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Service Tax - High Court - Case Laws
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- 2020 (7) TMI 321 - MADRAS HIGH COURT
Refund of CENVAT credit - denial of credit on the ground that the premises in question from where the services in question were exported, were not registered with the Revenue Department - Rule 5 of CCR Rules, 2004 - HELD THAT:- In a recent decision in BNP Paribas Sundaram Global Securities Operations Pvt. Ltd, [2018 (6) TMI 676 - MADRAS HIGH COURT ], the Hon'ble High Court of Madras, has interalia held that Rule 5 of CCR, 2004, does not stipulate registration of premises as a necessary pre-requisite for claiming a refund. The relevant rules, notifications and earlier judgments of the Coordinate Bench having been considered while allowing the appeal filed by the Assessee, the learned Tribunal held that refund claimed by the Assessee on Cenvat Credit cannot be disallowed merely because the premises in question was not registered with th....... + More
- 2020 (7) TMI 267 - DELHI HIGH COURT
Delay in adjudication of SCN over 6 years - Validity of adjudication proceeding initiated by the impugned show cause notice dated 10th September, 2013 and also the personal hearing notice dated 12th December, 2019 - time limitation - challenge on the ground that the adjudication proceeding has become barred by limitation in view of the limitation period of six months/one year, which is maximum time period for adjudication, from the date of issuance of show cause notice as prescribed under Clause (b) of sub-Section (4B) of Section 73 of the Finance Act, 1994. HELD THAT:- Issue Notice. List on 26th August, 2020.
- 2020 (7) TMI 266 - DELHI HIGH COURT
Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 - rejection on the ground that the quantification of tax liability has not been done completely and investigation is still pending - HELD THAT:- Issue Notice. List on 26th August, 2020.
- 2020 (7) TMI 184 - GAUHATI HIGH COURT
Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 - Petitioner have declared Service Tax liability but the same could not be deposited while filing the return, which was deposited belatedly, but interest on delayed payment remained unpaid - HELD THAT:- On similar issues a Coordinate Bench has already disposed of a similar writ petition in ASSAM CRICKET ASSOCIATION VERSUS THE UNION OF INDIA AND 4 ORS., THE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, THE PRINCIPAL COMMISSIONER, THE DESIGNATED COMMITTEE, ADDL. DIRECTOR GENERAL [2020 (6) TMI 38 - GAUHATI HIGH COURT] - it is submitted that by this order this Hon’ble Court has remanded the matter back to the authorities concerned. The matter is remanded back to the authorities to reconsider the application/declaration furnished by the petitioner being and pass appropriate orders thereon in terms of the scheme and the rules framed thereunder - Petition allowed by way of remand.
- 2020 (7) TMI 180 - GAUHATI HIGH COURT
Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 - rejection of first declaration made by the petitioner on the ground of Incorrect Declaration - rejection of second declaration/application filed by the petitioner on the ground that since earlier application on the same issue has been disposed of, this cannot be accepted - HELD THAT:- On similar issues a Co-ordinate Bench of this Court has already disposed of writ petition being WP (C) No. 2149/2020 passed in Assam Cricket Association Vs. The Union of India & 4 Ors. Mr. Keyal [2020 (6) TMI 38 - GAUHATI HIGH COURT ] submits that by that order this Hon’ble Court has remanded the matter back to the authorities concerned for consideration afresh. Appeal allowed by way of remand.
- 2020 (7) TMI 166 - GAUHATI HIGH COURT
Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 - penalty figure not declared - Evasion of service tax - suppression of material facts with intent to evade payment of Service Tax - HELD THAT:- The matter is remanded back to the authorities to reconsider the application/declaration furnished by the petitioner being ARN LD14012000001159 filed on 14.01.2020 and pass appropriate orders thereon in terms of the scheme and the rules framed there under. If the authorities require a fresh declaration then they shall permit the petitioner to file such declaration afresh. Petition allowed by way of remand.
- 2020 (7) TMI 118 - DELHI HIGH COURT
Principles of Natural Justice - rejection of declaration filed under Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019 - petitioner had not placed the entire correspondence exchanged between the parties - HELD THAT:- This Court had directed the petitioner to place on record the entire correspondence exchanged between the parties. Petitioner has filed a supplementary affidavit dated 01st July, 2020 in which it is stated that the present case is of delayed payment of service tax for which the petitioner had filed the application under the Scheme 2019. It has also been stated in the affidavit that the respondents’ reference to communication dated 26th September, 2019 is incorrect as no such communication was sent to the petitioner.
- 2020 (7) TMI 89 - DELHI HIGH COURT
Waiver of Interest - Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019 - scheme rejected without affording any opportunity of hearing by stating “the date of communication declared is 05.09.2019 which is beyond the cut-off date (i.e. 30.06.2019) - HELD THAT:- This Court finds that the impugned communication dated 05th March, 2020 has been issued by the respondents without giving an opportunity of hearing to the petitioner and without considering the case put forward by the petitioner. The present writ petition and pending application are disposed of by setting aside the order/communication dated 05th March, 2020 and by directing the respondent No.2 to give a hearing to the petitioner on 09th July, 2020 at 11.30 a.m.
- 2020 (7) TMI 4 - PUNJAB AND HARYANA HIGH COURT
Legality of issuance of recovery notices - petitioner had applied under the SVLDRS Scheme - HELD THAT:- In the present petition, the petitioner has claimed that in fact its application could not have been rejected because the respondents wrote a letter dated 24.09.2019 (Annexure P-10) to one of the supplier of the petitioner calling upon it to stop payment to the petitioner and the amount due may be paid directly to the credit of the Central Goods and Service Tax Department - the said letter does not show final quantification determination and is at best a preliminary figure. No fault can be found with the action of the respondents in refusing to accept the application of the petitioner to be covered under the aforementioned scheme - Petition dismissed.
- 2020 (6) TMI 686 - MADRAS HIGH COURT
Levy of Service Tax - Club or Association Service - business of time share -principles of mutuality - HELD THAT:- This Court is of the view that there is no requirement for the respondents to levy service tax on the petitioner, with respect to the services provided to its members - Petition allowed.
- 2020 (6) TMI 641 - DELHI HIGH COURT
Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019 - Waiver of interest and penalty for the period October 2013 to September 2016 - Rejection of waiver without affording any opportunity of hearing - HELD THAT:- Issue notice. Mr. Harpreet Singh, learned counsel accepts notice on behalf of the respondents. He states that he has no objection if the present writ petition is directed to be treated as representation to the respondent No.2 - Consequently, the present writ petition is directed to be treated as a representation by the respondent No.2, who is directed, to dispose of the same on or before 30th June, 2020 after giving an opportunity of hearing to an authorised representative of the petitioner on 29th June, 2020 at 11.30 A.M. Petition disposed off.
- 2020 (6) TMI 342 - DELHI HIGH COURT
Claim of interest with refund of Pre-deposit made - Rate of interest - amount was deposited under protest - HELD THAT:- We do not find the petitioner entitled to interest at any higher rate than @ 6% per annum from the date of deposit i.e. 27th October, 2006 till the end of May, 2018 i.e. 31st May, 2018. However, we do not find any justification for the respondents retaining the said amount thereafter and find the respondents liable for interest with effect from 1st June, 2018 onwards and till date @ 7.5% per annum. While so enhancing the rate of interest, we have also taken into consideration the noncompliance by the respondents of the orders of this Court as detailed above, leading to a contempt notice being issued to the respondents and in response whereto Ms. Niharika Gupta, Assistant Commissioner in the Office of Division-Nehru Place....... + More
- 2020 (6) TMI 38 - GAUHATI HIGH COURT
Benefit under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 rejected - mistake in the entry of penalty in Form SVLDRS-1 by petitioner - whether the claim of the petitioner for the benefit under Scheme 2019 would stand rejected as because of the aforesaid mistake of not mentioning the penalty or a different view can also be taken in the matter? HELD THAT:- Apparently, a mistake made can be of two different types, one being a mistake based upon which a legal right is claimed so that the mistake made can be construed to be an act of misleading the authorities to claim a benefit which otherwise a party is not entitled or the mistake made was more of inadvertent nature, which can also be terms as a callous mistake, which does not put the party making such mistake on an undue advantageous position so as to make them entitled to a benef....... + More
- 2020 (5) TMI 267 - DELHI HIGH COURT
Deduction of service tax from the amount payment (consideration) as per the contract terms - scope of the terms of agreement - services of lifting/collecting of municipal solid waste/garbage/malba/drain silt etc. and dumping the same to nearby designated site - appellant claims that consideration payable gets reduced on the ground that the petitioner was liable to pay service tax under the contract but was exempted - HELD THAT:- The agreed rate was of ₹ 1934/- per day per vehicle for eight hours of working. The rate was all inclusive including service tax, labour cess, accident claims etc. Escalation on the awarded rate was allowed in case of increase /decrease in fuel and minimum wages as stipulated only - The important thing that follows is that the aforesaid rate is all inclusive. It is subject to increase/decrease only in case o....... + More
- 2020 (5) TMI 225 - KARNATAKA HIGH COURT
Refund of CENVAT Credit - time limitation - Rule 5 of CENVAT Credit Rules, 2004 - period prior to and from 01.04.2012 - applicability of time prescribed under Section 11B of the Central Excise Act, 1944 - pivotal issue which arises for consideration would relate to refund claims made by the respective appellants under the CENVAT Credit Rules, 2004, post 31.03.2012 and for the earlier period also. Hence, Rule 5 of the CENVAT Credit Rules, 2004 which was in force up to 31.03.2012 and the Rules made from 01.04.2012 - HELD THAT:- Where any input for input service is used in the manufacture of final product which is cleared for export under Bond or letter of undertaking, the Cenvat credit in respect of the same, so used shall be allowed to be utilized by the manufacturer or provider of output service so used and shall allowed to be utilized by....... + More
- 2020 (5) TMI 224 - KARNATAKA HIGH COURT
Club or Association Service - principles of mutuality - services provided by a club to its members - HELD THAT:- The entire case papers as well as the judgment rendered by the Apex Court in the case of STATE OF WEST BENGAL & ORS. VERSUS CALCUTTA CLUB LIMITED AND CHIEF COMMISSIONER OF CENTRAL EXCISE AND SERVICE & ORS. VERSUS M/S. RANCHI CLUB LTD. [2019 (10) TMI 160 - SUPREME COURT], we have no hesitation to arrive at the conclusion that questions of law raised in these appeals is an issue, which is no more res integra in the light of finding recorded by the Apex Court which held that In the light of the authoritative pronouncement of Hon’ble Apex Court in Calcutta Club Ltd. holding that the companies and co-operative societies which are registered under the respective Acts can be said to be constituted under those Acts and th....... + More
- 2020 (4) TMI 867 - MADHYA PRADESH HIGH COURT1
Nature of activity - sale or service - photography service - use of the paper upon which an image is printed using certain consumables and chemicals - interpretation of term ‘sale’ appearing in exemption Notification No.12/03-ST dated 20.06.2003, is to be given the same meaning as given by Section 2(h) of the Central Excise Act, 1944, read with Section 65(121) of the Finance Act, 1994 - deemed sale - HELD THAT:- Identical substantial questions of law have been answered in favour of the assessee [2020 (4) TMI 799 - MADHYA PRADESH HIGH COURT] The Supreme Court in the matter of Safety Retreading Company [2017 (1) TMI 1110 - SUPREME COURT] has considered the similar issue. The Apex Court set aside the majority view of the Special Bench of the Tribunal and held that component of gross turnover in respect of which assessee had paid ....... + More
- 2020 (4) TMI 809 - PUNJAB AND HARYANA HIGH COURT
Maintainability of appeal - appropriate forum - issue relates to taxability or excisability of goods - primary objection taken by the Revenue is that this case would not be covered under Section 35G of the Central Excise Act, 1944 but under Section 35L of the Act - HELD THAT:- From Section 35L(1) (b) of the Act it is evident that the appeal shall lie to the Supreme Court on the question in relation to rate of duty of excise or value of goods. Sub-Section(2) of Section 35L of the Act clarifies that the rate of duty shall include the determination of taxability or excisability of goods - In the present case, the issue involved is as to whether the activity of the appellant falls within the definition of Section 65 (19) of the Finance Act, 1994 and thereby whether the cost of activity would form part and parcel of the charge levied by the Re....... + More
- 2020 (4) TMI 799 - MADHYA PRADESH HIGH COURT
Nature of activity - sale or service - use of the paper upon which an image is printed using certain consumables and chemical in the photography service - valuation of photography service to be determined in isolation of cost of such goods or not - meaning of ‘sale’ appearing in exemption Notification No.12/03-ST dated 20.06.200 - deemed sale - whether the appellant-assessee was entitled to the benefit of Notification No.12/2003-ST dated 20.06.2003? Whether for the purposes of service tax the value of photography service can be determined separately from the value of certain consumables and chemicals which are used on the paper for printing the image and whether such printed photograph can be said to be a sale of goods in terms of Article 366(29A)(b) of the Constitution? - HELD THAT:- The view expressed by the Apex Court in Bh....... + More
- 2020 (4) TMI 698 - KARNATAKA HIGH COURT
Maintainability of appeal - appropriate forum - legal and factual contentions raised by the appellant - availability of statutory remedy - HELD THAT:- There is no prayer made in the writ petition for challenging the constitutional validity of any statutory provision. The legal and factual contentions which are raised by the appellant before the learned Single Judge in the writ petition can be always raised before the Appellate Tribunal by preferring an appeal. The jurisdiction of this Court under Article 226 of the Constitution of India is always equitable and discretionary. The learned Single Judge has declined to interfere on the ground of availability of an efficacious remedy - Appeal dismissed being not maintainable.
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