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Category: Supreme Court

Pre-GSTSupreme Court

CBEC Circular related to valuation of goods sold to independent and related parties is not violative of central excise laws

byCA Bimal Jain11/12/202211/12/2022

The Supreme Court of India (“the Supreme Court”) in the case of Commissioner of Central Excise & Service Tax v. Merino Panel Product Ltd [Civil Appeal No. 6891 OF 2018 dated December 5, 2022] held that the Circular No. 643/34/2002-CX …

Supreme Court

No GST Exemption for Spinal Muscular Atrophy Medicine

byAdmin08/12/202208/12/2022

The Supreme Court two-judge bench of Justice M R Shah and Justice C T Ravikumar held that, a Writ of Mandamus cannot be issued directing the Government to exempt the medicine to cure Spinal Muscular Atrophy (SMA) from Goods and…

GST ArticlePre-GSTSupreme Court

Oxygen not a ‘Raw-Material’ for Manufacture of Steel, not Eligible for Concessional Sales Tax Rate

byCA Bimal Jain08/12/202208/12/2022

The Hon’ble Supreme Court of India (“the Supreme Court”) in the case of State of Jharkhand and Others v. Linde India Limited and Another (Civil Appeal Nos. 8061-8064 of 2022) dated December 02, 2022, held that to qualify as raw…

GST ArticleSupreme Court

In case of change of AO, newly appointed AO shall continue proceeding from the stage where they were left by earlier AO

byCA Bimal Jain28/11/202229/11/2022

The Hon’ble Supreme Court (“the Supreme Court”) in the case of Dy. Commissioner of Income Tax New Delhi v. M/s Mastech Technologies Pvt. Ltd. (Civil Appeal No. No. 8077 OF 2022) dated November 03, 2022 held that in case of…

Supreme Court

GST Department will not appeal the Supreme Court’s decision in Mohit Minerals case

byAdmin22/11/202206/01/2023

The CBIC Legal Cell has issued Letter vide F.No. 275/11/2022-CX.8A dated November 04, 2022 informed that the Board has decided that the GST department will not challenge the Supreme Court decision in Mohit Minerals, in which the Apex Court quashed the imposition…

GST ArticlePre-GSTSupreme Court

SC to decide whether Service tax leviable on secondment of employees

byAdmin04/11/202204/11/2022

The Division Bench of the Hon’ble Supreme Court of India, comprising of Hon’ble Mr. Justice Sanjiv Khanna and Hon’ble Mr. Justice J K Maheshwari, issued Notice in the case of Commissioner of GST and Central Excise Chennai v. M/s Komatsu…

Supreme Court

Charitable institution, society or trust should ‘solely’ engage itself in educational activities and not in any activity of profit to enjoy tax exemption

byCA Bimal Jain28/10/202228/10/2022

The Hon’ble Supreme Court in M/s. New Noble Educational Society, v. The Chief Commissioner of Income Tax 1 [Civil appeal no. 3795 of 2014 dated October 19, 2022] has held that for tax exemption, the charitable institution, society or trust…

GST ArticleSupreme Court

SC: Argument of promissory estoppel not valid in limiting erstwhile Area based exemption upto 58% under GST

byCA Bimal Jain19/10/202219/10/2022

The Hon’ble Supreme Court of India in M/S Hero Motocorp ltd. v. Union of India & ors. [Civil Appeal No. 7405 of 2022] held that the assessee established its units in North Eastern and the Himalayan States based on the…

GST ArticleSupreme Court

Tax concession disputes are not subject to arbitration: Supreme Court

byCA Bimal Jain05/10/202205/10/2022

The Hon’ble Supreme Court in the matter of M/s Shree Enterprise Coal Sales Pvt Ltd v. Union of India & Anr [Civil Appeal No 6539 of 2022 dated September 12, 2022] overruled the Allahabad High Court judgment and ordered to…

GST ArticleSupreme Court

SC: Liability to pay customs duty invocable when DEPB license is fake/forged

byCA Bimal Jain05/10/202205/10/2022

The Hon’ble Supreme Court of India in Munjal Showa Ltd. v. Commissioner of Customs and Central Excise [Civil Appeal Nos. 2576 of 2010 AND 5608 of 2011 dated September 23, 2022] dismissed both the appeals filed by the assessee and directed the adjudicating authority to complete the penalty…

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