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News
Unreliable Panchnama, Unproduced Private Ledger Can’t Prove Clandestine Removal: CESTAT
4+ day, 7+ hour ago (1115+ words) The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi, has set aside a central excise duty demand of ₹72.33 lakh against an evaporative air cooler manufacturer after finding that the alleged clandestine clearances were calculated primarily from documents whose…...
±5% Transfer Pricing Range Is Not Standard Deduction; Karnataka High Court Orders Fresh ALP Determination
5+ day, 8+ hour ago (1452+ words) The Karnataka High Court has held that the tolerance range of ±5% provided under Section 92C of the Income Tax Act, 1961, cannot be treated as a standard deduction while determining the arm’s length price of an international transaction. A Division Bench of…...
Reassessment Can’t Be Used to Revisit Issues Already Examined During Scrutiny: Delhi High Court Rejects Income Tax Dept.’s Appeal Against NTPC
5+ day, 8+ hour ago (896+ words) The Delhi High Court has upheld the annulment of reassessment proceedings initiated against NTPC Ltd. for Assessment Year 2007-08, holding that a subsequent Assessing Officer cannot reopen a completed scrutiny assessment merely because he disagrees with the view taken by his…...
Service Tax Paid Under Mistake of Law Attracts 9% Compensatory Interest from Original Refund Application Date: Calcutta High Court
5+ day, 9+ hour ago (1023+ words) The Calcutta High Court has upheld an order directing the Central Goods and Services Tax authorities to pay compensatory interest at 9% per annum on a service tax refund of approximately Rs. 2.20 crore, holding that the interest must be calculated from…...
Service Tax Order Passed 8.5 Years After SCN Quashed: Meghalaya High Court
6+ day, 1+ hour ago (1317+ words) The Meghalaya High Court has quashed a service tax adjudication order against the Assam Rifles Group Insurance Scheme, holding that an unexplained delay of nearly eight-and-a-half years in deciding the show-cause notice violated the statutory timeline under Section 73(4B) of the…...
Supreme Court Stays 3 Times Penalty Over Failure to Disclose Order Clarifying Higher Entry Tax Rate
6+ day, 7+ hour ago (846+ words) The Supreme Court has stayed further proceedings concerning a penalty of ₹1.17 crore imposed on a two-wheeler spare-parts dealer for allegedly failing to disclose an order that clarified the applicable entry tax rate. The Bench of Justice Aravind Kumar and Justice…...
Service Tax Refund or Adjustment Can’t Be Decided Before Classifying Contract as Works or Service Contract: Kerala High Court
6+ day, 7+ hour ago (582+ words) The Kerala High Court has held that the question of refund or adjustment of service tax already paid by an assessee must be kept open until the assessing authority determines whether the underlying contract is a works contract or a…...
Rs. 60 Lakh Pre-Deposit Not Exorbitant Against Rs. 2.31 Crore Excise Duty and Equal Penalty: Punjab & Haryana High Court
1+ week, 6+ hour ago (808+ words) The Punjab and Haryana High Court has upheld a Customs, Excise and Service Tax Appellate Tribunal (CESTAT) order requiring an assessee to deposit ₹60 lakh as a condition for hearing its appeal against a central excise duty demand of ₹2.31 crore, an…...
Service Tax Appeal Can’t Be Rejected Merely Due to Pre-Deposit Through Wrong Portal: Uttarakhand High Court Allows Restoration
1+ week, 6+ hour ago (439+ words) The Uttarakhand High Court has permitted a group of service tax assessees to seek restoration of their statutory appeals that were dismissed for failure to make the mandatory pre-deposit through the prescribed ICEGATE portal. The petitioners had deposited the required…...
Mere Allegation of Suppression Can’t Extend Limitation: CESTAT Quashes Rs. 1.27 Crore Service Tax Demand on Hoarding Rentals
1+ week, 9+ hour ago (1159+ words) The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Bangalore, has set aside a service tax demand of approximately ₹1.27 crore imposed on a publicity company for renting hoardings and advertising space to other advertising agencies. The bench of P.A. Augustian…...