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GST
![High Court at Calcutta: Detention of goods without passing a formal seizure order within statutory timelines is unjustified; Authorities cannot insist on personal appearance when representation through an advocate is legally permitted [Order attached]](https://www.taxrealtime.in/images/posts/07999f76743cce99c42bb8dfda272060.png)
![High Court of Himachal Pradesh: Parallel GST adjudication on the same subject matter is barred, once one authority initiates proceedings; however, investigation like summons can still continue [Order attached]](https://www.taxrealtime.in/images/posts/982283227531cb2a908c572e21576bcd.jpeg)
![High Court of Karnataka: Pigmy agents do not fit RBI’s definition of business facilitators, instead are in the nature of employment, hence not taxable under RCM GST as per Schedule III [Order attached]](https://www.taxrealtime.in/images/posts/4d07609af36396de95309ebca4064db9.jpg)
![Karnataka High Court: Section 54 limitation is mandatory, but present genuine delayed refund claim can still be allowed through writ jurisdiction under Article 226 with safeguards [Order attached]](https://www.taxrealtime.in/images/posts/0fc22b0c6bd0019a05b22efb3a66c4ec.jpg)
![Bombay High Court: Vouchers are merely instruments creating obligation to accept payment, and hence cannot be treated as supply of goods or services [Order attached]](https://www.taxrealtime.in/images/posts/449681ce70beeb4f1c67665bf017e086.png)
![AAR Tamil Nadu - Supply of medicines to inpatients is exempt as part of composite healthcare services, but supply to outpatients is taxable [Order attached]](https://www.taxrealtime.in/images/posts/f135b28e123bb54f847b726288092606.png)
![High Court of Andhra Pradesh: Only Customs authorities (not GST officers) have jurisdiction to assess and levy IGST on imported goods; Action by State GST officers without jurisdiction [Order attached]](https://www.taxrealtime.in/images/posts/313ea23b5777a342cddf52aa3fb4f26d.png)
![High Court of Punjab & Haryana at Chandigarh: Notice unsustainable in law as it is premised on an incorrect assertion that a CAG audit was conducted, whereas no such audit actually took place - SCN quashed [Order attached]](https://www.taxrealtime.in/images/posts/64e6d78f46bd66592e0de2718f5ba20d.jpg)
![High Court of Andhra Pradesh: Passing through State GST officers cannot detain/confiscate goods in interstate (IGST) transit merely for valuation issues or when they lack jurisdiction over the taxpayer [Order attached]](https://www.taxrealtime.in/images/posts/c16341e867fc8d0e98360f32cab9adf7.jpeg)
![Karnataka High Court: GST authorities can use material collected by other commissionerates, especially in multi-state tax evasion investigations; SCN stays valid if based on relevant evidence, even from cross-jurisdiction investigations [Order attached]](https://www.taxrealtime.in/images/posts/93d643c75d2f1c9e85b19021c36ee81f.jpeg)
![Gujarat High Court : ITC can be transferred across states after amalgamation; GST portal restrictions cannot override the law [Order attached]](https://www.taxrealtime.in/images/posts/98bc53541f3e05b68fd3aeb277f2e5ce.jpeg)
![Orissa High Court: Limitation for filing an appeal begins from the date of communication of order, not from when the assessee claims knowledge; Writ dismissed being Appeals not filed within time limits [Order attached]](https://www.taxrealtime.in/images/posts/639c69c972c5c57fb8277366d4a966c7.jpg)
![Karnataka High Court: Concessional benefits for exports not available when goods sent to third party manufacturer for exports and not to the mechant exporter [Order attached]](https://www.taxrealtime.in/images/posts/720950e397fcbb0c4f7617f97823747e.jpg)
![Gauhati High Court: Summary SCN cannot replace a proper SCN, and absence of hearing and authentication makes the entire demand invalid [Order attached]](https://www.taxrealtime.in/images/posts/c66180582cc04dd7efe70ae36e1eee85.jpeg)
![Gauhati High Court: GST demand fails when issued without a proper SCN, without signing and authentication, even if summary forms are uploaded [Order attached]](https://www.taxrealtime.in/images/posts/4758454fc32d01c47f3844cf2a194f76.jpeg)
![Delhi High Court : Refund delayed is justice denied: Courts expect GST orders to be implemented, not revisited; Directed to process refund within 3 weeks [Order attached]](https://www.taxrealtime.in/images/posts/9fb3b631a71298e1af663192099fc30f.jpg)
![Delhi High Court : Relying on Ambika Traders, GST law permits consolidation of multiple financial years in a single SCN; Writ not maintainable where GST Appellate Remedy Exists [Order attached]](https://www.taxrealtime.in/images/posts/11381abf40028227a255c1fe396ad599.jpeg)
![Gujarat High Court : omission of Rule 96(10) applies to all pending proceedings and not just only future cases; Petitioner entitled to refund [Order attached]](https://www.taxrealtime.in/images/posts/c0c89dbb6271760fb06058b11097bf38.jpg)
![Madras High Court: Extended Limitation not Invokable for interpretational disputes regarding claim of exemption on “Branded vs Unbranded” Goods [Order attached]](https://www.taxrealtime.in/images/posts/2428d887330fe4079cafd95d7f2c7ca8.jpg)
![Bombay High Court: GST authorities cannot seize cash under Section 67 without proper “reason to believe” and legal backing, making such seizure is illegal [Order attached]](https://www.taxrealtime.in/images/posts/2f21180d2290aa133e0656ad7cff2b39.jpg)
![Karnataka High Court: ITC cannot be blocked under Rule 86A for supplier’s actions when alleged fraud is by the recipient [Order attached]](https://www.taxrealtime.in/images/posts/843c69751ce0b314e4fae5fb9c74c655.jpeg)
![Madras High Court : Demand order exceeding the amount proposed in the Show Cause Notice violates Section 75(7) and is legally impermissible [Order attached]](https://www.taxrealtime.in/images/posts/4d7d855996fd0f1e79c5ac11655194c8.jpeg)
![Gauhati High Court: Mandatory 10% pre deposit cannot be waived where the Section 74 order confirming wrongful ITC availment contains reasoned findings [Order attached]](https://www.taxrealtime.in/images/posts/c0a06de6360d6a49f1db632c68672e72.jpeg)
![Allahabad High Court: Appellate order without considering the key contentions raised by the taxpayer regarding the reliability of the laboratory report and the sampling process is invalid [Order attached]](https://www.taxrealtime.in/images/posts/e8a95359062a904048a0683dae991e5b.jpg)
![Allahabad High Court: Adjudication order demanding interest not quantified in the SCN is beyond the scope of the notice and liable to be set aside [Order attached]](https://www.taxrealtime.in/images/posts/1f2a39841ca32c9ab15e87cf3fce35a3.jpg)
![Madras High Court upheld the validity of Rule 39(1)(a) of the CGST/TNGST Rules requiring Input Service Distributors to distribute ITC in the same month as the underlying invoice [Order attached]](https://www.taxrealtime.in/images/posts/14f1ad9eb9a3cbe0299ce45cd0618105.jpeg)
![Madhya Pradesh High Court: IGST paid even prior to struck down of GST levy on ocean freight by the Supreme Courton must be refunded since the levy was itself declared unconstitutional [Order attached]](https://www.taxrealtime.in/images/posts/91ad28c358934d011066bda77756acbe.jpg)
![Gujarat High Court : Heavy penalty under Section 129 cannot be imposed merely for E-way bill expiry when goods are meant for export being zero-rated supplies with no tax liability [Order attached]](https://www.taxrealtime.in/images/posts/28ae172e70294fa6f421b72f429aba7c.jpg)
![Rajasthan High Court: Order against a non-existent company post-amalgamation is void, and its GST registration is deemed cancelled upon merger intimation [Order attached]](https://www.taxrealtime.in/images/posts/6f10676ded446d9430fefd23748898fd.jpg)
![Kerala High Court: Under amended GST law, goods detained for confiscation under Section 130 cannot be provisionally released by paying fine in lieu of confiscation; Release is permissible only after a final confiscation order [Order attached]](https://www.taxrealtime.in/images/posts/1a1a325cc46c7d32ee7899a0e8855576.jpg)
![GST - Orissa High Court: Refund of tax paid twice (by cash ledger as well as credit ledger) under a mistake cannot be denied on limitation-retention of such amount violates Article 265 of the Constitution [Order attached]](https://www.taxrealtime.in/images/posts/56c2ec467df37477eae819e74ff35039.jpg)
![Gauhati High Court: SCN for FY 2020–21, issued on 29.11.2024 (annual return due date: 28.02.2022), is valid and within limitation, having satisfied the “minimum three months prior” requirement under Section 73 [Order attached]](https://www.taxrealtime.in/images/posts/99f9cc5d178c0157e3a48e87b5c8a310.jpeg)
![GST - Tripura High Court: A bona fide purchaser cannot be denied ITC merely because the seller failed to deposit the tax with the Government [Orderattached]](https://www.taxrealtime.in/images/posts/597e4cef6211642ff5766419c64974c1.jpg)
![GST - Madras High Court: W.e.f 01.04.2024, Sections 73 and 74 were omitted, and is goverbed by Section 74A; Assessment order passed under Section 74 for FY 2025-26 is without jurisdiction [Order attached]](https://www.taxrealtime.in/images/posts/4a6e46de95943477b0b4c0bb1ffb8103.jpg)
![GST - Supreme Court over rules Gujarat High Court judgement holding once tax burden has been passed, refund of wrong tax paid cannot be deposited to a seperate refund account for future adjustments, must be credited to Consumer Welfare Fund [Order attached]](https://www.taxrealtime.in/images/posts/8262e069144c317bf2178c82c2281428.jpg)
![GST - Madras High Court: Retrospective insertion of Sections 16(5) and 16(6) restores eligibility for ITC; Authorities cannot deny ITC benefits or waiver relief contrary to binding CBIC circulars [Order attached]](https://www.taxrealtime.in/images/posts/428b354a6135e4010c7ceb231f74b135.jpg)
![GST - First Landmark Order by GSTAT Principal Bench – Mere mismatch between GSTR-1 and GSTR-3B does not automatically establish tax evasion without proper reconciliation; Section 74 Cannot Be Invoked without Proof of Fraud or Suppression [Order attached]](https://www.taxrealtime.in/images/posts/024f0526d345c8330a52e16ed78780bc.jpeg)
![GST - Gauhati High Court: Summary SCN (DRC-01) cannot replace a SCN under Section 73; Unsigned attachments without digital or valid signature render the notice and order ineffective [Order attached]](https://www.taxrealtime.in/images/posts/d95532f14a701da1d24d147057552ecf.jpeg)
![GST - Odisha High Court: Rectification application cannot be rejected without considering ITC reconciliation records available on GST portal [Order attached]](https://www.taxrealtime.in/images/posts/cf4693467897714d600ab9c228195c02.png)
![GST - Allahabad High Court: Time spent pursuing a rectification application or remedy before a wrong forum must be excluded while computing limitation for GST [Order attached]](https://www.taxrealtime.in/images/posts/f91e077be622be24d51aef192d8d26cf.png)
![GST - New Delhi High Court: As the Commissioner is part of the Board, a Circular assigning powers to GST officers cannot be struck down on mere technicalities [Order attached]](https://www.taxrealtime.in/images/posts/91c557e52ba062244783a199270bd5fc.jpg)
![GST - Calcutta High Court : Raising new allegations at the appellate stage violates Section 75(4) and Section 107(11) of the CGST Act - Appellate authority cannot traverse beyond original SCN [Order attached]](https://www.taxrealtime.in/images/posts/d8a25b81b70f7369640268e95a168f4f.jpeg)
![GST - AAAR Odisha: Services provided from the Mumbai HO through field engineers to branch do not create a place of business, fixed establishment - GST registration not required [Order attached]](https://www.taxrealtime.in/images/posts/9c1fc312c0d8f8592c42e201d1d0dcd7.jpg)
![GST – Madras High Court: Rectification application, when filed by the assessee, cannot be rejected without assigning reasons or examining the apparent error – Writ petition allowed [Order attached]](https://www.taxrealtime.in/images/posts/9f9dba2a41ecca1dbeab4234cec13f92.png)
![GST - Calcutta High Court: Treating supplier’s statement as “gospel truth” without verification is an error by Department; Carrying valid invoice and e-way bill is a sufficient compliance, penalty imposed under Section 129 is invalid [Order attached]](https://www.taxrealtime.in/images/posts/ff417b1ee82c841160ef1cbf31a7ed1f.jpeg)
![GSTN has issued an advisory on new IMS changes effective 01 Oct 2025 – including option to keep specified documents, such as credit notes, pending for a tax period; Option to put remarks, and several other updates [Advisory attached]](https://www.taxrealtime.in/images/posts/b205fac1c7e63c5f17507f3b65fe9028.jpg)
![GST - Supreme Court: Delhi High Court ruling upheld on issue of Show Cause Notice for multiple financial year in fraudulent ITC claim [Order attached]](https://www.taxrealtime.in/images/posts/447962b68c89da8509477168f0b24397.jpeg)
![GST - Government has issued a series of notifications giving effect to the decisions taken in the recent 56th GST Council meeting - Covering revisions in GST rates, exemptions, and clarifications across multiple goods and services [Notifications attached]](https://www.taxrealtime.in/images/posts/47aba38ffcdc1d2d9be0fee6d8d43bfe.png)
![GST - CBIC issued FAQ covering NPPA clarification on Medicines relabeling, Uniform 5% GST on Drones, Rate Cuts on Bricks & Key Clarifications on Hotels, Insurance, Transport and Services [FAQ attached]](https://www.taxrealtime.in/images/posts/2c2e8ff2c94703d7c3035a8b450ba253.jpg)
![GST - CBIC issued Circular to clarify post-sale Discounts generally not taxable, except when linked to agreed customer pricing or promotional services [Circular attached]](https://www.taxrealtime.in/images/posts/0bf8bb9869b5c31fecc39d793f4ebff6.jpg)
![GST - AAR Karnataka: Services provided by an NSDC-approved training partner under "Market Led Fee Based Services" scheme qualify for exemption [Order attached]](https://www.taxrealtime.in/images/posts/5f9b5834722cee085fafb05155a67d01.jpg)
![GST - AAR Maharashtra: Veterinary services for livestock are exempt from GST; Laboratory testing services classifiable under Heading 998346 are taxable [Order attached]](https://www.taxrealtime.in/images/posts/67370385f4d14aa505f6dfa845014494.jpg)
![GST - AAR Tamil Nadu: Acer Interactive Flat Panels classifiable under CTH 85285900 having GST rate 28%, and not under under CTH 8471 4190, GST@ 18% [Order attached]](https://www.taxrealtime.in/images/posts/8a7956248c57ec67a41e9f2073ab0ea9.jpg)
![GST – Calcutta High Court: 394-days of delay in filing GST appeal cannot be condoned under Section 107(4); Natural justice is not violated if a hearing date is given but ignored by the taxpayer [Order attached]](https://www.taxrealtime.in/images/posts/1e6127a7b3e10adcc5015d35ef01f3dc.jpg)
![GST – Himachal Pradesh High Court: Delay condoned in filing GST appeal, as registration cancellation affects livelihood - Right to carry on business is protected under Article 21 [Order attached]](https://www.taxrealtime.in/images/posts/80dd664440669b04bc3272fc84eeff35.jpg)
![GST – Patna High Court: Refund of wrong tax paid (CGST & SGST) is allowable under Section 77 if IGST is later paid correctly; limitation runs from date of IGST payment, not original wrong payment [Order attached]](https://www.taxrealtime.in/images/posts/41bf9693135e6e2a16aba639f083db66.jpg)
![GST - Supreme Court: Flavored milk is to be classified under HSN 04030000 and taxed at 5% GST, and not 12% [Order attached]](https://www.taxrealtime.in/images/posts/4d3e5fb8dbbace2f3e5997855763fd3a.jpg)
![GST - Supreme Court: SC dismissed SLP upholding Delhi HC ruling that no GST leviable on regulatory fees of CERC/DERC being performing statutory functions falling under Schedule III exclusion [Order attached]](https://www.taxrealtime.in/images/posts/cfec6d02481bf2b5d960d07a771a7e78.jpg)
![GST – Allahabad High Court: Address in GST registration must be amended before goods movement, post-detention changes don’t cure prior non-compliance under strict Section 129 - Penalty upheld [Order attached]](https://www.taxrealtime.in/images/posts/68ce295f02cbee26678cee395af3d9a7.jpeg)
![GST – Bombay High Court at Goa: Post amalgamation, transfer of CGST and IGST credit to another State is permissible, as there is no restriction under the GST law [Order attached]](https://www.taxrealtime.in/images/posts/f718822e3d5b7f8c59cd949a8b82f7af.jpeg)
![GST – Madras High Court: When there is no rectification, there is no question of invoking the principles of natural justice - Hearing is not mandatory before dismissing rectification application [Order attached]](https://www.taxrealtime.in/images/posts/7831ad169f56ed34b089cdd81a86ae53.jpg)
![GST – Madras High Court: Delay condoned of 10 days in filing Appeal and directed to refund the GST recovered from bank account of the Petitioner [Order attached]](https://www.taxrealtime.in/images/posts/382a2446e1a049322702757d976ae290.jpg)
![GST – Madras High Court: When taxpayer does not respond, uploading notices only on GST portal is insufficient, authorities must explore other prescribed modes of service [Order attached]](https://www.taxrealtime.in/images/posts/62e68e395ff9d6ed292e6b698f49ff04.jpg)
![GST – Madras High Court: Without reasonings as to why there is no error apparent on the face of the record, rejection of rectification application violates Section 161 [Order attached]](https://www.taxrealtime.in/images/posts/0a22d7aa49d67129fbf59c477a352ee4.jpg)
![GST – High Court of Jharkhand: Failure to upload DRC-07 on the same day as intimated over email led to breach of natural justice due to non-supply of the order [Order attached]](https://www.taxrealtime.in/images/posts/ec019600038437732995c60da5b524eb.jpg)
![GST – High Court of Jharkhand: Show Cause Notice without Digital Signature is invalid [Order attached]](https://www.taxrealtime.in/images/posts/c782a475ff0d4d855a77cec56f5af90f.jpeg)
![GST – Madras High Court: Show Cause Notice issued on ITC mismatch due to absence of supplier’s CA certificate, is invalid, in case taxpayer's own CA certifies the transaction [Order attached]](https://www.taxrealtime.in/images/posts/799d743a4ca659fd7558f2db2a7bef68.jpg)
![GST – Allahabad High Court: Penalty under Section 129 not leviable during transit solely for misclassification, where the value of goods and e-way bill documents is undisputed [Order attached]](https://www.taxrealtime.in/images/posts/9a1c18d4bf3bd271b7ceebd0806364ba.jpeg)
![GST – AAR Gujarat: No GST leviable on interest and arbitration cost awarded under GST regime for pre-GST contract period [Order attached]](https://www.taxrealtime.in/images/posts/fa42eb123e6aa89cd033bf92ecd14814.jpg)
![GST – Bombay High Court: Recovery notice cannot be directly issued to a third-party bank without serving or hearing the taxpayer [Order attached]](https://www.taxrealtime.in/images/posts/e889245089aff9b235891528561730ea.png)
![GST – Allahabad High Court: Proceedings conducted in the name of a deceased person are void ab initio; Notice must be issued to legal representative [Order attached]](https://www.taxrealtime.in/images/posts/82d11b2f1d8f1f07c2816227c56b6a1c.jpeg)
![GST – Madras High Court: Portal notices alone are invalid service, if taxpayer does not respond, Authorities must explore alternate modes of communication, like RPAD [Order attached]](https://www.taxrealtime.in/images/posts/a709bf90937ad0104643db8aadb3624f.jpg)
![GST – Allahabad High Court: ITC involving issues of fake suppliers or no actual supply squarely falls under Section 74 of the CGST Act [Order attached]](https://www.taxrealtime.in/images/posts/50598dd607e4101814728767cd35e183.jpg)
![GST – Madras High Court: Delay of 37 days in filing appeal is condoned being reason satisfactorily explained [order attached]](https://www.taxrealtime.in/images/posts/6eeee2983eb6821ed78691a5be8e32b3.jpg)
![GST – Madras High Court: Rectification application cannot be rejected without assigning reasons or examining the apparent error [Order attached]](https://www.taxrealtime.in/images/posts/7f81a7c35c1e30c5c87b84a5173225cb.png)
![GST – Allahabad High Court: SCN upload on GST portal post cancellation is not a valid service; alternative modes must be adopted [order attached]](https://www.taxrealtime.in/images/posts/dc93e7ae564be08654638ab8ea5cd652.jpg)
![GST – Bombay High Court: Transitional credit cannot be denied for manual filing of excise returns, due to limitation of e-filing post-GST [order attached]](https://www.taxrealtime.in/images/posts/639716cb3abf97bfd12cf8eb9c5d96b2.jpg)
![GST – Gujarat High Court: Directed revenue to consider documents submitted post-refund rejection, if it proves import of capital goods was under EPCG, which are exempt from Rule 96(10) restrictions [Order attached]](https://www.taxrealtime.in/images/posts/1ba21162be74322983504ecc5bffb75c.jpg)
![GST – Gujarat High Court: Assignment of leasehold rights of industrial plots for consideration is treated as a transfer of immovable property and not a taxable “supply of service” under GST [Order attached]](https://www.taxrealtime.in/images/posts/1057691b1770ef8a40f4d75b97edbc6c.jpg)
![GST – Gujarat High Court: Assignment of leasehold rights of industrial plots amounts to a transfer of immovable property, not a supply of service [Order attached]](https://www.taxrealtime.in/images/posts/c52fa722ff2bfc8d757a85ac6117b50d.jpg)
![GST – Calcutta High Court: Declaring a registered supplier as an unregistered person in the e-way bill is not a mere irregularity but is a case of mensrea [Order attached]](https://www.taxrealtime.in/images/posts/f0a5cec928f6d7ae72e3d99509db95e8.jpeg)
![GST – Delhi High Court: Despite delay, petitioner allowed to reply to audit findings and seek hearing due to high demand quantum [Order attached]](https://www.taxrealtime.in/images/posts/edcc3d3d88ee53721df4e146699d72b0.jpg)
![GST – Calcutta High Court: Ex-parte order has been passed after petitioner skipped multiple hearing opportunities; Directed to avail appeal remedy [Order attached]](https://www.taxrealtime.in/images/posts/3cf4d570f6dd3688e997ab22f4cc1449.jpg)
![GST – Andhra Pradesh High Court: Assessment order without DIN and signature are invalid; Directed for fresh adjudication [Order attached]](https://www.taxrealtime.in/images/posts/4b308946515b066f171ed7e206a50115.jpg)
![GST – Allahabad High Court: Demand raised beyond the SCN amount violates Section 75(7) and is liable to be set aside [Order attached]](https://www.taxrealtime.in/images/posts/88a5d4a235b11b38a03136ce6d6f3f67.jpg)
![GST – Bombay High Court: Provisional attachment requires valid reasons and evidence — Mere initiation of proceedings under Section 67 isn't enough [Order attached]](https://www.taxrealtime.in/images/posts/383a6f24a2aa9c48ceabd06cf1a49c72.jpg)
![GST – Andhra Pradesh High Court: Assessment order without DIN is invalid and non-est in law [Order attached]](https://www.taxrealtime.in/images/posts/8198e1f293c93728dbb2d7c7dd9ff1fa.jpg)
![GST – Bombay High Court: EOUs aren’t automatically denied IGST refunds under Rule 96(10); refund can’t be withheld without evidence of double benefit [Order attached]](https://www.taxrealtime.in/images/posts/053fb8c3c045e54fed183a17217d7829.jpg)
![GST – Gujarat High Court: Export remittance received under an RBI-approved net-off mechanism is admissible – High Court directs to grant export benefits [Order attached]](https://www.taxrealtime.in/images/posts/229b0aa808ac19a529f4cc8f9ff4340a.jpg)
![GST – Andhra Pradesh High: GST – Andhra Pradesh High: Detention of goods in transit – The Department cannot introduce additional reasons after the impugned order has already been issued [Order attached]](https://www.taxrealtime.in/images/posts/49cd7c5e6422902b73be02499aebb273.jpg)
![GST – Delhi High Court: Uploading GST orders on less visible sections of "Additional Notices" without proper notice denies taxpayers a fair hearing and violates natural justice [Order attached]](https://www.taxrealtime.in/images/posts/a646bbfc34d6412809edd67aa33c255e.jpg)
![GST – Madras High Court: ITC claims for FYs 2017–18 to 2020–21 are valid if GSTR-3B was filed by 30.11.2021, owing to the retrospective amendment via Section 16(5) – Petition allowed [Order attached]](https://www.taxrealtime.in/images/posts/7f852bc91a8358dfdd4c6cde050d82e4.jpg)
![GST – Kerala High Court: Confiscation without proper notice to the registered owner is void, as WhatsApp service is not legally valid [Order attached]](https://www.taxrealtime.in/images/posts/ffb912091a6a837224dc3f20338db32b.jpeg)
![GST – Kerala High Court: Taxpayer's appeal rights cannot be denied due to GST portal issues; if timely filing is hindered by technical glitches despite due diligence, appeals must be heard on merits – Writ petition disposed [Order attached]](https://www.taxrealtime.in/images/posts/9f826134b30bce85095b21d0395412a7.jpg)
![GST – Gujarat High Court: GST orders uploaded via officer login are deemed digitally signed; lack of visible signature on the PDF does not affect their validity [Order attached]](https://www.taxrealtime.in/images/posts/bd0f288507d506d6964222e0f00ded01.jpg)
![GST – Gauhati High Court: Form DRC-01 cannot substitute a proper SCN under Section 73(1); Orders without due notice and hearing violate natural justice and are legally invalid [Order attached]](https://www.taxrealtime.in/images/posts/cdc5edae1feca8b11eda5160eff63996.jpeg)
![GST – Calcutta High Court: Although the officer fulfilled his duty, the right to refile refund application accrues only when the deficiencies are electronically communicated - Petitioner cannot be suffer without being made aware of the deficiencies [Order attached]](https://www.taxrealtime.in/images/posts/4c0102aa19fa67c0a0ed5271f677a7f7.jpg)
![GST – Calcutta High Court: ITC denied due to filing of GSTR-3B beyond the statutory timeline; Supreme Court's Order on extension of limitation not applicable - Petition dismissed [Order attached]](https://www.taxrealtime.in/images/posts/5c7bf9557242fadbb3577703559f8b1a.jpg)
![GST – Himachal Pradesh High Court: ITC reversed “under protest” does not imply admission of tax liability by the assessee [Order attached]](https://www.taxrealtime.in/images/posts/7bc930fb5e60be136ac573ec22b2723c.jpg)
Service Tax
![Service Tax – Orissa High Court: When multiple assessment orders exist for the same period, the one addressing the merits prevails over an ex-parte order[Order attached]](https://www.taxrealtime.in/images/posts/872b014249359e4fad5a81f8cdb98af1.jpg)
![Service Tax – Supreme Court: No Service tax payable on the interchange fee by the issuing bank, as being paid on the MDR by the acquiring bank – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202412091408240_F_246476981_NNiVBwm7cuPRf1HFCVYME1huTaJNYD2m.jpg)
![Service Tax – Cestat Chandigarh: Services of business promotion/ support and marketing service do not qualify as intermediary service as Appellant provides the main services to its client and not directly to the customers of its client - Place of provision service shall be the location of the recipient of service which is outside India and shall qualify as export of service – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202407011048240_F_71324534_8DWPYoZYoGq1YIzb17hXmuTYfmEL1EFz.jpg)
![Service Tax – Cestat Kolkata: Services to SEZ being provided prior to issue of the exemption notification, refund is not allowed – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202407011045240_F_239174700_aDShhFzbzA0BlsDlsvX9djDd4UMpMjgm.jpeg)
![Service Tax – Cestat Ahmedabad: Banking charges were deducted by Indian Bank on remitting the proceeds from foreign buyer by the foreign bank - The dealing of banking activity is strictly between the foreign bank and Indian bank; Indian bank is liable to pay service tax not the assessee under reverse charge – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202407011041Capture1.JPG)
![Service Tax – Cestat New Delhi: Circular dated 28.10.2022 specifically clarifies pre-deposit payment method for cases pertaining to Central Excise and Finance Act, 1994 - Deposit made by the appellant towards pre-deposit under Section 35 of Central Excise by way of DRC-03 cannot be accepted – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202407011038Excise.jpeg)
![Service Tax – Cestat Ahmedabad: Services of sales promotion of goods provided to the recipients located outside India is clearly covered under export of service – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202407011035Capture3.JPG)
![Service Tax – Cestat New Delhi: In the absence of a "provider" or "consideration‟, corporate guarantee extended for associate enterprises without consideration is not taxable; Margin retained for booking the space of cargo in the Airlines/ Ships for importer/exporter cannot be called a service, neither can the profit earned from such business be termed consideration for service - Revenue appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202406081453Capture3.JPG)
![Service Tax – Cestat Allahabad: When the Service tax could be recovered as an arrear under CGST Act, then pre-deposit made through DRC-03 has to be treated as sufficient compliance, in view of the subsequent Instruction dated 18.04.23 – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202406081452Capture1.JPG)
![Service Tax – Cestat Chandigarh: It is a settled principle of law that service tax can be levied only when there is a clear identification of service provider, service recipient and consideration paid for the same - In the absence of any such evidence of the service recipient and the service provided, Service tax cannot be demanded and confirmed – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202405271032Capture.JPG)
![Service Tax – Cestat Kolkata: Amount deposited during investigation and/or pending litigation is ipso-factor pre-deposit and interest is payable on such amount from the date of deposit till the date of refund- interest @12% allowed on 7.5% of amount paid under protest – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202405091012240_F_403389041_YWs68fFzVGLj3qSVXYepyF8sIjvhRQ6q.jpg)
![Service Tax – Cestat Chennai: Interest liability would not arise when the assessee had merely availed credit and had reversed the same before utilizing the availed credit for remittance of duty – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202405091010240_F_241451972_vcsHACvlkAp7pdzkzyWcynSHmymwCKkx.jpg)
![Service Tax – Cestat Chennai: Service tax liability can be adjusted on the subsequent supplementary invoice raised against the excess service tax paid on the original supplementary invoices which were not paid by their customer – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202405091009Capture1.JPG)
![Service Tax – Cestat Bangalore: Wrongly availed credit can be reversed only if the proportionate credit is paid along with interest; Contending that interest is not liable to be paid since sufficient balance was available in their account is not proper – Revenue appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202405091002240_F_417519368_1jLPtj2LxRDrCr7mmvpA7GZytGBS6B8y.jpg)
![Service Tax – Cestat New Delhi: Ignorance by the authorities of the bifurcation of aviation income shown in balance sheet and without any evidence placed against the confirmed service tax demand towards rendering the chartering activity of supplying of tangible goods is not proper – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202405090952240_F_336205687_IEOiymwQ2Nzbk26TFG4KRFNESdeAEiRN.jpg)
![Service Tax – Cestat Chandigarh: Marketing services rendered to the overseas entity i.e. M/s Microsoft, Singapore qualifies to be exports and are not liable to Service Tax – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202405090944240_F_407007189_lgADRK5bBnXYhSSvCGJC0pUxiIIaGaDs.jpg)
![Service Tax – Cestat Chandigarh: Though, the services are performed in India, the beneficiary of the services is abroad and the payment for the same is coming to the appellants along with the reimbursed expenses, the services qualify to be export of services – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202404301059Capture.JPG)
![Service Tax – Cestat Chandigarh: Providing infrastructure and administrative facilities to the visiting doctors to render treatment and healthcare services to the patients who come to the appellant's hospital for medical treatment doesn’t fall under the category of “Business Support Services” – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202404301058Capture3.JPG)
![Service Tax – Cestat Ahmedabad: Construction activity pertaining to construction of drainage pipeline for Rajkot Municipal Corporation is also not leviable to tax as same is not in the nature of commercial activity – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202404301057Capture1.JPG)
![Service Tax – Cestat Ahmedabad: Corporate Guarantee by the Appellant is merely an act of providing an instrument for securing loans and not even fundamentally connected to the services as described under Business Support services - No merit in demanding tax – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202404301056Capture1.JPG)
![Service Tax – Cestat New Delhi: Judicial decision is ‘not acceptable’ is an objectionable phrase and the Commissioner (Appeals) is bound to follow the order of the Tribunal when it was not stayed, suspended or set aside by a higher court – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202404301045Capture.JPG)
![Service Tax – Cestat Chennai: Service tax is not payable on liquidated damages, the issue has already addressed in many judgments and settled in favour of the taxpayer – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202403281012Capture1.JPG)
![Service Tax – Cestat Kolkata: Syllabus of the courses offered by the Appellant are prescribed by the universities in consultation with the appellant institute and examinations are also conducted by the universities which thereafter issues certificate/degree/diploma to successful candidates - Thus, appellant institute is an educational institute and are outside the ambit of 'commercial training or coaching services – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202403281011Capture3.JPG)
![Service Tax – Cestat New Delhi: Since the appellant is the creature of statute and is discharging a public function without any profit motive, cannot be made liable to tax not even under RCM for receiving legal consultancy services – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202403221151Capture1.JPG)
![Service Tax – Cestat Allahabad: Once the buyer cancelled the booking and the consideration for service was returned, the service contract got terminated and Department can't keep the Service tax with them – Refund claim is not time barred - Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202403172313240_F_76979665_zhth5I5XdCg1Fs6KXb8ppdIcHDTOuwmk.jpg)
![Service Tax – Cestat New Delhi: Incentives are not to be construed as “consideration‟ - No service tax can be levied on incentives received as it is a form of profit earned by the appellant as a result of a trading activity – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202403172307Capture.JPG)
![Service Tax – Cestat Ahmedabad: Activities undertaken as mandatory or statutory functions by public authorities under the provisions of any law does not constitute any taxable service and that any fee or amount collected, in such case, is not to be treated as consideration for the purpose of levy of service tax – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202403111818Capture3.JPG)
![Service Tax – Cestat New Delhi: The Appellant had made payments to stock exchanges on behalf of their clients who delayed the payments against their transactions of securities and the appellant charged the same from the said clients, which cannot be termed as consideration for the service rendered –Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202403111817Capture.JPG)
![Service Tax – Cestat Hyderabad: Free supply of material, if any, from the service receiver cannot be added to the gross turnover of the Appellant, as held by the Apex Court – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202403111805Capture1.JPG)
![Service Tax – Cestat Ahmedabad: Value of free supplies of accommodation, travelling and foods expenses would not warrant inclusion while arriving at the gross amount charged on its Service tax is to be paid – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202403010614Capture1.JPG)
![Service Tax – Cestat Hyderabad: Demand of Service tax cannot be confirmed merely on the basis of figures reflected in other statutory records- Department is under obligation to prove the service have rendered – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202403010604240_F_507825032_dnTexiOy603F5DpcO5wli9FXvMn1OcPR.jpg)
![Service Tax – Cestat Ahmedabad: Issue of non-payment of tax on software services - Held that non-payment of tax under reverse charge on software services received from abroad is a revenue neutral situation as Applicant is eligible for ITC – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202402252004Capture3.JPG)
![Service Tax – Cestat Chennai: Payment of Royalty, FDT and other applicable taxes/charges by the buyers of the iron ores to the Monitoring Committee, as per the price of iron ore purchased in auction, would not be subject to Service Tax – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202402112132Capture1.JPG)
![Service Tax – Cestat Ahmedabad: TDS deposited which is over and above the invoice value cannot be charged to service tax as the TDS is not part of the invoice value – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202402112130Capture3.JPG)
![Service Tax – Cestat Ahmedabad: Service tax is payable in respect of cleaning services provided to railways - Appellant granted benefit of cum tax – Appeals partly allowed [Order attached]](https://www.taxrealtime.in/images/posts/202402112125Capture1.JPG)
![Service Tax – Cestat Chennai: Appellant is one who has been availing of legal and consultative advice in various matters and have not shown that they were in receipt of contrary advice not to pay tax under RCM or sought clarification from the department - Demand upheld covering the extended period of penalty – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202402112118images3.jpeg)
![Service Tax – Cestat Chennai: Services on which no Service tax is leviable under the Act is also included under the exempted services - Since no service tax is leviable on the works contract service rendered to Airport project, these services have been rightly considered as exempted services by the Department, this reversal of credit is required – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202402112108Cenvat2.jpeg)
![Service Tax – Cestat Chennai: Service tax demand on incentives which are purely on the basis of sales and not for providing service of promoting is not sustainable; No Service tax on advance amount forfeited on cancellation of booking – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202402112104Capture3.JPG)
![Service Tax – Cestat Ahmedabad: Service of Erection, Commissioning and Installation in relation to transmission of electricity is not leviable to service tax – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202402112024Capture.JPG)
![Service Tax – Cestat Bangalore: Credit of Service tax paid on the premium paid by the appellant on Insurance of gold has to be considered as input service – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202402112018Cenvat.jpeg)
![Service Tax – Cestat Chandigarh: Cenvat credit on invoice beyond one year cannot be denied only because it has been utilized late; and cannot be denied for the reason that such availment was not reflected in ST-3 Returns – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202402032136Cenvat2.jpeg)
![Service Tax – Cestat Mumbai: Revenue appeal dismissed as demand is purely on the basis of difference between ST-3 return and Income Tax returns, without any further examination – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202402032132Capture1.JPG)
![Service Tax – Cestat Chandigarh: Amount of TDS paid is not includable in the gross value for the purpose of payment of Service tax – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202402012133Capture3.JPG)
![Service Tax – Cestat Allahabad: Income reflected in the Balance Sheet is for Income Tax purposes, which cannot be used to determine the Service Tax liability [Order attached]](https://www.taxrealtime.in/images/posts/202402012133Capture.JPG)
![Service Tax – Cestat New Delhi: Once the return was filed, the responsibility lies with the Department to examine/ scrutinize the returns in a timely manner - Since no evidence were brought on record to show that the appellant had suppressed any material fact, demand is set aside – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202402012130Capture3.JPG)
![Service Tax – Cestat Chennai: TDS deposited to the Income Tax Department in relation to the payment made to the foreign service provider over and above the invoice value of the services, is not liable to service tax – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202402012119Capture1.JPG)
![Service Tax – Cestat Ahmedabad: CENVAT Credit is available on goods related to supply and installation of Telecom tower – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202401231208Cenvat.jpeg)
![Service Tax – Cestat Ahmedabad: Extended period of limitation is not inviolable as bona fide belief stands that all the transactions related to the said disputed taxable value has been disclosed by the appellant in their books of account, profit & loss account and in Balance Sheet – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202401231207240_F_499270169_uoZx0MCq1AlBrfBblFUFQP4d713LMbfE.jpg)
![Service Tax – Cestat Allahabad: Whatever tax was payable the assesee can take cenvat credit; Since it is a case of revenue neutrality demand of tax, interest and penalty is not imposable – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202401231206images3.jpeg)
![Service Tax – Cestat Allahabad: Place of provision of service of intermediary service was location of service provider which is in USA and UK; Since the both the service provider and service recipient were located in non-taxable area, service tax demand is not sustainable – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202401231202Intermediary.jpeg)
![Service Tax – Cestat New Delhi: Relevant Date in case of duty refundable consequent to any judgement or decree, but also to any order or direction would be date of such order and not from the date of payment of tax – Appeals allowed [Order attached]](https://www.taxrealtime.in/images/posts/202401231201240_F_398103680_DH4WMDJy2ik9inykPatYfHSk6W5CRL3U.jpg)
![Service Tax – Cestat Allahabad: Ocean frieght for goods imported under C.I.F contracts are not taxable under Service Tax – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202401161213Capture1.JPG)
![Service Tax – Cestat Chandigarh: Substantive benefit of CENVAT credit cannot be denied just because the documents are not proper; Appellants being PSU, no mala fide intention can be attributed – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202401161209Capture1.JPG)
![Service Tax – Cestat Chennai: Once no service was rendered by the appellant in USA, which is exigible to tax under the Finance Act, all charges under the said Act against the appellant must fail- demand, interest or penalties cannot sustain – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202401161204Capture.JPG)
![Service Tax – Cestat Chennai: Right to use of oil fields (natural resources) provided by the Government of Tamil Nadu to M/s. ONGC does not fit into the definition of consideration and demand of Service tax cannot sustain – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202401121846Capture.JPG)
![Service Tax – Cestat New Delhi: Supreme Court held that the word "collected" can only refer to cases where a person collects an amount from another with an intention to retain the said amount - Taxes collected by Assessee were remitted to Hotel, hence no Service tax payable - Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202401121844Capture3.JPG)
![Service Tax – Cestat Chennai: There is no service provider and service recipient relationship in the joint venture and the amounts in the nature of profit petroleum/cost petroleum/ cash calls are not consideration for services – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202401121833Capture1.JPG)
![Service Tax – Cestat New Delhi: Photocopies of invoices are not valid documents to allow CENVAT credit [Order attached]](https://www.taxrealtime.in/images/posts/202401121817Cenvat.jpeg)
![Service Tax – Cestat Chennai: Even if the appellant paid tax on GTA services, they would be eligible for availing cenvat credit - Situation being revenue-neutral, extended period cannot be invoked [Order attached]](https://www.taxrealtime.in/images/posts/2024011218141.png)
![Service Tax – Cestat Allahabad: Even if diesel is considered to be free of cost supplied by the service recipient to the service provider, no service tax can be levied - Diesel cannot be considered as an input for the provision of the service – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202401121810Capture.JPG)
![Service Tax – Cestat Kolkata: Maintenance and Repair services provided to Nepal client can not be treated as export of service as the Nepali currency is not termed as “Convertible Foreign Exchange" - As the Service tax is not separately collected, the benefit of cum-tax should be granted - Penalties set aside – Appeal partly allowed [Order attached]](https://www.taxrealtime.in/images/posts/202401111243Capture.JPG)
![Service Tax – Cestat Allahabad: Without initiating the proceedings in terms of Rule 14 of CENVAT Credit Rules, CENVAT credit cannot be denied during the refund proceedings – Cash refund allowed in terms of Section 142 of the CGST Act – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202401072154240_F_76979665_zhth5I5XdCg1Fs6KXb8ppdIcHDTOuwmk.jpg)
![Service Tax – Cestat Kolkata: Appeal filed after more than 43 months, 40 months and 37 months, way beyond the condonable period of three months - There is no power vested with the Tribunal, High Court and Supreme Court to condone this delay of more than 30 / 90 days occurring before the Commissioner (Appeals) – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202312291206Capture1.JPG)
![Service Tax – Cestat Mumbai: Statutory limitation periods are not applicable to amounts paid under mistake of law since the service tax invoice itself is cancelled, so there was no appropriation of the amount as tax - Refund allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312291204240_F_76979665_zhth5I5XdCg1Fs6KXb8ppdIcHDTOuwmk.jpg)
![Service Tax – Cestat New Delhi: There is no scope for passing on the burden of any service tax at the stage when no service tax was paid on submitting the bids to the clients- the clause of unjust enrichment would not apply and no basis remains for rejecting the refund claim or crediting it to the Consumer Welfare Fund – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312291142Capture3.JPG)
![Service Tax – Cestat New Delhi: ‘Services relating to transmission of electricity’ also include the services of installation of transmission towers for electricity and no service tax is payable – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312280940Capture.JPG)
![Service Tax – Cestat New Delhi: As the activity rendered by the appellant involves the element of goods i.e. wooden crates as well as the element of service i.e. the packing activity, it shall be called as Works Contract Service - Eligible for abatement under Notification No. 30/2012 – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312242040Capture.JPG)
![Service Tax – Cestat Ahmedabad: service tax cannot be demanded twice even though the person who is liable to pay the service tax has not discharged the service tax but some other person has discharged the service tax on the same service – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312220713Capture.JPG)
![Service Tax – Cestat Chennai: Demand of Service tax on ocean freight/ air freight or the mark-up on the above received by the appellant cannot be subject to levy of Service Tax – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312162233Capture1.JPG)
![Service Tax – Cestat Chennai: If the activities of “clearing‟ and “forwarding‟ is rendered by same person and by separate agreements, the freight forwarding is to be included in the taxable value for C & F service – Appeal partly allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312162218Capture.JPG)
![Service Tax – Cestat Hyderabad: Appellants have incurred charges towards Consultancy for Provident Fund, ROC filing, CMA data preparation, RTA charges, etc., which have not been received from individual Advocate or a firm of Advocates, thus, these services do not fall under RCM – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312162210Capture1.JPG)
![Service Tax – Cestat Ahmedabad: Software supplied (preloaded) in a medium like hardware cannot be treated as provision of service; supply would amount to sale of goods – Service tax cannot be demanded – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312082226Capture1.JPG)
![Service Tax – Cestat Ahmedabad: Software loaded on a medium like USB/CD/Hard Drive etc. is goods and not a services - Demand not sustainable – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312082210Capture.JPG)
![Service Tax – Cestat Kolkata: International roaming services would not fall within the ambit of 'Telegraphy Authority' - Payment of roaming charges made to FTOs for providing connectivity services to Appellant's subscribers when they are abroad is not leviable to Service tax – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312041037Capture.JPG)
![Service Tax – Cestat Hyderabad: Reimbursable expenses cannot be included in the gross value for the purpose of levy of service tax as Rule 5 has been held to be ultra virus, and as such provision is no longer applicable – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312041032240_F_145472374_MDI0t9WpWFONpfPLSTAkscv73n2xwQ38.jpg)
![Service Tax – Cestat Chennai: Commission received for procuring export orders from buyers by appellant as per the direction of the foreign client, and for which remuneration is computed on basis of FOB value of the garments exported is not classifiable under ‘intermediary’ service – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202311261230Intermediary.jpeg)
![Service Tax – Cestat Chennai: Activity of quarrying/ earth work excavating of sand / wet sand and loading in the lorries/ tippers of the consumer are covered under the taxable service - The benefit of Notification will not be available as the taxable service is not provided by the appellant to Government, a local authority or a governmental authority nor are the principal activities meant for construction of roads etc. – Appeal disposed [Order attached]](https://www.taxrealtime.in/images/posts/202311252141Capture.JPG)
![Service Tax – Cestat Kolkata: The limitation prescribed under section 11B of the Excise Act would not be applicable if an amount is paid under a mistaken - Provisions of “Unjust Enrichment‟ also not being applicable in respect of such refund cases – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202311191107240_F_76979665_zhth5I5XdCg1Fs6KXb8ppdIcHDTOuwmk.jpg)
![Service Tax – Cestat Ahmedabad: Water front royalty is being charged as per provisions of the Maritime Board Act, 1981 - Maritime board is collecting the water front royalty as a statutory levy provided by Maritime Board Act, 1981, on behalf of State of Gujarat, thus Service tax liability would not arise – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202311092303Capture1.JPG)
![Service Tax – Cestat Ahmedabad: Export of educational books to the subsidiary company - Merely clearing the goods in USA and forwarding the same to the Customers of the Appellant by the subsidiary is held to be consignment agent rather than commission agent-not taxable service under “Business Auxiliary Services‟ – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202311092257Capture.JPG)
![Service Tax – Cestat Hyderabad: APMSIDC is a Governmental authority and cannot be considered as business entity, which intrinsically involves profit motive - Not be required to pay any service tax under reverse charge basis on WCS – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/default.png)
![Service Tax – Cestat Chandigarh: Once the duty of tax payment have been discharged by the principal on behalf of its agents then there is no loss to the revenue of the Government, the question as to who has paid the same, remains a procedural issue and thereto, an empty one – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202311031405Capture.JPG)
![Service Tax – Cestat New Delhi: Service tax is always exempted for the services provided to developers and units in SEZ; therefore the exemption notification itself is redundant - Any amount paid as service tax whether directly or indirectly, by the service provider or ISD, is considered a deposit and should be refunded – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202310312247240_F_239174700_aDShhFzbzA0BlsDlsvX9djDd4UMpMjgm.jpeg)
![Service Tax – Cestat New Delhi: Relevant date for reckoning the limitation under section 73 in cases where no return is filed by the due date is the due date for filing the return and there is no provision for changing this relevant date even if the assessee files a return after the due date – Appeal partly allowed [Order attached]](https://www.taxrealtime.in/images/posts/202310312244images2.jpeg)
![Service Tax – Cestat Chennai: Cenvat credit cannot be disallowed alleging that the invoices bear the name of the vehicle owner, and not the assessee, as the invoice should be considered only as a procedural infraction and should not be used to deny the credit – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202310291208Cenvat.jpeg)
![Service Tax – Jharkhand High Court: Enough opportunities were provided to the petitioner by issuing SCN and also fixing date of personal hearing for four times; but the petitioner did not respond to either of them - Non-fulfillment of natural justice is not valid – Writ petition dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202310242302240_F_507825032_dnTexiOy603F5DpcO5wli9FXvMn1OcPR.jpg)
![Service Tax – Cestat Chennai: Cenvat credit cannot be denied on the ground that premises is not registered; No requirement to reverse the credit again for the mere reason that the refund has not been sanctioned in cash – Revenue appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202310242249Capture1.JPG)
![Service Tax – Cestat Chennai: Providing cellular / mobile services to a subscriber during ‘international outbound roaming’ relates to telecommunication service not exigible to service tax at the hands of the appellant under RCM as the service is provided by not a ‘telegraph authority’ – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202310242217Capture3.JPG)
![Service Tax - Cestat Chennai: Refund of service tax paid on residential complex for personal use, as the incidence of tax is borne by the appellant the denial refund were without any basis - Refund allowed - Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202310242210Capture.JPG)
![Service Tax – Cestat Chandigarh: CHAS are acting as pure agent and the debit note containing all details can be considered as invoice; Refund can be allowed on service tax paid on invoices of service providers for Custom House Agent services, Export Commission paid to foreign Agent, Transport of Goods by road and rail – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202310230006ST.jpeg)
![Service Tax – Cestat Chandigarh: Transaction charges payable by the stock brokers in terms of the regulations issued by SEBI are in the nature of consideration towards the taxable service, and these are not any fee or statutory levy – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202310230005Capture1.JPG)
![Service Tax – Cestat Bangalore: Service Tax on mobilization of advances received is to be payable on completion of the service since they are only to be taken as loans and it became part of the consideration as and when the invoices were raised - Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202310230002Capture.JPG)
![Service Tax – Cestat Bangalore: Basis the ‘Doctrine of Mutuality of Interest’, advance admissions/enrollment fees collected from society members is not taxable – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202310222039Capture3.JPG)
![Service Tax – Cestat New Delhi: The appellant being an autonomous body though under the Government of India but providing services of technical inspection and certification against consideration is liable to tax, the same cannot take the garb of sovereign/statutory function – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202310082020Capture1.JPG)
![Service Tax – Cesta Chennai: All taxable services provided for the transmission and distribution of electrical energy are exempt from the liability to Service tax – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202309271026Capture1.JPG)
![Service Tax – Cestat Chennai: Taxes on land and building being an interpretational issue, appellant is eligible for waiver of of penalties – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202309271024Capture1.JPG)
![Service Tax – Cestat Ahmedabad: Appellant happen to be a charitable trust and held a belief that they are not a "Commercial‟ Training or Coaching Centre and therefore, did not discharge the service tax, hence invoking extended period of limitation is not justified – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202309271019240_F_442227614_tx9D53R9eIRfBP7b4iosnzwMVIL2kwCF.jpg)
![Service Tax – Cestat Ahmedabad: Any amount provided by Gujarat Maritime Board, the appellant herein, is a State levy and a statutory levy and proceeds of such levy are credited to the Consolidated Treasury Fund of State of Gujarat - No Service tax liability on statutory levy – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202309271017Capture.JPG)
![Service Tax – Cestat Ahmedabad: Imported software, customized and sold/cleared along with DSC is not for supply of software as that of a ‘service’, but it is sale of the customized software on a CD as part of the DCS; the same should be considered as ‘excisable goods’ and not as ‘service’– Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202309271009Capture1.JPG)
![Service Tax – Cestat Ahmedabad: Merely by mention of commission or any other term, whereby the deduction was given in the sale invoice, the same cannot be treated as commission for the purpose of levy of Service Tax – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202309271007Capture1.JPG)
Custom
![Customs – Cestat Ahmedabad: If the duty free goods brought into SEZ are destroyed, the duty involved on such destroyed goods can be remitted under the Customs Act – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202404301050download2.jpeg)
![Customs – Cestat Ahmedabad: The amount of refund and interest once paid voluntarily by appellant is self-appropriation, and thus is clearly on account of erroneous refund which was accepted by the party obviating any necessity of further show cause notice – Appeal rejected [Order attached]](https://www.taxrealtime.in/images/posts/202403281044240_F_76979665_zhth5I5XdCg1Fs6KXb8ppdIcHDTOuwmk.jpg)
![Customs – Cestat Chennai: It is the settled position of law that acceptance of Bill of Entry is considered as self-assessment, the importer if aggrieved by the same, has to seek for modification / rectification / re-assessment, rather, the appellant chose to seek directly the refund – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202403281014download2.jpeg)
![Customs – Cestat New Delhi: Mistake can be been rectified at the first available opportunity, and therefore there is no error in allowing the amendment of Bill of Entry under section 149 - Amendment of Bill of Entry allowed from Customs Tariff Heading from 25 to 28 – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202403111820CTH.jpeg)
![Customs – Cestat Bangalore: Unless and until the importer proves that incidence of duty has not been passed on to the buyer, the question of refund does not arise; Since Chennai Port Trust had reimbursement of duty to the appellant, the duty burden was passed on to the buyer – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202402112123GST return filing dates.jpg)
![Customs – Filing of Bills of Entry (BE) would not be available from 11:00 hours onwards on 01.02.2024 till the completion of updation of all changes in ICES [Advisory attached]](https://www.taxrealtime.in/images/posts/202401231203download.jpeg)
![Customs - Clarification issued regarding Import Policy Provisions for Laptops, Tablets, All-in-one Personal Computers and Ultra Small Form Factor Computers, Servers under HSN 8471 [Policy Circular attached]](https://www.taxrealtime.in/images/posts/202401161211download2.jpeg)
![Customs – Advisory issued for E-scrip to avail Export Incentive Schemes (RoSCTL, RoDTEP) [Advisory attached]](https://www.taxrealtime.in/images/posts/202401121811download.jpeg)
![Customs – Andhra Pradesh High Court: SEZ units are not exempted from payment of GST compensation cess as the phrase ‘duty of customs’ used in Section 26(1)(a) of SEZ Act only refers to duty leviable under Customs Act but does not include cess under GST Compensation Act – Writ petition dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202401072147240_F_239174700_aDShhFzbzA0BlsDlsvX9djDd4UMpMjgm.jpeg)
![Customs – CGFT amended FTP Policy and inserted import of used IT asset from SEZ to DTA [Notification attached]](https://www.taxrealtime.in/images/posts/202401051830240_F_502271958_GEw1c61Zo8yKYxpdTYjD641ZigZfD3Ub.jpeg)
![Customs – Allahabad High Court: Department is not entitled to charge any demurrage charge from the goods so detained by the custom authorities - Petitioner granted relief to clear off the goods without payment of demurrage charges – Appeal disposed [Order attached]](https://www.taxrealtime.in/images/posts/202401031745download.jpeg)
![Customs – Trade Notice issued extending date for mandatory electronic filing of Non-Preferential Certificate of Origin (CoO) through the Common Digital Platform till 31st December 2024 [Trade Notice attached]](https://www.taxrealtime.in/images/posts/202312280951download.jpeg)
![Customs – New Delhi High Court: “Echo Family Devices” classifiable under CTH 8517 and more particularly under Tariff Entry 8517 62 90 - Eligible for exemption – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312242046images.jpeg)
![Customs – New Delhi High Court: Issue on jurisdiction to adjudicate payment of Drawback recovered by the Revenue - Held that Order passed by a Court, which does not have the subject matter jurisdiction to adjudicate the issue, would be a nullity - Firm should not be left remediless, thus granted opportunity to prefer a revision [Order attached]](https://www.taxrealtime.in/images/posts/202312242039download.jpeg)
![Customs – New Delhi High Court: Respondents have failed to conclude the assessment proceedings despite more than seven years pending DRI verification of COO certificate, as it is evident that COO Certificate verification had been shared with the field authorities way back in 2016 - Petitioner entitled to refund of BG and other monies retained and also interest @6% p,a – Writ petition allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312220735240_F_76979665_zhth5I5XdCg1Fs6KXb8ppdIcHDTOuwmk.jpg)
![Customs –.Cestat New Delhi: Since no appeal has been filed, the order of the Tribunal has attained finality - Refund can be claimed on Bills of Entry amended under Section 149 of the Customs Act, 1962 – Department’s Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202312182301download2.jpeg)
![Customs – Cestat Ahmedabad: Refund of duty paid twice on account of technical glitch - Held that refund allowed as lack of diligence is not indicated on the face of record – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312162227download.jpeg)
![Customs – CBIC issued notification regarding the Amnesty Scheme - Pendency of any application for relaxation/clarification would not form a ground for relief/extension of permissible time period for filing of applications under the Amnesty Scheme beyond the prescribed date [Trade Notice attached]](https://www.taxrealtime.in/images/posts/202312082224download2.jpeg)
![Excise – Cestat Mumbai: The issue pertaining to leviability of interest on finalization of provisional assessment, in all cases pertaining to clearances prior to 2001, has been set at rest by the CBIC in the Circular – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312082209images.jpeg)
![Customs – Cestat Ahmedabad: Value enhancement on the basis of data gathered from the website of Zuaba is not correct and legal, as the authenticity of the platform has not been established and is not approved by any government agency and the same is a private platform – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312041049download.jpeg)
![Customs – Cestat Bangalore: With effect from 13-7-2006 only interest is payable on difference between finally assessed duty and provisionally assessed duty – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312041045240_F_178695515_NLmThNAbEkfOABnvyWQASpKMf8jp83WL.jpg)
![Customs – Customs officer can now amend GSTIN for a Bill of Entry after OOC, provided the PAN no. remains the same [Advisory attached]](https://www.taxrealtime.in/images/posts/202311102208images2.jpeg)
![Customs – CBIC has provided the monetary limits for filing appeals by the Department before CESTAT, High Courts and Supreme Court [Instruction attached]](https://www.taxrealtime.in/images/posts/202311092305download.jpeg)
![Customs – New Delhi High Court: Pre-notice consultation stands incorporated only in first Proviso to Section 28, , is specific to that section and differs from Section 124, which lack pre-consultation principles – Writ petition dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202310291210download.jpeg)
![Customs – Cestat Ahmedabad: Like an exemption notification can be granted at any stage, even the export benefit can be allowed by amendment without any limitation of 3 months as has been struck down from board’s Circular No. 36/2010 (ibid) - Directed to convert DFIA Shipping Bills to Drawback Shipping Bills – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202310242257download.jpeg)
![Customs – DGFT has introduced an automated system for issuing Status Holder Certificates (SHC) to exporters [Trade notice attached]](https://www.taxrealtime.in/images/posts/202310242214download2.jpeg)
![Customs – DGFT Introduces Automatic System for Status Holder Certificate Issuance [Public notice attached]](https://www.taxrealtime.in/images/posts/202310242212download.jpeg)
![Customs – Handbook of Procedures has been amended to permit availment of Input Tax Credit on GST paid material, in respect of Advance Authorization Scheme [Public Notice attached]](https://www.taxrealtime.in/images/posts/202310230008images.jpeg)
![Customs – CBIC extended the currently applicable export duty of 20% on Parboiled rice up to 31.03.2024 [Notification attached]](https://www.taxrealtime.in/images/posts/202310222354download2.jpeg)
![Customs – Cestat Ahmedabad: Imported Nutritional Supplements which are preparations of substances such as Creatine, Nitrates, Glutamine and Amino Acids and which are classifiable under CTSH2106 9099, liable to IGST @ 18% – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202310222034download.jpeg)
![Customs – Cestat Chennai: Rejecting the refund claim simply on the ground of delay in filing the claim while admitting that the original claim was filed before wrong jurisdiction, cannot be approved- refund sanctioned – Revenue Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202310082018240_F_76979665_zhth5I5XdCg1Fs6KXb8ppdIcHDTOuwmk.jpg)
![Customs – New Delhi High Court: Issue of delay in adjudication of SCN over 8 years - Held that deferring the adjudication of the impugned show cause notice on account of the Call Book procedure is not justified and hence SCN now cannot be adjudicated – Writ petition allowed [Order attached]](https://www.taxrealtime.in/images/posts/202310061214images2.jpeg)
![Customs – New Delhi High Court: Importing goods without discharging BCD and on payment of additional duty under Section 3 of the Tariff Act it cannot be said to be the goods were imported “duty free” and claim of duty drawback cannot be rejected - As long as goods have suffered a “tax” or “duty” at the time of import, the claim for drawback at the stage of export would be available - Respondents are directed to pay interest – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202310031103images.jpeg)
![Customs – Cestat Ahmedabad: The jurisdictional High Court’s order has neither been set-aside nor stayed by the Hon’ble Apex Court and hence the Hon’ble Gujarat High Court’s order as of today holds good – No export duty on iron and steel products - Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202310031052images.jpeg)
![Customs – Extended Exemption of deposits from the provision of Section 51 A of Customs Act, 1962 till 1st December 2023 [Notification attached]](https://www.taxrealtime.in/images/posts/202310031046images.jpeg)
![Customs – CBIC extended the exemption on deposits into ECL till 30th November 2023 [Notification attached]](https://www.taxrealtime.in/images/posts/202310031045download.jpeg)
![Customs – Trade Notice is issued in reference to pre-import condition under Advance Authorisation Scheme [Trade notice attached]](https://www.taxrealtime.in/images/posts/202309271005download.jpeg)
![Custom – Cestat Chennai: Finalization of Bill of entry has happened after 15 years of provisional assessment which, is extremely inordinate delay and department has also not been able to put forward cogent evidence to reject the transaction value – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202309242304download2.jpeg)
![Customs – Cestat Ahmedabad: Stipulation of one time availment of EPCG Scheme at the time of exit cannot be read as permitting availment of EPCG Scheme under Rule 34 of SEZ Rules – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202309242302images.jpeg)
![Customs – Cestat Ahmedabad: In the clear provision under Section 27 A and the landmark judgment of Hon’ble Supreme Court in the case of Ranbaxy Laboratories Ltd, the appellant is entitled for interest from the date of original application till the date of grant of refund – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202309242258240_F_241451972_vcsHACvlkAp7pdzkzyWcynSHmymwCKkx.jpg)
![Customs - Format for ex-bond Shipping Bill has been developed on ICES for processing of export of warehoused goods from a bonded warehouse [Circular attached]](https://www.taxrealtime.in/images/posts/202309242241download.jpeg)
![Customs - Cestat Chennai: Post-importation expenses incurred by the appellant, related to the direct and indirect cost of marketing the imported goods, should be deducted from the transaction value while arriving at the deductive value of the goods - Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202309191006download.jpeg)
![Customs – Cestat Chandigarh: Refund was granted within 3 months of finalization of bill of entries as prescribed under Section 18 (4) of the Act, appellant is not entitled to any interest on delayed refund in view of the statutory provisions – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202309190954240_F_241451972_vcsHACvlkAp7pdzkzyWcynSHmymwCKkx.jpg)
![Custom – New Delhi High Court: Department for almost a period of 17 months slept over the matter despite the specific mandate of even the unamended Section 28(9) of the Customs Act that the duty shall be levied within a period of 12 months from the date of issuance of the notice – SCN is lapsed - Writ petition allowed [Order attached]](https://www.taxrealtime.in/images/posts/202309101759images3.jpeg)
![Customs – Cestat Kolkata: Penalty would meet the ends of justice as the appellant did not take any steps to verify the genuineness of the exporting firm which have facilitated the entry of the offending red sander wood logs into the port area, for purpose of export to a third country – Appeal disposed [Order attached]](https://www.taxrealtime.in/images/posts/202309101724download.jpeg)
![Customs – CBIC issued notification to exempt LPG, Liquified Propane and Liquified Butane from levy of AIDC [Notification attached]](https://www.taxrealtime.in/images/posts/202309101443download.jpeg)
![Customs – DGFT issued final notice for on-boarding on the DGFT Common digital platform for mandatory electronic filing of Non-Preferential Certificate of Origin (CoO) upto 31“t August 2023 [Trade Notice attached]](https://www.taxrealtime.in/images/posts/202308211018download.jpeg)
![Customs – Cestat New Delhi: Snow goggles are meant for protection of eyes in snowy region and not protection of eyes from sunlight which is the purpose of sun glasses and classifiable under 900490 ‘Other’ [Order attached]](https://www.taxrealtime.in/images/posts/202308132219download.jpg)
![Customs – CBIC has issued circular on Expansion of automatic LEO facility in ECCS [Circular attached]](https://www.taxrealtime.in/images/posts/202308051203download.jpeg)
![Customs – DGFT implements the Advance Authorisation Scheme, allows duty-free import of inputs for export purposes - A user-friendly and searchable database is created of Ad-hoc Norms fixed in the previous years which does not require Norms Committee review [Press Release attached]](https://www.taxrealtime.in/images/posts/202307200958download.jpeg)
![Customs – Bombay High Court: Almost about 13 years having lapsed after the order, the Respondents are yet to pass a final assessment order - Respondents are directed to proceed to pass a final assessment order, however, without levy of any interest on the assessment – Writ petition disposed [Order attached]](https://www.taxrealtime.in/images/posts/202307061459download.jpeg)
![Customs – Cestat Ahmedabad: For the purpose of refund of SAD, one year period for filing the refund shall be taken from the date of finalization of bill of entry in a case where initially the assessment was made provisional and not from the date of payment of duty – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306271047images2.jpeg)
![Customs – Cestat Hyderabad: Merely CA Certificate per se cannot be the sole ground for proving that Appellant have not passed on the incidence of duty, if the sanctioning authority is not satisfied, he may also rely on additional documents – Remanded back [Order attached]](https://www.taxrealtime.in/images/posts/202306271043images.jpeg)
![Customs – Cestat Chennai: CHA licence was suspended on 12.06.2010 and much later, i.e., on 06.03.2013, vide the impugned Order-in-Original, the licence was revoked, which itself shows that there has been serious violation of the time-limit prescribed under Regulation – Appeal partly allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306271027download.jpeg)
![Customs – Jammu & Kashmir and Ladak High Court: As the consignment/goods have been seized at New Delhi and show cause notice has also been issued by authority at New Delhi, hence it is the courts/forums at Delhi and not at J&K Court where the petitioner can lay his claim or raise his grievances – Writ petition dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202306221358download.jpeg)
![Customs – CBIC has amended the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010 [Notification attached]](https://www.taxrealtime.in/images/posts/202306211625download.jpeg)
![Customs – Karnataka High Court: There is no dispute over installation certificate issued by the Central Excise Officers in respect to exemption claimed on import of goods - Once ADGFT has adjudicated the matter and allowed the appeal then Customs Authorities are not allowed a different stand – Writ petition allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306191702download.jpeg)
![Excise – Cestat Mumbai: To avail credit it does not require that the bill of entry should be in the name of the person claiming credit of duty, what is required is that the goods used as inputs are duty paid and the credit of duty paid on the said goods has not been taken – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306141953download.jpeg)
![Customs – Cestat Chennai: As the Respondent died during the pendency of the present appeal, the proceedings will be abated unless an application is made for continuance of such proceedings, which is not in the instant case – Revenue Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202306131651download2.jpeg)
![Customs – Gauhati High Court: Seizure of erica nuts, a notified item under Customs Act – Held that there is nothing on record, to even have a prima-facie view that the goods were of foreign origin, there is also no credible expert opinion regarding the origin of the goods - The initial burden to show that the material seized is of foreign origin lies upon the revenue authority – Revenue appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202306131414images2.jpeg)
![Customs – Madras High Court: Process of testing, repacking and re-labelling of imports would satisfy the definition of ‘manufacture’ under the Foreign Trade Policy, hence Customs Duty cannot be demanded on items imported and ultimately exported to SEZ unit – Remanded Back to reconsider [Order attached]](https://www.taxrealtime.in/images/posts/202306131337download.jpeg)
![Customs – Cestat Mumbai: Merely by sending a copy of the Order-in-Original by speed post, the department cannot be said to have discharged their liability to communicate the same to the appellant – It is required to be received to the Appellant – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306081959images2.jpeg)
![Customs – Circular issued on mandatory additional qualifiers in import/export declarations in respect of certain products w.e.f. 1.7.2023 - reg [Order attached]](https://www.taxrealtime.in/images/posts/202306081941download.jpeg)
![Customs – Circular issued Implementing Hon’ble Supreme Court Order relating to ‘pre-import condition’ - Imports that could not meet the said pre-import condition and are hence required to pay IGST and Compensation Cess along with applicable interest and much more. [Circular attached]](https://www.taxrealtime.in/images/posts/202306081939download2.jpeg)
![Customs – CBIC issued Circular on Customs procedure for import and re-export via the Customs Station at Air Cargo Complex, Bengaluru [Circular attached]](https://www.taxrealtime.in/images/posts/202306071553download.jpeg)
![Customs – New Delhi High Court: Once the concerned party has paid the redemption fine as well as the penalty as determined then no justification for the Revenue to withhold the release of the said goods merely because they seeks to challenge the order passed by the Appellate Authority – Writ petition allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306051544download.jpeg)
![Customs – Cestat Hyderabad: As refund sanctioned amount on re-assessment of excess duty was claimed as “expenditure” in Profit & Loss account, hence it has failed to recognize the refund as duty receivables in Books – Refund Cannot be presumed to have passed the test of unjust enrichment basis only CA certificate – Revenue Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306031441download2.jpeg)
![Customs – Re-organisation of National Assessment Centres and Faceless Assessment Groups is issued with effect from 15 June 2023 [Circular attached]](https://www.taxrealtime.in/images/posts/202306021504images2.jpeg)
![Customs – Introduced Online facility of requesting appointment for virtual meeting/personal hearing to the exporters from offices of DGFT [Trade notice attached]](https://www.taxrealtime.in/images/posts/202306011544download.jpeg)
![Customs – Cestat Chennai: Issue of timeline to claim refund of SAD – Held that the time limit prescribed under Section 27 would not be automatically applicable to refunds under the notification, however, the amended notification was effective on the date filing the claim, hence the importer should have filed his claim before the expiry of one year from the date of payment of the additional duty of customs - Appeal rejected [Order attached]](https://www.taxrealtime.in/images/posts/202305271851download2.jpeg)
![Customs – CBIC issued Circular on highlights of Foreign Trade Policy, 2023 (FTP)- Handbook of Procedures (HBP) [Circular attached]](https://www.taxrealtime.in/images/posts/202305271157images3.jpeg)
![Customs – CBIC has issued circular to implement the procedure under Amnesty Scheme for one time settlement of default in export obligation by Advance and EPCG authorization holders [Circular attached]](https://www.taxrealtime.in/images/posts/202305191748images2.jpeg)
![Customs – New Delhi High Court: Benefit of MEIS cannot be denied for the reasons that the petitioner had checked the box ‘N’ (for No) instead of ‘Y’ (for Yes) in the reward column – Directed to follow advisory dated 11.04.2023 to the Respondent’s and process benefit under the MEIS – Writ petition allowed [Order attached]](https://www.taxrealtime.in/images/posts/202305181731download.jpeg)
![Customs – Cestat New Delhi: If the Bank officials despite verification are not able to detect the fraudulent nature of the documents, how can one expect from CHA who is not even a public official, hence no penalty can be imposed under Section 114 of the Customs Act,1962 – Appeals allowed [Order attached]](https://www.taxrealtime.in/images/posts/202305181720download2.jpeg)
![Customs – Cestat New Delhi: As the appellant had paid excess duty it was therefore obligatory on the part of the authority to refund the said excess amount recovered from the appellant – Prayer for reassessment and request refund of excess duty paid has also to be treated as the date on which the refund application was made, hence application is not time barred – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202305032310download2.jpeg)
![Custom – CESTAT Ahmedabad: As the appellant filed the EGM within the stipulated time period and subsequently supplemented it with a correct Supplementary EGM, which was accepted by the proper officer, the appellants complied with the provisions – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202304242050download.jpeg)
![Custom – CESTAT Ahmedabad : Currency exchange rate applicable to Imports to be based on the date when the Warehousing Bill of Entry is filed and not the date on which Ex-Bond Bill of Entry is filed – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202304231007images.jpeg)
![Custom – CESTAT New Delhi: Deputy Commissioner had no jurisdiction to review its own order and reassess the bill of entry once again after the goods were cleared on payment of duty - Appeals dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202304192009download2.jpeg)
![Custom – CESTAT New Delhi: Deposit by the Respondent during the investigation cannot be considered as evidence of the Department's case that import value was mis-declared – Revenue appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202304191904download.jpeg)
![Customs – Cestat New Delhi: As the DRI communication was not made RUD in the show cause notice, the said communication has got no evidentiary value – SAD refund allowed as the Appellant have sold the machines imported – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202304191123240_F_76979665_zhth5I5XdCg1Fs6KXb8ppdIcHDTOuwmk.jpg)
![Customs – Cestat New Delhi: As there is no proposal in the SCN to change the classification, and the Commissioner (A) order and the OIO does not indicate any proposal to change the classification of the goods, hence the allegation of change of classification cannot be sustained – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202304182359images3.jpeg)
![Customs – Cestat New Delhi: “Papad” is specifically covered under CTH 19059040 and not under CTH 1903 [Order attached]](https://www.taxrealtime.in/images/posts/202304182308CTH.jpeg)
![Custom – CBIC issued second Order for waiver of interest for the period from 01 April 2023 to 10 April 2023 in respect of goods due to system glitch, where the payment of import duty is to be made from the amount available in electronic cash ledger [Order attached]](https://www.taxrealtime.in/images/posts/202304122148download.jpeg)
![Custom – New Delhi High Court: Issue of wrong claim of exemption – Held that even though no period of limitation is prescribed under the statute, the required period of limitation is to be considered under Section 28 – SCN issued approximately after nine years after the last Bill of Entry it not within a reasonable period, hence, the Order is set aside – Revenue appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202304122129images.jpeg)
![Customs: CBIC has issued various notifications under Customs - implementation of Advance Authorisation Scheme; Implementation of Duty Free Import Authorisation Scheme; import of fabrics under Special Advance Authorization Scheme – and many more [Notifications attached]](https://www.taxrealtime.in/images/posts/202304051024download2.jpeg)
![Customs – Supreme Court: LCD panels are classifiable under Chapter 90, Entry 9013.8010, and not Chapter 85 as claimed by the revenue – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202304031626CTH.jpeg)
![Customs – CBIC has issued Circular on phased implementation of Electronic Cash Ledger (ECL) w.e.f. 01.04.2023 aimed at leveraging technology and reforming the payment process [Circular attached]](https://www.taxrealtime.in/images/posts/202303311230download.jpeg)
![Custom - Cestat New Delhi – On the matter of unjust enrichment, there is no requirement in law that a certificate must be issued only by the statutory auditors, so long as the certificate is issued by a Chartered Accountant and it is consistent with the accounts such as Balance Sheet and Profit and Loss statement, the certificate deserves to be accepted. – Revenue appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202303251531240_F_398103680_DH4WMDJy2ik9inykPatYfHSk6W5CRL3U.jpg)
![Cestat New Delhi – Jurisdictional New Delhi High Court had read down the amending notification to filing refund of SAD claim within 1 year – Principles of judicial discipline require that the orders of the higher appellate authorities should be followed unreservedly by the subordinate authorities – Revenue appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202303241713download.jpeg)
![Customs – Cestat Chennai: Main PCB, Lightening protector etc. used in SMPS cannot be considered as accessory of Integrated Fixed Wireless Telephones (IFWT) - Goods imported are neither parts nor accessories of IFWT and therefore cannot avail the benefit of exemption notification – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202303241519images.jpeg)
![Customs – Cestat New Delhi: The condition of the goods being manufactured out of duty paid inputs is impossible or at least extremely unlikely to be fulfilled in imported goods - The notification does not draw a distinction or make an exception to imported goods, hence the benefit of the exemption notification will not be available to the goods which are imported – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202303231003download2.jpeg)
![Customs – Cestat New Delhi: There is no ground to revoke the suspension of the Customs Broker Licence of the appellant where final decision by the Commissioner regarding revocation of licence is pending – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202303222037images2.jpeg)
![Custom – Cestat Kolkata : National Import Database cannot be relied upon when import is relating to different quantity and quality of goods – Also, test report and the manufacturer’s certificates have not been contested by the Department, hence there is no case of undervaluation of goods – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303221858images2.jpeg)
![Custom – Cestat New Delhi: If the system is not designed to send an alert to the Customs Broker if a Shipping Bill is filed in its name in the service centre at the Custom House and only sends an alert if it is filed online, the appellant cannot be faulted if this loophole in the system was exploited by another person after making a fake Customs card – Appellant is not responsible for exports made in his name - Appeal Allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303221751download.jpeg)
![Customs - Cestat Mumbai: Gold is freely importable it can’t come under the ambit of ‘prohibited goods’ on the ground that it was imported illegally - There is no bar on filing an application for compounding before issuance of show cause notice or adjudication thereof – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303211623download.jpeg)
![Customs : Cestat New Delhi – Import of "Microlens and Splitter” is not eligible for duty exemption; Merely because the appellant sought for duty exemption and the revenue took the view that the goods imported were not as per the specifications under the notification, it is not a case where goods have been improperly imported or mis-declared so as to confiscate the goods – Demand of differential duty upheld, confiscation, fine and penalty is set aside – Appeal partly allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303211507download2.jpeg)
![Customs – Cestat Ahmedabad: As none of the party involved in the transactions controlled each other and revenue also has failed to establish relationship between the seller and buyer, hence no differential duty can be levied on alleged ground of undervaluation – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303181709download.jpeg)
![Customs – Cestat New Delhi: The appellant cannot be said to be failed to abide by the Regulation as the illegal booking of export consignment was already informed to customs officers and KYC of the customers were verified, hence no penalty is leviable – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303181316images2.jpeg)
![Customs – Cestat Chennai: Non-finalization of bills of entry was without any fault on the part of the Appellant, Adjudicating Authority was correct in taking a lenient view imposing total penalty of Rs.10,000 for 4 BoEs – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303171628download.jpeg)
Excise / VAT / CST
![Excise – Cestat Allahabad: Refund of interest on pre-deposit shall be paid from the date of filing appeal and not from the date of pre-deposit – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202406022352240_F_241451972_vcsHACvlkAp7pdzkzyWcynSHmymwCKkx.jpg)
![Excise – Cestat Chennai: Once the credit entry was reversed, it is as if the CENVAT credit was not available, hence there is no liability to pay interest and the question of imposition of a penalty does not arise – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202404301045images2.jpeg)
![Excise – Cestat Chennai: The interest provisions of Section 11BB are attracted “automatically” for any refund sanctioned beyond a period of three months – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202404301044240_F_241451972_vcsHACvlkAp7pdzkzyWcynSHmymwCKkx.jpg)
![Excise – Cestat Ahmedabad: Ocean freight is not liable to service tax appellant have paid the service tax on the ocean freight along with interest, Appellant is entitled for refund thereof along with interest and interest on refund amount in terms of Section 11BB – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202403172307240_F_398103680_DH4WMDJy2ik9inykPatYfHSk6W5CRL3U.jpg)
![Excise – Cestat Allahabad: Without challenging the Tribunal's direction to pay the interest to Appellate at appropriate forum, Department now cannot challenged the same at adjudication – Revenue appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202403011236240_F_241451972_vcsHACvlkAp7pdzkzyWcynSHmymwCKkx.jpg)
![Excise – Cestat Chandigarh: When process undertaken by the assessee does not amount to manufacture, even then the CENVAT credit is admissible if such inputs are cleared on payment of duty – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202403010617Cenvat.jpeg)
![Excise – Cestat Chandigarh: Nothing emerges from the impugned order that the appellant have not filed the requisite returns with intent to evade the payment of tax; Imposition of penalties is not sustainable – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202403010616Excise.jpeg)
![Excise – Cestat Ahmedabad: Issue of allowance of interest on exports till the utilization of credit - Held refund claim prima facie appears to be the amount out of the fresh credit availed after the utilization of transferred credit, and thus rejected by Department - Matter remanded back to verify the documents [Order attached]](https://www.taxrealtime.in/images/posts/202403010554240_F_403389041_YWs68fFzVGLj3qSVXYepyF8sIjvhRQ6q.jpg)
![Excise – Cestat Chandigarh: If the Department is barred from raising demands for the refunds already granted, the appellants also cannot seek interest on the refunds already granted - As the Appellants have not made out any case for grant of interest – Appeal rejected [Order attached]](https://www.taxrealtime.in/images/posts/202402251951240_F_76979665_zhth5I5XdCg1Fs6KXb8ppdIcHDTOuwmk.jpg)
![Excise – Cestat Chennai: CENVAT Credit Rules includes capital goods in the definition of ‘inputs', refund allowed of CVD and SAD paid on import of capital goods under EPCG scheme – Appeal disposed [Order attached]](https://www.taxrealtime.in/images/posts/202402112033240_F_76979665_zhth5I5XdCg1Fs6KXb8ppdIcHDTOuwmk.jpg)
![Excise – Cestat Chandigarh: Refund claim on account of Education Cess and S&H Education Cess paid through PLA is admissible – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202402112021240_F_398103680_DH4WMDJy2ik9inykPatYfHSk6W5CRL3U.jpg)
![Excise – Cestat Ahmedabad: Cenvat Credit is available on renting of immovable of property even though the warehouse located outside the factory premises but the same is in relation to the manufacture of the final product; Limitation of six Months/ one year shall not apply in case of the invoices issued prior to 18.09.2014 – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202402032130Cenvat.jpeg)
![Excise – Cestat Mumbai: Duty amount paid in excess is refundable, however in the absence of proof of the burden of duty being not passed on to any other person, refund is credited to the Consumer Welfare Fund – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202402012124240_F_398103680_DH4WMDJy2ik9inykPatYfHSk6W5CRL3U.jpg)
![Excise – Cestat Kolkata: It is permitted to adjust excess payment of duty, if any, against the demand on the subsequent months; No provision that the adjustment must be made immediately after the next month – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202401161212Capture.JPG)
![Excise – Cestat Allahabad: Revenue has no authority to retain amount deposited under-protest as it would be in violation of Article 265 of the Constitution; Statutory limitation period prescribed under Section 11B is not applicable to the refund since the amount paid by the Appellant is not a tax – Refund allowed with interest [Order attached]](https://www.taxrealtime.in/images/posts/202401161159240_F_398103680_DH4WMDJy2ik9inykPatYfHSk6W5CRL3U.jpg)
![Excise – Cestat Allahabad: Appropriation of refund claim against disputed pending customs appeals is not sustainable in law as the demands in those cases have not reached finality – Revenue appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202401111237240_F_76979665_zhth5I5XdCg1Fs6KXb8ppdIcHDTOuwmk.jpg)
![Excise – Cestat Bangalore: Refund of cenvat credit along with the shipping bills is filed after two years is time barred- The laws and the rules that specifically mention the due dates cannot be ignored – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202312220734Excise.jpeg)
![Excise – Cestat Bangalore: Refund amount arising due to provisional assessment be subjected to unjust enrichment – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312220732download.jpeg)
![Excise – Cestat Chennai: Issue of payment on tax on ocean freight and license fee paid to Government as recipient of service under RCM - Held that recovery of Service Tax on Ocean freight is not legally justified - Assessee is entitled to claim refund of service tax under RCM under GST regime paid after the appointed day under the existing law – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312220719GST return filing dates.jpg)
![Excise – Cestat Chandigarh: Cenvat credit is available on service tax paid on repair and maintenance during the warranty period as the same fall within the ambit of ‘Input Service’ – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312162230Cenvat.jpeg)
![Excise – Cestat Ahmedabad: Cenvat credit cannot be denied on the ground that the 'activity related to business' has been removed from the definition of input service, which are otherwise required for the overall business activity of the manufacture of goods are admissible input service – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312162222Capture1.JPG)
![Excise – Cestat New Delhi: The amount in question is neither the amount of duty nor is the amount of pre deposit, the amount in question is merely a deposit with the Revenue which the Revenue had no authority to retain as the appellant was the owner thereof - Entitled for interest @ 12% – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312082206240_F_241451972_vcsHACvlkAp7pdzkzyWcynSHmymwCKkx.jpg)
![Excise – Cestat New Delhi: Any amount, that is deposited during the pendency of adjudication proceedings or investigation is in the nature of deposit made under protest and, therefore, the principles of unjust enrichment does not apply – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312041048240_F_398103680_DH4WMDJy2ik9inykPatYfHSk6W5CRL3U.jpg)
![Excise – Cestat Chennai: As the higher revision of price was not agreed by the buyer, therefore the debit notes do not form part of transaction value - Excise duty paid is therefore excess and refund is allowed – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202312010641240_F_76979665_zhth5I5XdCg1Fs6KXb8ppdIcHDTOuwmk.jpg)
![Excise – Cestat Chennai: Input items or capital goods which were earlier provisionally written off have been utilised and said inputs or capital goods are subsequently used in the manufacture of their products, thus manufacturer is entitled to retake the CENVAT Credit – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202311261235Excise.jpeg)
![Excise – Cestat New Delhi : Issue of denial of Cenvat credit due to manufacturers found to be no-existent - Held that the reasonable precautions which the appellant or any other assessee is expected to take is placing orders on a registered manufacturer or dealer and receiving goods along with a Cenvatable invoice indicating all required details - The assessee is not required to launch an investigation – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202310312235Cenvat.jpeg)
![Excise – Cestat Ahmedabad: Even if Excise duty is not payable on the product for any reason, Cenvat credit cannot be denied merely on the ground that the supplier was not required to pay the duty – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202310222031Cenvat.jpeg)
![Excise – Cestat Mumbai: Since the Chartered Accountant’s certificate has certified that the appellant has not recovered the duty amount from their customers, the same is not hit by the bar of unjust enrichment – Refund allowed – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202310201621Capture1.JPG)
![Excise – Cestat New Delhi: There is no evidence or claim that JSPL and JPL are connected to the appellant, the case falls squarely under section 10 (a) of the Valuation Rules and duty is to be paid on transaction value – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202310031039Excise.jpeg)
![Excise – Cestat Ahmedabad: Mixing of gases does not amounts to manufacture - Hon’ble Supreme Court has already held that Commissioner (Appeals) has powers to remand back the matter for fresh adjudication – Appeals Remanded Back [Order attached]](https://www.taxrealtime.in/images/posts/202309242224240_F_367776870_pmbbm1HcOdlFiZkmDeizh05Bu20TopDT.jpg)
![Excise – New Delhi High Court: Appellant succeeds for the claim of refund before the Appellate Authorities, interest is required to be calculated from the date immediately after the expiry of three months from the date of application for the refund and not from the date of the appellate orders – Writ petition allowed [Order attached]](https://www.taxrealtime.in/images/posts/202309190928240_F_398103680_DH4WMDJy2ik9inykPatYfHSk6W5CRL3U.jpg)
![Excise – Cestat Chandigarh: Interest on receivables is deductible from assessable value even when the interest is inbuilt in the price in invoice - Department cannot demand duty arising due to accounting treatment adopted by the appellant – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202309101653Excise.jpeg)
![Excise – Cestat Mumbai: Facility of transportation provided by the appellant to its employees for reaching factory cannot be treated as input service and Cenvat credit is not allowed as its merely a personal service to its employees – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202309101506Cenvat.jpeg)
![Service Tax – Cestat New Delhi: Central excise officer has an obligation to make his best judgment if either the assessee fails to furnish the return or, having filed the return, fails to assess tax in accordance with the Act and Rules - If, as per the instructions of CBIC, the officer does not conduct detailed scrutiny of returns and as a result is unable to discover any short payment of tax, neither the assessee nor the officer is responsible for such loss of revenue. Such a loss of Revenue is the risk taken by the Board as a matter of policy – Appeal partly allowed [Order attached]](https://www.taxrealtime.in/images/posts/202308261646Excise.jpeg)
![Excise – Cestat Kolkata: Since it is an obligation on the part of the employer company to bring their employees under insurance coverage which is the primary object behind such policies, against the possibility of any unfortunate happening which is not at all desirable – Hence, there is absolutely no irregularity in availing Cenvat Credit on such policies – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202308261635Cenvat.jpeg)
![Excise – Cestat Chennai: When an order has already been passed upholding the sanction of part of the refund claim, the same authority cannot pass another order setting aside the sanction of entire claim - Such order is ab initio void and non-est – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202308051328240_F_76979665_zhth5I5XdCg1Fs6KXb8ppdIcHDTOuwmk.jpg)
![Excise – Cestat Chennai: No refund can be allowed on unutilised credit lying in their CENVAT account at the time of closing the factory – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202308051323240_F_398103680_DH4WMDJy2ik9inykPatYfHSk6W5CRL3U.jpg)
![Excise – Chhattisgarh High Court: Assessee who is eligible for exemption should not be deprived of benefit simply because authorities concerned took their own time in disposing of the application - Application for extension of time got rejected after a period of more than 2½ years, the benefit of the same tilts more towards the petitioner – Writ petition allowed [Order attached]](https://www.taxrealtime.in/images/posts/202308011953Excise.jpeg)
![Excise – Cestat Ahmedabad: Excess amount of freight collected from the customer is profit on account of transportation and not part and parcel of the value of the goods, therefore, cannot be included in the assessable value – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202308011951Excise.jpeg)
![Excise – Cestat Chennai: Merely issuing credit notes subsequent to the clearance of goods, the assessee cannot be said to have passed the bar of unjust enrichment - Refund is rightly credited to Consumer Welfare Fund – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202308011929240_F_398103680_DH4WMDJy2ik9inykPatYfHSk6W5CRL3U.jpg)
![Excise – Cestat Ahmedabad: As the assessment at the supplier’s end has been accepted and no objection was raised, Cenvat credit cannot be disputed at the recipient on the ground that duty was paid on exempted goods – Revenue appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202307251011Cenvat.jpeg)
![Excise – Cestat Ahmedabad: Even though exempted goods is cleared without payment of duty, the Cenvat Credit of the inputs used in such export goods cannot be denied – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202307091958Excise.jpeg)
![Excise – Cestat New Delhi: Job worker would automatically turn to be the manufacturer and liable to pay duty irrespective of the ownership of the said goods in the case where a principal manufacturer did not file the requisite undertaking – Revenue appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202307022311Excise.jpeg)
![Excise – Cestat Kolkata: Lower authorities were not correct in rejecting the refund claim of sugar cess of the appellant on the ground of Revenue appeal is pending when no stay has been given by any higher court in the earlier order – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306301100Capture.JPG)
![Excise – Cestat Chennai: Relevant date for calculating interest commences from the date of expiry of three months from the date of receipt of application for refund by the department and not from the date of reversal of credit under protest as sought by the appellant or the date of filing the revised claim as per the impugned order – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306271004240_F_398103680_DH4WMDJy2ik9inykPatYfHSk6W5CRL3U.jpg)
![Excise – Cestat Kolkata: Although the appellant paid differential duty later on, but same was available as Cenvat Credit to their sister unit is a revenue neutral situation, if appellant would have not paid differential duty that was not payable – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306262325Excise.jpeg)
![Excise – Cestat Chennai: There is nothing in the Rules which disentitle ISD from availing credit period prior to registration - Merely because the invoices do not have the details of person who provided the service, the same is not a valid ground to deny the benefit of credit – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306262316Reverse-Charge-Mechanism.jpeg)
![Excise – Gujarat High Court: Adjudication of the show cause notice after a lapse of about 28 years is contrary to the Central Excise provisions and would lead to unreasonable and arbitrary results and hence is set aside – Writ petition allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306221708images3.jpeg)
![Excise – Cestat Ahmedabad: Once insurance company has granted the insurance claim for the principal amount of the goods destroyed which is much more than the duty implication in the goods destroyed - A fit case for remission of duty – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306182036Excise.jpeg)
![Excise – Cestat Ahmedabad: Appellant have shown excise duty in their invoice while clearing the goods from the factory, this fact clearly shows that duty was paid by the appellant even though under protest has become an integral part of the total sales value - Refund is hit by principles of unjust enrichment – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202306182007240_F_398103680_DH4WMDJy2ik9inykPatYfHSk6W5CRL3U.jpg)
![Excise – Cestat Ahmedabad: Appellant being worked as DGM Finance ultimately all the transactions are finally booked in the books of accounts and for which the appellant is responsible as he was aware with the transaction made without payment of duty - Penalty payable but reduced to Rs. 1 lac – Appeal partly allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306182000Excise.jpeg)
![Excise – Cestat Mumbai: Common Cenvat credit attributable to all locations, utilized at its one unit only – Held that assessee may distribute credit to one of its location, the entire excise would be revenue neutral as the utilization by any unit of the same entity would not make any loss to the exchequer – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306181314Excise.jpeg)
![Excise – Cestat Mumbai: When the assessee is not in a position to utilize the credit, the amount of pre-deposit paid is permitted to be refunded in cash although the same has been paid through their Cenvat Credit account – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306142000240_F_76979665_zhth5I5XdCg1Fs6KXb8ppdIcHDTOuwmk.jpg)
![Excise – Cestat Ahmedabad: As the appellants have not availed the drawback or rebate of duty, refund of accumulated credit is allowed to appellant on export the goods without payment of duty – Appeal remanded back to reconsider [Order attached]](https://www.taxrealtime.in/images/posts/202306131609240_F_398103680_DH4WMDJy2ik9inykPatYfHSk6W5CRL3U.jpg)
![Excise – Cesta Kolkata: Final products which are exported under the coverage of bond do not fall in either exempted or nil rate of duty category, no Cenvat credit reversal required – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306101912240_F_138363683_oWBiPP0axiYAv0Cu6NmlOtKbDMV3NiN1.jpg)
![Excise – Cestat Hyderabad: As the inputs were imported by EOU by claiming Customs Duty exemption, the EOU is required to pay the duty only by way of cash and Cenvat credit cannot be utilized – Demand Upheld [Order attached]](https://www.taxrealtime.in/images/posts/202306101844Cenvat2.jpeg)
![Excise – Cesta Kolkata: In case the Cenvat credit taken is not utilized, no interest liability would arise - There would be no loss of Revenue to the exchequer – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306101448Cenvat.jpeg)
![Excise – Cestat Chennai: CENVAT Credit lying in balance in the books of account of 100% EOU as on the date of de-bonding, could be transferred to the DTA unit - Nothing in Rules which disallows such transfer of CENVAT credit – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306061808Excise.jpeg)
![Excise – Cestat Kolkata: Cenvat credit eligible on rerolled products, MS Flat/Bar, MS Angle, MS Channel, MS Round etc. – Demand under extended period not invokable when SCN was already issued and the facts are in the knowledge of the authorities - Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306061758Cenvat.jpeg)
![Excise – Cestat New Delhi: As the appellant have lead sufficient evidence and explained the apparent difference between books and returns, which was further supported by the certificate of Chartered Accountant, hence demand is unsustainable – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306031425Excise.jpeg)
![Excise – Cestat Chennai: Surplus freight charges that have been collected from the customers are not includible in the assessable value - Apex court has held that the duty of excise is a tax on manufacturer and not a tax on the profits made by a dealer on transportation – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202306031418Excise.jpeg)
![Excise – Cestat Chandigarh: Interest @6% on delayed payment of refund is entitled after the expiry of 3 months from the date of receipt of application – Interest allowed on refund claim filed from January 2011, sanctioned in the year 2022 - Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202305302323240_F_403389041_YWs68fFzVGLj3qSVXYepyF8sIjvhRQ6q.jpg)
![Excise – Cestat Kolkata: Cenvat Credit allowed to recipient even if invoice was issued beyond the prescribed period of 14 days after the date of completion of service - Obligation to issue the invoice timely has been cast on the service provider and not the service recipient – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202305211823Cenvat2.jpeg)
![Excise – Cestat Chandigarh: Courier Agency Services, Exhibition Services, Insurance Services, Internet Services, and Website Designing are input service and eligible for Cenvat credit – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202305181735Cenvat.jpeg)
![Excise – Cestat New Delhi: As the amount became refundable as a consequence of a judgement or order of Tribunal, the period of one year as prescribed by the Section 11B (1) is to be computed from the date of such judgment or order, hence refund allowed [Order attached]](https://www.taxrealtime.in/images/posts/202305181726240_F_398103680_DH4WMDJy2ik9inykPatYfHSk6W5CRL3U.jpg)
![Excise – Cestat Ahmedabad: Irrespective of the fact that whether at the supplier’s end duty is payable or otherwise, if the duty has been paid on the goods at the recipient end, for the purpose of availment of Cenvat credit, no question can be raised – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202304282218Cenvat.jpeg)
![Excise – CESTAT Chandigarh: Commissioner (Appeals) has travelled beyond the remand order passed by the Tribunal - Lower authorities cannot travel beyond the remand order passed by the higher authorities – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202304271733Excise.jpeg)
![Excise – Cestat New Delhi: There is no condition that the brand which has been advertised should have been owned by the assessee availing CENVAT credit, hence CENVAT on advertising services are rightly availed – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202304251859Cenvat2.jpeg)
![Excise – Cestat Ahmedabad: Commissioner (Appeals) has indeed power to remand the matter as held by Hon’ble Supreme Court in the case of Mil India Limited vs. CCE, Noida- 2007 (210) ELT 188 (SC) - Revenue appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202304250021Excise.jpeg)
![Excise – CESTAT Ahmedabad : Appellant has correctly discharged the duty on the transaction value as the goods after using for 4 years are cleared as waste or scrap, no requirement of reversal of Cenvat credit – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202304242116Cenvat.jpeg)
![Excise – CESTAT Ahmedabad: It is settled that after reversal of credit in respect of input, input in process and input contained in final products whatever balance is left shall lapse only when the Notification is unconditional, which is not in the instant case – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202304231049Cenvat2.jpeg)
![Excise – CESTAT Ahmedabad: As the accident which caused the loss of the excisable goods to the appellant was unavoidable, hence remission of duty on goods lost in fire accident is allowed – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202304231035Excise.jpeg)
![Excise – CESTAT New Delhi: Appellant is entitled to Cenvat credit on account of Education Cess and SHE Cess by debiting the DEPB scrips towards the payment of central excise duty – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202304231027Cenvat.jpeg)
![Excise – CESTAT Ahmedabad: Freight and handling charges separately indicated in invoices cannot be included in assessable value – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202304231018Excise.jpeg)
![Excise – Cestat New Delhi: Cenvat credit availed prior to commencement of production on input services relating to setting up of unit cannot be denied - Classification of service cannot be disturbed or challenged at the end of the service recipient and particularly for denial of Cenvat credit – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202304182330Cenvat.jpeg)
![Excise – Calcutta High Court: Issue of difference between installed production as declared in the ER-7 statement and the ER-1 return – Held that as department has not been able to establish the charge of clandestine removal by any tangible or cogent evidence and the show cause notice was mechanically issued without conducting any enquiry solely based upon audit objection, hence the allegations are set aside – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202304111252Excise.jpeg)
![Excise – Cestat Ahmedabad: Penalty is not payable by the employee Director of the Company as he neither availed Cenvat credit nor is the beneficiary of Cenvat credit – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/2023032515191.png)
![Excise - Cestat Ahmedabad – As the Appellant M/s. Himalaya Equipments and M/s. Himalaya Engineers & Manufacturers, though have different names but owned by same partners therefore their value will be clubbed for computation limit of SSI exemption – Appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202303251525Excise.jpeg)
![Excise – Cestat New Delhi: Once the appellant SEZ unit is found to be eligible to claim the refund, the substantive conditions are complied with and the condition of time limit for making the claim being only a procedural requirement, needs to be construed liberally – Delay in filing refund application is condoned – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303241513240_F_73558941_ae7pKLGPjDPEWIQdSdi354cRr9Cx9Mja.jpg)
![Excise – Tripura High Court: Issue of refund sanctioned on education cess and higher education cess collected - As the ground raised by the review petitioner is not satisfactory, the prayer made in review petition stands rejected – Review petition dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202303231452Untitled design (3).jpg)
![Excise – Supreme Court: Sale of footwear to defense/paramilitary is not a retail sale as per the Act, there exists no mandate of law herein to affix an MRP on the goods sold, and hence the said impugned transaction cannot claim benefit under Section 4(A) of the Act – Respondent was directed to pay the differential amount – Revenue appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303231439Excise.jpeg)
![Excise – Cestat Ahmedabad – Appellant is entitled for CENVAT credit in respect of Cement, MS angles, Channels, Beams, Bars, etc. used for foundation of plant and machinery in his factory basis the Charted Engineer’s Certificate – Appeal Allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303231356Cenvat2.jpeg)
![Excise – Cestat Ahmedabad: Post issuance of SCN, the Appellant is allowed to make the delayed payment of duty by utilizing CENVAT credit and is not required to pay in cash - The matter is no longer a res-integra – Appeal Allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303231350Cenvat.jpeg)
![Excise: Cestat Mumbai - The goods, in issue, even though it is used outside the factory, since it is used in or in relation to the manufacture of final product, the credit is admissible; Availment of Cenvat credit has been duly declared by Appellant in their books of accounts, Cenvat credit registers and ER-1 returns, hence no suppression can be alleged against the appellant – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303211730Cenvat.jpeg)
![Excise – Cestat Mumbai: Notifications enhancing the rate of duty would be effective from the date and time of its publication in its Official Gazette and not from the date of its issue - Uploading in the website of the CBEC cannot alone attach enforceability to the Notifications – Refund allowed of amount paid under protest – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303181738Excise.jpeg)
![Excise – Cestat Chennai: Appellants are eligible to get the concessional rate of duty as per the Notification in regard to finished goods since it is a case of de-bonding and not DTA sale - Refund of excess duty paid on converting EOU scheme is allowed – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303181417240_F_398103680_DH4WMDJy2ik9inykPatYfHSk6W5CRL3U.jpg)
![Excise – Cestat Chennai: In case inter-unit transfer the actual cost of production (100% of the cost of production), of the raw material procured from one unit [excluding the notional loading under Rule 8 – 15% / 10%] is the cost of raw material in the hands of other unit – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303171616Excise.jpeg)
![Excise – Cestat Ahmedabad: Buyer’s premises cannot, in law, be a “place of removal” - Merely because the appellant is under obligation to deliver the goods at the buyer’s premises, the place of removal which is a factory gate cannot be extended and buyer’s premises cannot be made as place of removal – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303171541Excise.jpeg)
![Excise – Cestat Kolkata: Iron and steel, cement, welding electrodes etc. used in the factory in the manufacture of storage tank and also for pollution control system are Inputs and are eligible for CENVAT credit – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303151504Cenvat.jpeg)
![Karnataka VAT – Supreme Court of India: Mere production of the invoices or the payment made by cheques is not enough and cannot be said to be discharging the burden of proof - In the absence of cogent material like furnishing the name and address of the selling dealer, actual physical movement of the goods by producing the cogent materials etc., the Assessing Officer was justified in denying the ITC – Revenue Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303151306images.jpeg)
![Excise – Cestat Chennai: There is consensus ad idem to transfer the ownership along with assets and liabilities to the lessee unit - Thus, the rejection of the request to transfer Cenvat credit balance to the newly transferred unit is without any legal or factual basis – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303111827Cenvat.jpeg)
![Excise – Cestat Chennai: Cost of free supply material received from buyer is not to be included in the assessable value, hence demand is not sustainable on ground of under valuation – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303101128Excise.jpeg)
![Excise – Cestat Mumbai: MS Angles, Beams, Plates, channels etc. were treated as capital goods and CENVAT credit is allowed on the same – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303061601Cenvat.jpeg)
![Excise – Cestat Chennai: Input service credit distributed by ISD is not inadmissible on the pretext that invoices did not contain all the particulars as required in terms of Rule 4A; There is no revenue loss to exchequer on Credit reversed by unit, hence demand not sustainable – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303051322240_F_273076589_oz1q99i3eLEpzEXPg7tKRTothvROIQ3w.jpg)
![Excise – Cestat New Delhi: On final fabrication and installation, the Retail Visual Identity forms part of the immovable property at the retail outlet and does not result in manufacture of goods, hence excise duty is not attracted – As appellant has maintained proper books of accounts, hence penalty under extended period is not invokable – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303032144Excise.jpeg)
![Excise – Cestat New Delhi: Interest on amount deposited during the investigation is to be allowed from the date of deposit of the amount and not from the date of filling refund application – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303031304240_F_483689133_kMPGIj6fPZRuuyeyVpVSGxTjIqrrlXsO.jpg)
![Excise – Cestat Ahmedabad: Whether option to reverse Cenvat Credit is availed in advance or later stage it is prerogative to the assesse - Once the appellant have reversed the cenvat credit in respect of common input service attributed to the trading activity and, no demand of 6/7% will sustain – Appeal allowed [Order attached]](https://www.taxrealtime.in/images/posts/202303031214Cenvat2.jpeg)
![Excise – Cestat Ahmedabad: Free supply of pump during warranty period are covered under ‘activities relating to business’ and is a vital part of the business activity of the respondent, hence Cenvat credit allowed on the service of Repair & Maintenance – Revenue appeal dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202303031025Cenvat.jpeg)
DGFT / SEZ
![SEZ – Employees of SEZ are allowed to work from home upto 31st December, 2024 - Any duty free goods including laptop, desktop, and other equipment provided to the employee under the hybrid work is allowed to take out without payment of duty and IGST on temporarily basis [Notification attached]](https://www.taxrealtime.in/images/posts/202311092251240_F_239174700_aDShhFzbzA0BlsDlsvX9djDd4UMpMjgm.jpeg)
![FTP – Public Notice issued for amnesty scheme for one-time settlement of default in export obligation by Advance and EPCG authorization holders [Public Notice attached]](https://www.taxrealtime.in/images/posts/202304261131images.jpeg)
![FTP – DGFT has issued public notice on extension of date of implementation of the Track and Trace system for export of Pharmaceuticals and drug consignments along with maintaining the Parent-Child relationship in the levels of packaging and their movement in supply chain [Public Notice attached]](https://www.taxrealtime.in/images/posts/202304051616images.jpeg)
![FTP – Madras High Court: Central Government is competent to issue regulations for foreign trade - The alleged signature of the Director General of Foreign Trade made pursuant to the application of powers under Administrative Law shall not invalidate the Notification – Petition dismissed [Order attached]](https://www.taxrealtime.in/images/posts/202304031633images3.jpeg)
![FTP – DGFT issued Key highlights of New Foreign Trade Policy 2023- Ease of doing business, reduction in transaction cost and e-initiatives, Export promotion initiatives and many more [Document attached]](https://www.taxrealtime.in/images/posts/202304011840images9.jpeg)
![FTP – DGFT issued public notice to provide one time relaxation to authorization holders to furnish additional fee to cover excess duty utilized for the EPCG authorizations [Public Notice attached]](https://www.taxrealtime.in/images/posts/202302260931images1.jpeg)
![FTP - DGFT has issued policy circular on implementation of paper import monitoring system (PIMS) [Circular attached]](https://www.taxrealtime.in/images/posts/202301261039images3.jpeg)
![FTP – DGFT issued notice on Electronic filing and Issuance of Preferential Certificate of Origin (CoO) under India-Australia Economic Cooperation and Trade Agreement (Ind-Aus ECTA) w.e.f. 29 December 2022 [Trade Notice attached]](https://www.taxrealtime.in/images/posts/202212231812images.jpeg)
![FTP – Department of Commerce issued Notification dated 07 December 20222 regarding inclusion of additional export items in Appendix 4R with effect from 15.12.2022 - reg. [Notification attached]](https://www.taxrealtime.in/images/posts/202212091706images9.jpeg)
![FTP: DGFT issued a Public Notice on extension of validity of Pre-Shipment Inspection Agency (PSIAs) from 03.12.2022 to 31.12.2022 [Notice attached]](https://www.taxrealtime.in/images/posts/202212021508images9.jpeg)
![FTP: DGFT issued public notice wherein realization of export proceeds have revised as “Export proceeds shall be realized in freely convertible currency or in Indian Rupees, except for deemed export supplies; Export to SEZ units/ supplies to developers/co-developers irrespective of currency of realization would also be continued for discharge of Export obligation [ Public Notice attached]](https://www.taxrealtime.in/images/posts/202211111705images.jpeg)
![FTP: CBIC has issued trade notice dated 31 October 2022 regarding provision of "ICEGATE Helpdesk" available to them, for redressal/verification of exporters' complaints regarding scroll out of shipping bills, generation of e-scrip, and transfer of e-scrip under the RODTEP scheme [Notice attached]](https://www.taxrealtime.in/images/posts/202211011436images9.jpeg)
![DGFT - DGFT has partially modified Guidelines under ANF-4F of Public Notice No.11/2015-20 dated June 07, 2022 in respect to supplies made to EOU/EHTP/STP/BTP [Attached Corrigendum dated 12 September 2022]](https://www.taxrealtime.in/images/posts/202209151747FTP.jpeg)
![DGFT – DGFT has issued Public Notice regarding treatment of un-utilized quantities allotted under Tariff Rate Quota (“TRQ”) for crude soya bean and crude sunflower oil imports [Attached public notice dated 12 September 2022]](https://www.taxrealtime.in/images/posts/202209131745Foreign-Trade-Policy.jpg)
![SEZ - Department of Commerce, SEZ Division has issued guidelines dated 12 August 2022 providing Standard Operating Procedure (‘SOP’) for Work from Home (‘WFH’) permission for the implementation of Rule 43A of the Special Economic Zones (Third Amendment) Rules, 2022 (‘the SEZ Rules’) [Instructions attached]](https://www.taxrealtime.in/images/posts/202208130917download.jpeg)
![FTP – Bombay High Court: IEC number is not mandatory to claim of SEIS – Imposing such additional restriction is a violation of principle legislation - Petition allowed. [Order attached]](https://www.taxrealtime.in/images/posts/202208081929download.jpeg)
![DGFT has issued Public Notice dated 05 August 2022 regarding the extension of validity of Status Certificates issued in the Financial Year (“FY”) 2015-16 and 2016-17 under the current Foreign Trade Policy 2015-2020 till 30 September 2022 [Notice attached]](https://www.taxrealtime.in/images/posts/202208061931dgft-600x381_11zon.jpeg)
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News Updates
![GST News - Advisory issued regarding difficulty in filing appeals on the GST portal in cases where adjudication orders reflect "NIL" [Advisory attached]](https://www.taxrealtime.in/images/posts/58559b68573c5296a7a4ec8d30df54cc.jpg)
![GST Advisory: Pre-deposit paid via DRC-03 is not considered for appeal filing unless linked to demand through DRC-03A [Advisory attached]](https://www.taxrealtime.in/images/posts/7d510adbe19496db8ab0b93f593edce4.jpeg)
![GSTN issued FAQs to clarify significant reporting and auto-population changes in GSTR-9 and 9C for FY 2024-25, including new ITC tables, refined linkage rules, and system-driven late fee computation [FAQs attached]](https://www.taxrealtime.in/images/posts/27cae8ddd4c6ee570b1d1f13db22aa21.jpeg)
![GSTN issued advisory to intimate Form GSTR-9/9C for FY 2024-25 has been enabled on the GST portal from 12th October 2025; FAQ to be published shortly [Advisory attached]](https://www.taxrealtime.in/images/posts/12152b860c7d015471face6a32b8a1ce.jpg)
![CESTAT mandates online filing of appeals from 15 Nov 2025; physical filing ends Dec 31, 2025; Portal registration and e-filing guidelines announced [Notification attached]](https://www.taxrealtime.in/images/posts/b848e09aa6742350e949ba0cb7920bd8.jpg)
![GST - From September tax period, taxpayers shall not be allowed file their GST returns after the expiry of a period of three years [Advisory attached]](https://www.taxrealtime.in/images/posts/eb80cebe2698c184b90280f0fdb5ebab.png)
![GST simplified to 2 rates (18% & 5%) with major cuts on daily-use items, medicines, agri-goods, autos, and cement; Insurance (life & health) fully GST-exempt; GST Appellate Tribunal to be operational by Dec 2025; Introduced risk-based 90% provisional refunds; Removed POS of Intermediary services; and many more [Press Release attached]](https://www.taxrealtime.in/images/posts/e268af407e9cb7b3e03c2fb017b350b1.jpg)
![GST update: Budget 2025 proposed various GST related amendments requiring mandatory reversal of ITC by recipient, allowing ISD distribution of reverse charge, enabling provisions for IMS and many more [Finance bill attached]](https://www.taxrealtime.in/images/posts/202504021552202502071101images2.jpeg)
![GST Update: GST council has made various recommendations in its 55th council meeting - Implementation of IMS, FCM on sponsorship services, taxability of vouchers etc. [Press Release attached]](https://www.taxrealtime.in/images/posts/202412231123240_F_336205687_IEOiymwQ2Nzbk26TFG4KRFNESdeAEiRN.jpg)
![GSTN – Advisory on difference in value of Tables 8A and 8C of FORM GSTR-9 for F.Y. 2023-24 [Advisory attached]](https://www.taxrealtime.in/images/posts/202412111744240_F_507825032_dnTexiOy603F5DpcO5wli9FXvMn1OcPR.jpg)
![GST News update: Various amendments and clarifications proposed on 53rd GST Council meeting held at New Delhi [Press Release enclosed]](https://www.taxrealtime.in/images/posts/202406231626240_F_336205687_IEOiymwQ2Nzbk26TFG4KRFNESdeAEiRN.jpg)
![GST – GST Council in its 51st meeting recommends certain amendments in CGST Act and IGST Act with regards to taxability on Casinos, race courses and online Gaming [Press release attached]](https://www.taxrealtime.in/images/posts/202308051430240_F_507825032_dnTexiOy603F5DpcO5wli9FXvMn1OcPR.jpg)
![GST – GSTN issued list of e-invoices services provided by the four new IRPs for e-Invoice reporting and IRN (Invoice Reference Number) generation services [document attached]](https://www.taxrealtime.in/images/posts/202308051207images5.jpeg)
![GST – Goods and Service Tax Network has issued a Statistical Report on Completion of 6 Years of GST which deals with the matters like registration, returns, refunds e-way bill etc [Report attached]](https://www.taxrealtime.in/images/posts/202308011958240_F_336205687_IEOiymwQ2Nzbk26TFG4KRFNESdeAEiRN.jpg)
![GST News: GSTIN has issued revised advisory on deferment of Implementation of Time Limit on Reporting Old e-Invoices to 3 months [Source enclosed]](https://www.taxrealtime.in/images/posts/202305071155240_F_208743884_aOYqXFk7i5gVVBvVZAVqG2PHWMYf4RcU.jpg)
![GST News – Union Minister Smt. Nirmala Sitharaman chaired a review meeting with CBIC on 29th April 2023 - Directed CBIC to introduce its automated GST return scrutiny by next week; Implement an action plan to increase the taxpayer base through enhanced use of technology; and many more [Press Release attached]](https://www.taxrealtime.in/images/posts/202305011529images5.jpeg)
![GST News: GSTN has issued revised advisory to apply restriction to all document types for which IRN is to be generated - Once issued, Credit / Debit note will also have to be reported within 7 days of issue [Advisory attached]](https://www.taxrealtime.in/images/posts/202304141058images1.jpeg)
![GST News - GSTIN has issued advisory Advisory on Auto population of details in Form GSTR-3B from Form GSTR 1 & 2B - Auto populated Table 4 of GSTR-3B has been revised and shall now be auto populated as net of credit notes, earlier were getting auto populated under reversals, Invoice and credit note that have been issued in same month, then both have to be reported separately, and many more [Advisory attached]](https://www.taxrealtime.in/images/posts/202302061347240_F_367776870_pmbbm1HcOdlFiZkmDeizh05Bu20TopDT.jpg)
![GST – New Functionalities made available for Taxpayers on GST Portal (December 2022) - Taxpayers can file adjournment request while replying to a Notice to Summon in Enforcement cases; Option to "Initiate Drop Proceeding" of cancelled registration, post filing all the pending returns; Option to re-compute interest liability in Form GSTR-3B; Validation of BoE details so that the same do not get populated twice in Form GSTR-2B; and many more [advisory attached]](https://www.taxrealtime.in/images/posts/202301131428240_F_208743884_aOYqXFk7i5gVVBvVZAVqG2PHWMYf4RcU.jpg)
![GST: Press release issued of 48th Meeting of the GST Council held today - No GST on renting of residential dwelling if used as own residence and not on account of his business - Incentive paid to banks by Central Government for promotion of RuPay Debit Cards BHIM-UPI transactions are not taxable - Circular to be issued providing procedure for verification of difference ITC as per GSTR-3B Vs FORM GSTR-2A during FY 2017-18 and 2018-19 – and many more [Press release attached]](https://www.taxrealtime.in/images/posts/202212171935240_F_249829169_Vt8T1R9uGX6vA5f4f1HGVFKYBzeavPPH.jpg)
![GST News – Haryana Government cancelled all non-filers of GSTR-3B till March 2021 under state jurisdiction - After this exercise, there is no tax payer under State jurisdiction who has not filed his GSTR-3B till March 2021 [Press Release attached]](https://www.taxrealtime.in/images/posts/202211052115images7.jpeg)
![GST News: CBIC has set up a special commission to end the legacy Indirect Tax disputes [News dated 12 October 2022]](https://www.taxrealtime.in/images/posts/202210131300240_F_191161714_0ACCx56YIprjYfYIvYIbH6yzRXcWNyAD.jpg)
![GST – GSTN issued advisory of new Functionalities that are made available for Taxpayers on GST Portal during September, 2022 – ITC to be correctly reported as per updated Table 4 of GSTR-3B - Enabled taxpayers to apply for refund for any period beginning July, 2017, on account of a court order/amnesty scheme - Functionality introduced to modify the amount declared in undertaking PMT-03 (Order of recredit of rejected refund), and many more [Advisory attached dated 06 October 2022]](https://www.taxrealtime.in/images/posts/202210072004images2.jpeg)
![GST News: End of extension of GST exemption – EXIM community rue Government for not extending GST export freight exemption [News dated 01 October 2022]](https://www.taxrealtime.in/images/posts/202210021132images.jpeg)
![GST: GSTN issued advisory regarding re-opening of TRAN Forms to claim Transitional ITC – [News Date – 01 October 2022]](https://www.taxrealtime.in/images/posts/202210011946Capture.JPEG)
![FTP - Government extended the Foreign Trade Policy 2015-20 by another six months till march 2023 [Attached Press release]](https://www.taxrealtime.in/images/posts/202209291313images.jpeg)
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