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Tag: pre-GST

GST in Media

One-time settlement policy for tax defaulters on cards

byAdmin22/05/202322/05/2023

The government is all set to bring a one-time settlement policy for over 44,000 defaulters of various state taxes, including Value Added Tax and Central Sales Tax. According to information, the government is making a case to let off nearly…

GST ArticlePre-GST

No Service Tax liability on liquidated damages

byCA Bimal Jain18/05/202318/05/2023

The CESTAT, Chennai in the case of M/s. Bharat Heavy Electricals Limited v. The Commissioner of G.S.T and Central Excise [Service Tax Appeal No. 41500 of 2019 dated April 26,2023] held that recovery of liquidated damages from defaulting party cannot…

GST ArticlePre-GST

When there is no mens rea, no demand will sustain on ground of limitation

byCA Bimal Jain18/05/202318/05/2023

The CESTAT, Kolkata in M/s. BhootpurvaSainik Kalyan Sangh v. Commissioner of Central Excise & Service Tax [Service Tax Appeal No.566 of 2011 dated May 11,2023] held that, there should be mens rea to evade payment of service tax for demand…

GST in MediaPre-GST

Reimbursable Expenses are not includible in the taxable value of the Service: CESTAT

byAdmin29/04/202329/04/2023

The Kolkata Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that reimbursable expenses are not includible in the taxable value of the service in terms of Rule 5(1) of the Service Tax (Determination of Value)…

GST in Media

VAT cases: GST Dept serves notices on 8,000 assessees

byAdmin30/03/202330/03/2023

Talking to The Tribune, advocate Arun Kanwal said the department has sent notices to 8,000 assesses, of which over 4,000 are in Ludhiana. “After VAT was scrapped and the GST regime came into existence, many industrialists changed their accountants and…

GST in Media

Business seek one time settlement scheme for old VAT assessment

byAdmin19/03/202319/03/2023

Jittery over the show-cause notices being issued by State Goods and Services Tax (SGST) department for value added tax (VAT) assessments as old as those from financial year 2016-17, the businessmen have asked chief minister Bhagwant Mann and finance minister…

GST in Media

In absence of cogent evidence, mere invoice production, cheque-payment insufficient to claim ITC: Supreme Court

byAdmin15/03/202315/03/2023

It’s a bad news for the industry as Supreme Court has held that mere production of invoice and cheque payment is insufficient to claim ITC (Input Tax Credit). Expert say though this order is related with matter under Value Added…

Pre-GST

Service Tax Not Payable On Services Of Advertisement In Print-Media

byAdmin06/03/202306/03/2023

The Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that service tax is not applicable to the service of advertisement in print media. The two-member bench of Justice Dilip Gupta (President) and Hemambika M. Priya…

GST ArticlePre-GST

No service tax liability on foreclosure charges collected by banks and NBFCs on premature termination of loans

byCA Bimal Jain24/02/202324/02/2023

The CESTAT, Chennai in M/s Sundaram Finance Ltd. [Service Tax Appeal No. 646 and 647 of 2012 dated February 22, 2023] has set aside the orders passed by the Revenue Department levying service tax on Foreclosure Charges (“FC”) collected by…

GST ArticlePre-GST

Assessee entitled to refund of unutilized Cenvat credit of Education and S&H Education Cess

byCA Bimal Jain15/02/202315/02/2023

The CESTAT, Ahmedabad in USV Private Limited v. Commissioner of Central Excise & ST, Daman [Final Order No. A/10198/2023 dated February 6, 2023] has set aside the order of the Revenue Department denying refund of Cenvat credit to the assessee.…

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