. Ltd. v. GST and Central Excise Commissioner [Special Leave…

GST ArticlePre-GST

Business Transfer Agreements having a non-compete clause cannot be classified as Declared Service for demanding Service Tax

byCA Bimal Jain20/02/202420/02/2024

The Hon’ble CESTAT, Bangalore, in the case of Naveen Chava v. Commissioner of Central Tax [Service Tax Appeal No. 20013…

Pre-GST

One Time Settlement-2023 (OTS) Scheme to settle pre-GST tax liabilities launched by Excise and Taxation Department, Haryana

byAdmin02/01/202416/04/2025

Chief Minister of Haryana launched the One Time Settlement-2023 (OTS) Scheme through the Excise and Taxation Department. The scheme will…

GST ArticlePre-GST

Credit cannot be denied due to incorrect description of Service on invoices when Service Tax has been correctly paid

byCA Bimal Jain16/12/202316/12/2023

The CESTAT, Mumbai in the case of M/s. Tata AIG General Insurance Co. Ltd. v. Commissioner of Service Tax, Mumbai…

GST ArticlePre-GST

Time limit for claiming refund not applicable when Service Tax paid erroneously

byCA Bimal Jain12/12/202312/12/2023

The CESTAT, in Kolkata M/s. Bansal Biscuits Private Limited v. Commissioner of Central Excise & Service Tax, Patna [Service Tax…

GST ArticlePre-GST

Penalty is to be imposed on the erring Government official for non-compliance with the orders of Tribunal

byCA Bimal Jain03/12/202303/12/2023

The CESTAT, Allahabad in the case of M/s. Mahesh & Co. Pte Ltd. imposed a penalty of Rs.2,00,000/- for causing delay in implementation of the earlier order of the Tribunal without any justified reason, and said amount needs to be paid by the erring Commissioner.

GST ArticlePre-GST

Service Tax Demand based on Form 26 AS from Income Tax Department without Investigation is Invalid

byCA Bimal Jain24/11/202324/11/2023

The CESTAT, Kolkata in M/s. Piyush Sharma v. Commissioner of CGST & CX, Patna-I [Service Tax Appeal No.75856 of 2021…

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