Judgements and Orders, Supreme Court and High courts of India



The Hon’ble Apex Court set aside the Order of the Hon’ble CESTAT and held that the Respondent was not entitled to deduction of freight etc., from factory to buyer's premises.

Posted in Others |   2859 Views



Accordingly, it was held that even though the Appellant received the payment in Indian Rupees but the same is deemed to be convertible foreign exchange and accordingly the condition as provided under Rule 3(ii) of the Export of Service Rules stand co

Posted in Others  2 comments |   2748 Views



The Hon’ble Apex Court held that it is clear that by letter dated April 15, 2002, the original purchase order dated October 31, 2001 was novated insofar as price was concerned, which is before the date of removal of goods from the factory premises in

Posted in Excise  1 comments |   2252 Views



In the instant case, the Hon’ble CESTAT disposed off the Stay Application filed by Punjab Chemicals & Corp Protection Ltd. (“the Appellant”) and stayed the entire demand of Service tax amounting to Rs. 35,14,534/-. However, the Appellant was directed

Posted in Service Tax |   2392 Views



The Exemption Notification exempted goods falling under Heading 87.03 of the Central Excise Tariff Act, 1985 and consequently, duty payable was 40%. However, proviso to the Exemption Notification gives exemption of duty of 10% to the manufacturer of

Posted in Excise |   2235 Views



The Hon’ble Supreme Court allowed the appeal in favour of the Revenue by setting aside the decision the Hon’ble Tribunal and held that Doctrine of Unjust Enrichment will be applicable in case of refund of duty paid on Capital goods, which are used ca

Posted in Excise |   2378 Views



The Hon’ble High Court of Madras upheld the Order of the Hon’ble Tribunal and held that since amendment to the Service Tax Rules have come into effect on August 16, 2002 and it is only by way of amendment the liability of service recipient to pay Ser

Posted in Service Tax  1 comments |   2851 Views


Delhi High Court non-taxable income

  Hetvi Sheth    16 April 2015 at 10:23

The question of law urged by the assessee is whether the decision of the ITAT as to the disallowance under Section 14A of the Income Tax Act, is in error of law. Assessee mainly engaged in the business of coal preparation had reported a tax exempt in

Posted in Others |   3182 Views



The Hon’ble High Court of Punjab and Haryana made elaborate discussion in this regard and held as under: - The State Governments draws their power to impose Sales Tax/ VAT on sale or purchase of goods, other than newspapers, from Entry No.54 of

Posted in VAT |   3031 Views



The appellant company is engaged in the business of export of Marine products and also financial consultancy and trading in equity shares. Its total business does not consist purely of exports but includes business within the country. AO held that th

Posted in Others |   2930 Views




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