Tax Monthly Digest: July 2025
Kapil Dhyani
3 Aug 2025 12:20 PM IST
SUPREME COURTStem Cell Banking Services Qualify As "Healthcare Services" In Service Tax Exemption Notification : Supreme CourtCase : M/S. STEMCYTE INDIA THERAPEUTICS PVT. LTD vs COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, AHMEDABAD - IIICase no.: CIVIL APPEAL NOS. 3816-3817 OF 2025The Supreme Court held that stem cell banking services, including enrolment, collection, processing, and...
SUPREME COURT
Case : M/S. STEMCYTE INDIA THERAPEUTICS PVT. LTD vs COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, AHMEDABAD - III
Case no.: CIVIL APPEAL NOS. 3816-3817 OF 2025
The Supreme Court held that stem cell banking services, including enrolment, collection, processing, and storage of umbilical cord blood stem cells, constitute “Healthcare Services” which were exempted from service tax as per the notifications issued by the Ministry of Finance in 2012 and 2014 under the Finance Act, 1994.
Holding so, a bench comprising Justice JB Pardiwala and Justice R Mahadevan set aside the assessment orders issued against M/s Stemcyte India Therapeutics Ltd for over Rs 2 crores as service tax for the period from 01.07.2012 to 16.02.2014.
Case Title: M/S UNITED SPIRITS LTD. VERSUS THE STATE OF MADHYA PRADESH & ORS.
Citation : 2025 LiveLaw (SC) 727
The Supreme Court upheld the MP High Court's decision to levy the 'entry tax' on the beer and Indian Made Foreign Liquor (“IMFL”) manufacturers for transporting goods into local areas for sale.
The Court reasoned that the liquor manufacturers "cause entry" of goods into local areas, making them liable for tax under Section 2(3) of the Madhya Pradesh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 (“M.P. Entry Tax Act, 1976”), even if sales occur through state-controlled warehouses.
Cause Title: HYATT INTERNATIONAL SOUTHWEST ASIA LTD. VERSUS ADDITIONAL DIRECTOR OF INCOME TAX (and connected matters)
The Supreme Court on Thursday (July 24) ruled that the existence of a Permanent Establishment (PE) is sufficient to attract tax liability for a foreign entity in India, even in the absence of exclusive possession of a fixed place of business. The Court clarified that temporary or shared use of premises, when combined with administrative or operational control, is adequate to establish a PE, thereby triggering income tax liability in India.
Holding so, the bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan dismissed Hyatt International's appeal against the Delhi High Court's order, which had held the company liable to pay income tax in India on income earned through its Strategic Oversight Services Agreements (SOSA) with Asian Hotels Ltd. for 20 years, the operator of Hyatt's hotel business in India.
Cause Title: M/S ASP TRADERS VERSUS STATE OF UTTAR PRADESH & ORS.
The Supreme Court observed that by mere payment of penalty for the release of the goods detained under Section 129 of the Central Goods and Services Tax Act, the assessee cannot be held to have waived the right to file a statutory appeal.
The Court ruled that mere payment of penalty for the release of goods detained during transit under the GST regime does not conclude proceedings unless a formal, reasoned order is passed under Section 129(3) of the CGST Act.
HIGH COURTS
Allahabad HC
Case Title: S.S. Enterprises v. State of U.P. and Another
Case no.: WRIT TAX No. - 3026 of 2025
The Allahabad High Court has held that merely because there was no activity at the principal place of business of the assessee, it cannot be presumed that the invoices issued in favour of such assessee are fake.
Petitioner approached the High Court seeking quashing of the penalty order under Section 129(3) of the CGST Act and seeking release of the goods confiscated under Section 129(1)(a) by the Assistant Commissioner Commercial Tax Mobile Unit Khataul, Muzaffarnagar.
Case Title: CELL COM TELESERVICES PRIVATE LIMITED v. UNION OF INDIA AND OTHERS
Case no.: WRIT TAX NO. 278 OF 2024
The Allahabad High Court has held that filing of Form 10-IC prior to filing of income tax return is not mandatory and the delay in filing the Form may be condoned in cases where “genuine hardship” is shown to exist.
Form 10-IC, under the Income Tax Act, is required to filed only if a Domestic Company chooses to pay tax at concessional rate of 22% under Section 115BAA of the Income Tax Act,1961. Section 115BAA provides that subject to the provisions of Chapter XII of the Income Tax Act, a domestic company may choose to compute its income tax at 22% for any previous year relevant to the assessment year beginning on or after the 1st day of April, 2020 provided the conditions mentioned in Section 115BAA(2) are fulfilled.
Case Title: M/S Rai Wines Ras Bahar Colony v. The Commisssioner Of Income Tax
Case no.: INCOME TAX APPEAL No. - 395 of 2007
The Allahabad High Court has held that the burden to prove that the findings of best assessment done by the authorities is perverse is on the assesee.
The bench of Justice Shekhar B. Saraf and Justice Praveen Kumar Giri held that “when a best assessment is done, it is for the assessee to bring on record the facts that may reveal that the findings are perverse in nature.”
Bombay HC
Case Title: Bajaj Auto Limited v. Dy. Commissioner of Income Tax
Case Number: INCOME TAX APPEAL NO.505 OF 2003
The Bombay High Court has stated that sales tax incentive under a government scheme for industrial promotion is a capital receipt, not taxable.
Chief Justice Alok Aradhe and Justice Sandeep V. Marne were addressing the issue of whether an incentive received in sales tax liability under a Scheme formulated by the State Government would be on the capital account, exempt from taxation, or on the revenue account, liable for taxation.
Case Title: Bharat Petroleum Corporation Ltd. v. Assistant Commissioner of Income Tax
Case Number: WRIT PETITION NO. 1752 OF 2022
The Bombay High Court stated that reassessment under Section 147 Income Tax Act beyond 4 years requires specific non-disclosure by assessee, not mere bald allegations.
Section 147 of the Income Tax Act, 1961 provides for the reopening of assessment proceedings. This section gives discretion to the Assessing Officer (AO) to reopen the assessment proceedings when he/she has reason to believe that some of the income has escaped assessment.
Case Title: M/s. Skypak Services Specialists Limited v. Union of India
Case Number: WRIT PETITION NO. 1326 OF 2014
The Bombay High Court has upheld the licence cancellation of a courier agency for clearing imports without authorisation by stating that any such exercise of discretion of leniency will only encourage persons to commit the offence by taking recourse to the services of the courier agencies.
Justices M.S. Sonak and Jitendra Jain stated that “the petitioner has been negligent in carrying out its obligation under the 1998 Regulations. These obligations are cast on the Authorised Courier since the petitioner was engaged in the business of clearance of imports and exports. There is a high degree of responsibility cast upon the petitioner in the discharge of its functions because the repercussions of illegal imports and exports are economically and otherwise also far reaching.”
Case Title: Darshan Singh Parmar v. The Union of India
Case Number: WRIT PETITION NO. 2283 OF 2013
The Bombay High Court has directed the department to pay informer for assisting in tax evasion recovery.
Justices M.S. Sonak and Jitendra Jain stated that “If the Government has formulated a reward scheme, it must be implemented fairly and transparently. Informers who take risks and invest time must not be made to run from pillar to post to secure what may be due and payable. There must be no unreasonable delay in paying the determined reward amounts, and the practice of raising frivolous and belated objections only to avoid legitimate payments must also be eschewed.”
Case Title: M.J. Exports Pvt. Ltd. v. Joint Commissioner of Income Tax & Anr.
Case no.: Income Tax Appeal No. 407 of 2003
The Bombay High Court has ruled that a provision for doubtful debts cannot be treated as either a "reserve" or a "provision for liability" under clauses (b) or (c) of the Explanation to Section 115JA of the Income Tax Act, 1961, and thus cannot be added back to the book profits for the purpose of minimum alternate tax (MAT). The Court accordingly overturned the addition of ₹2.49 crore made by the Assessing Officer and upheld by the Tribunal.
A Division Bench of Chief Justice Alok Aradhe and Justice Sandeep V. Marne was hearing an appeal filed by M.J. Exports Pvt. Ltd., which had made a provision for doubtful debts in its profit and loss account for the Assessment Year 1997–98.
Case Title: M/s. Poonawalla Estate Stud & Agricultural Farm v. Commissioner of Income Tax
Case Number: INCOME TAX APPEAL NO. 541 OF 2003
The Bombay High Court held that insurance claim received on dead horses is capital receipt, not taxable as income under Section 41(1) Of Income Tax Act.
The bench opined that horses in respect of which the insurance claim was received were Assessee's capital assets and that therefore insurance receipt arising therefrom could only have been considered as capital receipt, not chargeable to tax.
Case Title: M/s. Galaxy International v. Union of India & Ors.
Case Number: WRIT PETITION NO. 11399 OF 2024
The Bombay High Court held that a GST notice under Section 79(1)(c) of the CGST Act can't be issued directly to the bank. Justices M.S. Sonak and Jitendra Jain observed that the notice under Section 79(1)(c) of the CGST Act was not addressed to the assessee but directly to the bank.
“Where such notice is served on a person, he can prove to the satisfaction of the officer issuing the notice that the money demanded or any part thereof was not due to the person in default or that he did not hold any money for or on account of the person in default at the time the notice was served on him nor is the money demanded or any part thereof, likely to become due to the said person or be held for or on account of such person” opined the bench.
GST TRAN-I Credit Can Be Revised Based On Manually Filed Excise Return: Bombay High Court
Case Title: M/s. Johnson Matthey Chemicals v. Union of India
Case Number: WRIT PETITION NO. 15536 OF 2023
The Bombay High Court held that GST TRAN-I credit can be revised based on manually filed ER-1 Return.
Justices M.S. Sonak and Jitendra Jain stated that “there were technical issues with respect to revising TRAN-1 and non-availability of electronic mode to revise excise return and it is only after directions issued by the Supreme Court in the case of Union of India vs. Filco Trade Centre Pvt. Ltd. 2022 that the assessee was able to revise its TRAN-1/TRAN-2 by filing manual revised excise return to claim the credit and transitioned under new regime.”
Case Title: GlobeOp Financial Services (India) Private Limited v. Deputy Commissioner of State Tax
Case Number: WRIT PETITION (L) NO.12528 OF 2025
The Bombay High Court held that a GST order can't be a copy-paste of the show cause notice and that independent reasoning must be present.
Justices M.S. Sonak and Jitendra Jain stated that “simply cutting and pasting the allegations in the show cause notice or mechanically reciting them verbatim does not inspire confidence that due consideration has been shown to the cause, and the decision is made after its due consideration. Ultimately, these are aspects of natural justice principles that should guide the decision-making process in such cases.”
Case Title: Umicore Autocat India Private Limited v. Union of India
Case Number: WRIT PETITION NO. 463 of 2024
The Bombay High Court has directed the GST Council and GST Network to develop a mechanism for cross-state ITC transfer in Mergers/amalgamations.
Justices Bharati Dangre and Nivedita P. Mehta permitted the IGST and CGST amount lying in the electronic credit ledger of the Transferor Company to be transferred to the Petitioner Company by physical mode for the time being, subject to the adjustments to be made in future.
Calcutta HC
Case Title: Commissioner of Service Tax Kolkata v. M/s Medicare Service (India) Pvt. Ltd.
Case Number: CEXA/10/2025
The Calcutta High Court stated that an appeal on service classification under 'insurance auxiliary service' not maintainable before the High Court.
Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) was addressing the appeal filed by the department/appellant under Section 35G of the Central Excise Act, 1944 read with section 83 of the Finance Act, 1994 challenging the order passed by the Customs, Central Excise & Service Tax Appellate Tribunal, East Zonal Bench, Kolkata (the Tribunal).
Case Title: Principal Commissioner of Income Tax Central-1, Kolkata v. Rungta Mines Limited
Case Number: ITAT/215/2024
The Calcutta High Court held that Internal CUP (Comparable Uncontrolled Price) method is most appropriate for ALP (Arm's Length Price) determination in captive power transactions.
Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) was addressing issue of whether the Internal Comparable Uncontrolled Price (CUP) method adopted by the assessee was right in determining the Arm's Length Price (ALP) for power supplied by the assessee's Captive Power Plants (CPPs) to non-eligible units for transfer pricing adjustments.
Delhi HC
Payments Made To AWS For Cloud Computing Services Not Taxable: Delhi High Court
Case Title:THE COMMISSIONER OF INCOME TAX vs AMAZON WEB SERVICES
Case no.: ITA 150/2025
The Delhi High Court has held that payments made to Amazon Web Services (AWS) for cloud computing services do not qualify as “royalty.”
The bench, comprising Justice Vibhu Bakhru and Justice Tejas Karia, upheld the Income Tax Appellate Tribunal's (ITAT) decision which held that such payments are not taxable as royalties or fees for technical services (FTS). The Court referred to earlier judgments to emphasize the difference between transferring intellectual property rights and simply giving access to standardized digital services. It dismissed the appeal, highlighting the key distinction between access to digital resources and ownership or control over them.
Case title: Commissioner Of Service Tax Delhi v. Shyam Spectra Private Limited
Case no.: SERTA 5/2025
The Delhi High Court has reiterated that an appeal from CESTAT under the Central Excise Act 1944 involving the issue of taxability will lie before the Supreme Court under Section 35L. A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta ruled that such an appeal, even on a limited point of limitation, will not lie before the High Court under Section 35G.
It observed, “Even if the question of limitation has been raised, the Court has to go into the merits of the matter after a decision on the question of limitation is made. The maintainability of the appeal would have to be examined on the said benchmark…The obvious conclusion would be that if this Court holds that the SCN was within the limitation, the issue of taxability would have to be gone into.”
Case title: M/S Independent News Service Pvt. Ltd. v. The Assessing Officer, Circle 10(1) & Anr.
Case no.: W.P.(C) 11601/2024
The Delhi High Court on Wednesday set aside the reassessment action initiated against journalist Rajat Sharma's company, M/S Independent News Service Pvt. Ltd., which owns and runs the India TV channel, over alleged foreign remittances.
The notice was issued following a survey conducted by the Income Tax Department at the J&K Bank back in 2019, revealing that the company had made foreign remittances amounting to ₹6,50,84,454/- during AY 2017-18, which did not tally with the amounts reflected in its bank statement.
Case title: M/S Shreehari Ananta Overseas Pvt. Ltd. v. The Commissioner Of Customs Icd Patparganj
Case no.: W.P.(C) 8788/2025
Coming to the rescue of an importer, the Delhi High Court has set aside the security of ₹10 crore (approx) demanded by the Customs Department for provisional release of its perishable goods.
Calling the condition 'onerous', a division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta ordered provisional release of Petitioner's imported Roasted Areca Nuts on furnishing bond of Rs.4.10 crore along with a Bank Guarantee of Rs. 50 lakh.
Case title: Pr. Commissioner Of Income Tax, Delhi-7 v. M/S Thomson Press (India) Ltd.
Case no.: ITA 192/2025
The Delhi High Court has dismissed an appeal preferred by the Income Tax Department against Thomson Press (India) over the sale of a property in Noida back in 2013, allegedly at a price much lower than the prevailing circle rate.
A division bench of Justices Vibhu Bakhru and Tejas Karia noted that the registered agreement to sell and payment of stamp duty with respect to the property transaction were already completed by the date when the circle rate of the area in question was enhanced.
Case title: Mubina v. Commissioner of Customs
Case no.: W.P.(C) 9269/2025
The Delhi High Court has ordered the Customs Department to release the gold jewellery which was seized from a Muslim woman while she was returning from a religious pilgrimage to Mecca.
A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed that it is normal practice in our country for women to wear basic jewellery and the same cannot be seized by the Customs Department only on the ground that it is of 24 carat purity.
Case title: Principal Commissioner Of Customs (ACC Imports) Nokia India Sales Pvt. Ltd.
Case no.: CUSAA 66/2025
The Delhi High Court has made it clear that the Customs authority cannot, in absence of some evidence, decline refund of excess duty paid by a trader when the latter furnishes certificates from a qualified chartered accountant in support of its case.
A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta thus dismissed the Department's appeal against Nokia. Nokia sought refund of excess duty paid on import of mobile handsets. While the goods were exempted by the Central government vide a notification issued in March 2015, Nokia said it had paid additional duty of customs at the rate of 6%.
Case title: M/S MJ Bizcrafts LLP Through Partner Rajender Kumar v. Central Goods And Services Tax Delhi South Commissionerate Through Its Commissioner & Ors.
Case no.: W.P.(C) 9061/2025
The Delhi High Court has observed that once an appeal is filed by the assessee under Section 107 of the Central Goods and Services Tax Act 2017 and pre-deposit is made, there is “automatic stay” of the impugned order raising demand.
A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta thus interdicted the bank from attaching the account of an assessee, who had preferred an appeal against demand. It observed, “A perusal of Section 107(7) of the Central Goods and Services Tax Act, 2017 and the judgments relied on, would show that once an appeal is filed and pre-deposit is made, there is automatic stay of the impugned order. In view thereof, the attachment of the bank account is not sustainable.”
Case title: Bhupender Kumar v. Additional Commissioner Adjudication CGST Delhi North & Ors.
Case no.: W.P.(C) 9141/2025
The Delhi High Court has made it clear that Section 122(1A) of the Goods and Services Tax Act 2017 can be imposed retrospectively, provided the show cause notice had been issued to the assessee when the provision was introduced.
Section 122 contemplates penalties for certain offences under the GST Act, including fraudulent availment of input tax credit. Section 122(1A) was introduced by the Finance Act 2020 and came into effect on 1 January 2021. It prescribes that any person who retains the benefit of wrongfully availed ITC, etc. and at whose instance such a transaction is conducted, shall be liable to penalty.
Case title: Tungsten Automation England Limited (Formerly Known As Tungsten Network Limited) v. Deputy Commissioner Of Income Tax, International Taxation, Circle 3(1)(1) New Delhi
Case no.: ITA 92/2025
The Delhi High Court has made it clear that consideration paid for merely availing services that require technical expertise would not qualify as 'Fees for Technical Service' under Article 13 of the India-UK DTAA.
A division bench of Justices Vibhu Bakhru and Tejas Karia observed that unless the recipient absorbs the technology and exploits it independently, it cannot qualify as 'FTS' which is taxable in India for the service provider.
Case title: Neeraj Bharadwaj v. Assistant Commissioner Of Income Tax, Circle Int Tax 1(1)(2) & Anr
Case no.: W.P.(C) 3979/2025
The Delhi High Court has made it clear that assessments under Section 153C of the Income Tax Act, 1961 can be made on a non-searched entity only when the Assessing Officer has incriminating material which “has a bearing” on its total income.
A division bench of Justices Vibhu Bakhru and Tejas Karia rejected Revenue's contention that there was no requirement that the information contained in the seized material which relates to a non-searched person should have a bearing on his income for the AO to assume jurisdiction under Section 153C.
Case title: Anurag Dalmia v. Income Tax Office
Case no.: CRL.M.C. 1575/2018
The Delhi High Court has quashed the criminal proceedings initiated against an assessee under Section 276C, 276D and 277 of the Income Tax Act 1961 merely on the basis of some unauthorised documents alleging existence of an undisclosed Swiss Bank account in his name.
In doing so, Justice Neena Bansal Krishna observed, “Merely on some unauthenticated information received from a third Country with no material evidence, is not sufficient to make out a prima facie case and there cannot be a presumption that a person has committed any wrongdoing.Thus, mere surmise and conjectures is not enough to prosecute a person alleging a criminal offence under Section 276D.”
Gujarat HC
Case Title: Commissioner of Income Tax (International Taxation and transfer Pricing v. M/s Adani Wilmar Ltd.
Case Number: R/TAX APPEAL NO. 514 of 2024
The Gujarat High Court stated that DTAA (Double Taxation Avoidance Agreement) prevails over Section 206AA of Income Tax Act for TDS on payments to non-residents without PAN.
Justices Bhargav D. Karia and Pranav Trivedi was addressing the appeals pertains to alleged short deduction of TDS and raising demand by invoking provisions of section 206AA of the Income Tax Act, 1961.
Gujarat High Court Upholds Validity Of GST Advisory On Interest For Delayed Tax Payment
Case Title: Reliance Formulation Private Limited v. Assistant Commissioner of State Tax, Ghatak 21, Division 2
Case Number: R/SPECIAL CIVIL APPLICATION NO. 5453 of 2025
The Gujarat High Court has upheld the validity of the GST advisory on interest for delayed tax payment.
Justices Bhargav D. Karia and Pranav Trivedi stated that the reference to Section 79 of the GST Act in the advisory is only to put the assessee on guard as to such outstanding liability as per the record of the Authority so that the assessee can either make the payment of such liability if agreed or may oppose the same when the notice in Form GST DRC-01D is received by the assessee for recovery of such amount.
Case Title: Sazid Ali Khan v. Office of Principal Commissioner, Central GST and Central Excise Commissionerate, Vadodara-I & Ors.
Case Number: R/SPECIAL CIVIL APPLICATION NO. 6437 of 2025
The Gujarat High Court held that GST officers issuing summons/arrest memo are not required to be cross-examined by assessee.
Justices Bhargav D. Karia and Pranav Trivedi observed that the assessee wants to cross-examine the persons who belongs to the department who have either issued the summons or arrest memo. Such persons are not required to be cross-examined by the assessee.
Jammu & Kashmir HC
Case-Title: IQBAL MUBARIK vs UT of J&K
Case no.: WP(C) No. 1154/2024
The Jammu and Kashmir High Court has held that the Department of Home is liable to reimburse GST in addition to the fixed rent to hotel owners whose accommodations have been requisitioned for housing security forces. The petitioner had filed the petition seeking a direction that the tax amount be paid or reimbursed separately by the Home Department over and above the fixed rent.
A bench of Justices Sanjay Parihar and Sanjeev Kumar observed that while the rental rates were fixed much earlier, the introduction of GST makes it mandatory for hoteliers to register under the Act and pay tax on the rental income.
Himachal Pradesh HC
Case Title: Gagandeep Singh and another v. State of H.P. and another
Case Number: Cr. MMO No. 338 of 2024
The Himachal Pradesh High Court stated that fake supplier addresses indicate prima facie GST evasion and refused to quash complaint under Section 69 of CGST Act.
“When the officials went to the addresses mentioned in the invoices and found that no such entity existed, it was sufficient to infer that the invoices were fake, and the material shown to have been supplied as per the invoices could not have been supplied since no such person existed at the given address”, stated the bench.
Karnataka HC
Case Title: B S Gupta AND The Commissioner & ANR
Case No: WRIT PETITION NO. 46688 OF 2017
The Karnataka High Court has set aside an advertisement tax demand notice issued by the Bruhat Bengaluru Mahanagara Palike (BBMP) to an educational institution for displaying non-commercial signage and boards on its own property.
Justice Sachin Shankar Magadum held thus while allowing the petition filed by BS Gupta, Secretary of Gupta Education Trust, who had challenged the legality/validity of the order issued by BBMP, under Section 134 of the Karnataka Municipal Corporation Act, 1976.
Case Title: M/S. KALPATHARU BREWERIES & DISTILLERIES PRIVATE LIMITED AND State of Karnataka & Others
Case No: WRIT PETITION NO.26031 OF 2017
The Karnataka High Court has held that the Gram Panchayat cannot levy or collect property taxes in respect of Industrial establishments located within areas notified by the Karnataka Industrial Areas Development Board (KIADB). Mere execution of a lease-cum-sale agreement or any administrative communication cannot vest power in the Gram Panchayat to levy tax in the absence of express delegation or statutory backing.
Justice Sachin Shankar Magadum held thus while allowing a batch of petitions and quashing the demand notices issued by the Sompura Gram Panchayat levying property tax on the industrial property of the petitioners located within the notified industrial area established and maintained by the respondent-Karnataka Industrial Areas Development Board (KIADB).
IGST Not Leviable On Secondment Of Employee From Overseas Group Companies: Karnataka High Court
Case Title: M/s Alstom Transport India Limited v. Commissioner of Commercial Taxes
Case Number: WRIT PETITION NO.1779 OF 2025 (T-RES)
The Karnataka High Court held that IGST is not leviable on secondment arrangement with overseas entities.
Justice Sachin Shankar Magadum was addressing the issue of whether a secondment constitutes a taxable supply of manpower services or a non-taxable employer-employee relationship exempt under Schedule III of the CGST Act.
Case Title: M/s Muni Naga Reddy HUF v. The Assistant Commissioner of Commercial Taxes
Case Number: WRIT PETITION NO. 12543 OF 2025 (T-RES)
The Karnataka High Court has directed the GST department to establish tracking system for notices sent to the taxpayers via email
Justice Suraj Govindaraj stated that it is required for the department to establish a system to ascertain delivery of e-mail notices, when the said e-mail was opened and when the email was read.
Kerala HC
Case Title: Geetha K.K v. Assistant Commissioner
Case Number: WP(C) NO.9318 OF 2025
The Kerala High Court stated that assessment proceedings against deceased person invalid without notice to legal heirs under Section 93 CGST Act.
Justice Ziyad Rahman A.A. addressed the issue where the wife of the deceased, challenged the GST DRC-07 summary order issued in the name of her deceased husband.
Case Title: Asgar Ali v. Union of India
Case Number: WP(C) NO. 27856 OF 2022
The Kerala High Court stated that absence of an express reference to the conveyance in the confiscation order does not exclude it from confiscation.
Justice Ziyad Rahman A.A. stated that merely because of the reason that, while ordering the confiscation in the order, the conveyance was not specifically included, it cannot be assumed that, the conveyance of the assessee was exonerated from the confiscation proceedings.
Case Title: Ison George v. State of Kerala
Case Number: WA NO. 753 OF 2020
The Kerala High Court stated that luxury tax under Section 5A Of Kerala Building Tax Act is constitutionally valid post 101st Amendment to the Constitution but a demand that extends to more than three years prior to the date of the demand notice cannot be legally sustained.
Justices A.K. Jayasankaran Nambiar and P.M. Manoj opined that “Entry 49 of List II of the 7th Schedule to the Constitution deals with 'taxes on lands and buildings' and so long as the charge under Section 5A of the Kerala Building Tax Act can be traced to the power of the State Legislature under Article 246 r/w Entry 49 of the List II of 7th Schedule to the Constitution, the argument against legislative competitiveness must necessarily fail.”
Case Title: M/s Cappithan Agencies v. Commissioner of Customs
Case Number: CUS. APPEAL.NO.1 OF 2024
The Kerala High Court stated that no right to reinstatement of customs broker license after breach of trust with customs department.
Justices A.K. Jayasankaran Nambiar and P.M. Manoj stated that “…..the relationship between the Customs Department and the Customs Broker appointed in terms of the Regulations is essentially one of trust. Once that trust is broken, and the Customs Broker ceases to inspire the confidence of the Customs Department in relation to his functioning, he loses the right to seek a reinstatement of his license under the Regulations.”
Case Title: M/s Premier Marine Foods v. Union of India
Case Number: WP(C) NO.46801 OF 2024
The Kerala High Court stated that customs cannot rely on Sec. 122A to deny personal hearing mandatory under Section 28(8) of the Customs Act.
Justice Ziyad Rahman A.A. after analysing Section 28(8) of the Customs Act observed that it is evident that, as far as personal hearing is concerned, it is made mandatory as per the provision. Since this is a special provision deals with the issue on hand, the reliance placed by the department upon Section 122A, which is a general provision, cannot be made applicable to the case.
Case Title: Manu Valiyaveettil Madhu v. Additional Commissioner of Customs
Case Number: WP(C) NO. 42612 OF 2024
The Kerala High Court stated that service of notice on the adult member of noticee is valid under Section 153 Of Customs Act, 1962 which outlines the modes of service for notices, orders, summons, and other communications under the Act and its rules.
Justice Ziyad Rahman A.A. stated that “the contentions that the assessee was denied a proper opportunity to contest the matter cannot be accepted. The notice was served upon the assessee through the elderly member of the family is admitted and later, an opportunity to appear through virtual mode was availed by the assessee. By utilizing the said opportunity, the assessee appeared before the adjudicating officer concerned and offered his explanation without raising any contention with regard to the non-receipt of show cause notice or denial of opportunity to submit an explanation to the show cause notice.”
Case Title: Mr. Thomas Joseph v. Union of India
Case Number: WA NO. 430 OF 2025
The Kerala High Court has allowed the settlement application under Section 245A of the Income Tax Act filed beyond cutoff date, while citing Supreme Court's COVID limitation order.
Justices A.K. Jayasankaran Nambiar and P.M. Manoj referred to the order of Supreme Court in MA. Nos.665 of 2021 [In Re Cognizance For Extension Of Limitation] and stated that the assessee had filed the application for settlement on 17.03.2022, which is well within the time granted by the Supreme Court taking note of the Covid pandemic situation.
Case Title: Salim Aboobacker v. The Income Tax Officer
Case Number: WP(C) NO. 12164 OF 2023
The Kerala High Court held that proceedings under Section 148A of Income Tax Act not sustainable if escaped income is below Rs. 50 lakhs and notice issued after 3-years.
Justice Ziyad Rahman A.A. stated that “when the order of the assessing authority is found to be without jurisdiction and hit by the period of limitation, it is not necessary to relegate the party concerned to undergo the rigor of the statutory proceedings”.
Case Title: Sherly Thomas Nalpathamkalam v. State of Kerala
Case Number: WP(C) NO. 3826 OF 2023
The Kerala High Court stated that occupancy certificate not final for plinth area determination under Section 6 of the Kerala Building Tax Act.
Justice Ziyad Rahman A.A. was addressing the issue where challenge raised by the assessee was against the assessment of building tax and luxury tax, by mainly placing reliance upon Occupancy Certificate.
Case Title: Keerampara Service Co-operative Bank Ltd. v. The Income Tax Officer
Case Number: WP(C) NO. 15933 OF 2022
The Kerala High Court quashed Income Tax proceedings under Section 148 against co-operative society initiated on cancelled PAN.
Justice Ziyad Rahman A.A. observed that the transactions pertain to the relevant assessment year were carried out based on the PAN card that was then in existence, which was later cancelled. By the time the proceedings of assessment were initiated by issuing a notice under Section 148, the assessee was issued with a new PAN card, wherein, the status of the assessee was shown as the AOP (Association of Persons).
Case Title: M/s Ginger Fashions Pvt. Ltd. v. Union of India
Case Number: WP(C) NO.5495 OF 2023
The Kerala High Court stated that AD-I banks authorized by RBI can grant extension for export drawback claims, RBI's direct approval not mandatory.
Justice Ziyad Rahman A.A. stated that the Master Circular published in this regard indicates that it is not necessary that extension should come from the Reserve Bank of India itself as the AD-I bank are authorized to grant such extension.
Case Title: Mediacloud Studio Private Limited v. The Assessment Unit
Case Number: WP(C) NO. 17312 OF 2025
The Kerala High Court stated that reply to one SCN on old email cannot justify non-service of subsequent notice on updated email.
Justice Ziyad Rahman A.A. stated that “one of the notices issued under Section 142(1) of the Income Tax Act was indeed served to the assessee in the old email ID, which was after updating the email ID. The assessee also submitted a response to the said notice as well. However, that by itself cannot be a reason to reject the contentions put forward by the assessee.”
Case Title: M/s Luxe Panel Distributors v. The Additional Commissioner of Customs
Case Number: WP(C) NO. 18501 OF 2025
The Kerala High Court held that the benefits to registered retail traders under MSMED Act, 2006 (Micro, Small and Medium Enterprises Development Act, 2006) limited to priority sector lending only, and are not eligible for QCO [Plywood and Wooden flush door shutters (Quality Control) Order, 2024] exemption.
Justice Ziyad Rahman A.A. stated that “the entire category of wholesale and retail trades were excluded completely from the purview of MSMED Act and later, they were re-included within the purview of the Act. Such re-inclusion was for a limited purpose of availing priority sector lending. Therefore, since such inclusion was for a limited purpose, which is confined to the priority lending only, nothing beyond such benefits can be claimed by the Micro Enterprises, coming within the category of wholesale and retail trade.”
Case Title: A One Milk Products Pvt. Ltd. v. State of Kerala
Case Number: WP(C) NO. 14218 OF 2023
The Kerala High Court has upheld triple tax on unauthorised construction due to lack of proof of deemed permit.
Justice Ziyad Rahman A.A. stated that “in the absence of any documents indicating the submission of application for permit and inaction on the part of the Panchayat in considering the said application, the contention of the assessee as to the deemed permit cannot be accepted.”
Department Serving Notice Via WhatsApp Post-COVID Is Not Valid U/S 169 CGST Act: Kerala High Court
Case Title: Mathai M.V. v. The Senior Enforcement Officer
Case Number: WA NO. 973 OF 2025
The Kerala High Court stated that notice via WhatsApp was permitted only during COVID-19 pandemic and is not a valid mode of service under Section 169 CGST Act. Section 169 of the Central Goods and Services Tax (CGST) Act, 2017, outlines various methods for serving notices, orders, or communications under the GST law.
Justices Nitin Jamdar and Basant Balaji was addressing the case where the department had served the detention and confiscation order to the assessee through WhatsApp.
Case Title: Alamana Abdul Shaji Ummerkutty v. The Income Tax Officer
Case Number: WP(C) NO.12516 OF 2023
The Kerala High Court stated that the powers of revisional authority under Section 264 of the Income Tax Act is confined to reviewing existing orders, and the authority cannot issue directions to the assessing authority. Section 264 of the Income Tax Act, 1961 empowers the Principal Chief Commissioner, Chief Commissioner, Principal Commissioner, or Commissioner to revise certain orders.
Justice Ziyad Rahman A.A. agreed with the department that powers conferred upon the revisional authority are confined to examine the sustainability of an order passed under the provisions of the Act and it does not extend to issuing orders to the assessing authority without reference to any order so passed.
Case Title: Perinthalmanna Municipality v. Abdul Kareem
Case Number: W.A.NO.1090 OF 2024
The Kerala High Court stated that property tax can't be levied without following statutory assessment procedure under Section 233 of Kerala Municipality Act, 1994.
Justices A.K. Jayasankaran Nambiar and P.M. Manoj stated that without complying with the procedural formalities required to bring the rate of tax and the measure of tax to the knowledge of the prospective assessees, the levy of property tax cannot be seen as having come into existence vis-a-vis those assessees.
Case Title: S.P. Faizal v. State of Kerala
Case Number: ICR (OT.REV) NO. 3 OF 2025
The Kerala High Court, overruling its earlier decision in C.P. Rasheed v. State of Kerala, has held that input tax credit can be availed under the Kerala Value Added Tax Act, 2003 if the purchaser has genuine tax invoices even if the seller fails to remit tax.
The bench opined that “the input tax credit can be legitimately availed by the purchasing dealer under the Kerala Value Added Tax Act, 2003, even in cases where the selling dealer failed to remit the tax due to the government, provided that the purchasing dealer has strictly complied with all statutory requirements including possession of genuine tax invoices as required under the statute.”
Madhya Pradesh HC
Case Title: M/s Hindustan Equipment Pvt. Ltd. v. State of M.P.
Case Number: WRIT PETITION No. 12770 of 2021
The Madhya Pradesh High Court stated that taxpayers with pending appeals are eligible for 50% relief under the 2020 Samadhan Scheme (The Madhya Pradesh Karadhan Adhiniyamon Ki Puranee Bakaya Rashi Ka Samadhan Adhyadesh, 2020).
Justices Vivek Rusia and Binod Kumar Dwivedi observed that the assessee's case is pending before the appellate authority, and the department wrongly considered the case of the assessee under Category 1 of Section 4(1) of the Ordinance, which deals with the amount related to the statutory certificate/declaration.
Madras HC
Case Title: M/s. Adyar Gate Hotel Ltd. v. The Commissioner of Customs
Case Number: C.M.A. Nos.71 & 131 of 2025
The Madras High Court stated that customs department bound by DGFT's classification of capital goods under EPCG scheme (export promotion capital goods scheme).
The Division Bench consists of Justices Anita Sumanth and N. Senthilkumar observed that “there is no justification in the Department having made the assessee litigate the issue needlessly despite the CBEC having categorically confirmed as early as in 2002 that the Customs Department must align with the stand of the DGFT and DG (Tourism) in matters of imports by hotels. The licence where the imports have been classified as 'capital goods' has not been revoked or withdrawn and it is nobody's case that the licence has been obtained on a wrongful or fraudulent basis.”
Case Title: The State of Tamil Nadu v. Tvl. Aro Granite Industries Ltd.
Citation: 2025 LiveLaw (Mad) 230
The Madras High Court has stated that the assessing authority is not bound by the appellate tribunal's observations in a De Novo assessment.
Justices Anita Sumanth and N. Senthilkumar opined that while concluding the assessment de novo, the assessing authority is not bound by the observations made by the first appellate authority.
Case Title: M/s. Eminent Textiles Mills Private Limited v. The State Tax Officer & Ors.
Case Number: W.A(MD) No.1821 of 2025 and C.M.P.(MD)No.10304 of 2025
The Madras High Court stated that the GST authority can dismiss the rectification application without a personal hearing. The issue before the bench was whether the third proviso to Section 161 of the TNGST Act, 2017, requires complying with the principles of natural justice even for dismissing a rectification petition.
The Bench of Justices G.R. Swaminathan and K. Rajasekar observed that “When the rectification application is dismissed as such without there being anything more, the original order stands as such. In that event, there is no rectification at all. When there is no rectification, there is no question of invoking the principles of natural justice.”
Orissa HC
Reconstituted GSTAT Selection Committee Has Power To Restart Process Afresh: Orissa High Court
Case Title: Pranaya Kishore Harichandan v. Union of India
Case Number: W.P.(C) No.15220 of 2025
The Orissa High Court held that the reconstituted GSTAT (Central Goods and Services Tax Appellate Tribunal) selection committee has the authority to restart the entire appointment process.
“…….Mere offering the candidature in a public employment does not create indefeasible or inchoate right into the appointment. Even a person, whose name is included in the select list, cannot claim a vested right on appointment. It is within the prerogative of the Committee or the Appointing Authorities to appoint a person to a post subject to the fulfillment of the various criteria envisaged in the statutory provisions” opined the Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman.
TRIBUNALS
Case title: Samsung India Electronics Pvt. Ltd. & Ors. v. Principal Commissioner of Customs
Case no.: CUSTOMS APPEAL NO. 50727 OF 2021
The Customs, Excise & Service Tax Appellate Tribunal at Delhi has held that lithium-ion batteries used for the manufacture of mobile phones up to March 31, 2020 would attract 12% GST.
A Bench of Justice Dilip Gupta (President) and Hemambika R. Priya (Technical Member) added that if lithium-ion batteries were not used in the manufacture of mobile phones, they would attract 28% GST up to July 26, 2018 and 18% GST thereafter until March 31, 2020.
HIV Test Kits Qualify As Life-Saving Diagnostic Kits; Eligible For Customs Duty Exemption: CESTAT
Case Title: M/s Cepheid India Private Limited v. The Principal Commissioner of Customs
Case Number: CUSTOMS APPEAL NO. 52186 OF 2022
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that HIV-VL test kits qualify as life-saving diagnostic kits and is eligible for customs duty exemption.
The Bench of Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) has observed that the HIV-VL test kits are “life-saving diagnostic kits” used for detection and prognosis of HIV-virus in a human body.
Case Title: M/s Goldstar Glasswares Pvt. Ltd. v. Principal Commissioner of Customs
Case Number: CUSTOMS APPEAL NO. 52752 OF 2019
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that bonafide declaration of value of goods can't be treated as suppression merely for being incorrect.
The Bench of Justice Dilip Gupta (President) and Hemambika R. Priya (Technical Member) has observed that the declaration of the value of goods was a bonafide declaration and merely because it is ultimately found to be incorrect will not mean that the valuation was with a bad motive not declared correctly. Penalty under sections 112 and 114AA of the Customs Act could not, therefore, have been imposed upon the assessee.
Case Title: Shri Rahul Agarwal v. Commissioner CGST, Customs & Central Excise, Jabalpur
Case Number: SERVICE TAX APPEAL NO. 50395 OF 2019
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that construction sub-contractor cannot escape service tax liability when main contractor is taxable.
The Bench of Binu Tamta (Judicial Member) and Hemambika R. Priya (Technical Member) has stated that the construction of residential complexes was not exempt from service tax duty. Hence, the sub-contractors were liable to discharge their service tax liability on such services provided by them to the main contractor.
Notional Cost Of Maruti's Free Designs Supplied To Vendors Not Dutiable Under Central Excise: CESTAT
Case Title: M/s Bosch Ltd. v. Commissioner of CGST & Central Excise, New Delhi
Case Number: Excise Appeal No. of 50587 of 2025
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that notional cost of Maruti's free designs supplied to vendors not dutiable under Central Excise.
The Bench of Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) was addressing the issue whether the notional cost of drawings and designs supplied free of cost by Maruti to the vendor should be included in the assessable value of parts or components manufactured by vendor and cleared to Maruti for the purpose of payment of central excise duty.
CESTAT Quashes Service Tax Demand Based Solely On Income Tax Data In Form 26AS
Case Title: M/s Shree Ganesh Telecom Pvt. Ltd. v. Commissioner (Appeals), Central Goods & Service Tax & Central Excise, Indore
Case Number: Service Tax Appeal No. 50211 of 2024
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that the service tax demand cannot be based solely on Income Tax Data in Form 26AS without establishing receipt of consideration.
The Bench of Dr. Rachna Gupta (Judicial Member) stated that “Revenue cannot raise the demand on the basis of difference in the figures reflected in the ST-3 returns and those reflected in Form 26AS without examining the reasons for said difference and without establishing that the entire amount received by the appellant as reflected in the Form 26AS is the consideration for services provided and without examining whether the difference was because of any exemption or abatement”.
Case Title: Bharat Heavy Electricals Limited v. Commissioner of CGST & Central Excise, Bhopal
Case Number: Excise Appeal No. 55256 of 2023
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that interest on delayed refund is statutorily mandated after 3 months under Section 11BB Of Central Excise Act.
Section 11BB of the Central Excise Act, 1944 mandates that if a duty refund is not processed within three months from the receipt of an application, the applicant is entitled to interest on the delayed amount. It empowers Central Government to fix rate between 5-30% through notification. Notification 67/2003 validly issued fixing 6% rate.
Case Title: M/s. Mondelez India Foods Pvt. Ltd. v. The Commissioner of CGST & Central Excise
Case Number: Excise Appeal No. 50720 of 2020
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that 'perk' products are 'wafer biscuits', not chocolates and are entitled to the benefit of the exemption notification.
Justice Dilip Gupta (President) and Hemambika R. Priya (Technical Member) were addressing the issue of whether Perk, ULTA Perk, Perk Poppers and Wafer Uncoated Reject manufactured by the assessee are classifiable under Excise Tariff Item 1905 32 11 of the Central Excise Tariff Act, 1985 or under ETI 1905 32 90.
Demand U/S 73A Of Finance Act Unsustainable Without Proof Of Service Tax Collection: CESTAT
Case Title: Taj Sats Air Catering Limited v. Principal Commissioner of Central Goods, Service Tax and Central Excise, Delhi South
Case Number: Service Tax Appeal No. 51544 Of 2018
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that demand under Section 73A Of Finance Act unsustainable without proof of service tax collection.
Dr. Rachna Gupta (Judicial Member) and Hemambika R. Priya (Technical Member) stated that “the invoice does not indicate any service tax collection by the assessee. The assessee had merely collected VAT and AAI levy from their clients, and no amount representing Service tax has been collected. Consequently, the demand under Section 73A cannot be sustained in respect of 5 of the Show Cause Notices issued to the assessee.”
Case Title: M/s. Achiever International v. Commissioner of Customs – Delhi II
Case Number: Customs Appeal No. 248 of 2012
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that goods not prohibited under foreign trade policy still require valid IEC (Importer Exporter Codes), import using bogus codes is impermissible.
Dr. Rachna Gupta (Judicial Member) and P.V. Subba Rao (Technical Member) observed that there is nothing in the FTDR Act (The Foreign Trade (Development and Regulation) Act, 1992 which provides for any IEC holder to lend his IEC to somebody else or for anyone to import goods borrowing someone else's IEC.
No Service Tax On 'Upfront Fee' Received By DMRC From Customers Under Concession Agreement: CESTAT
Case Title: M/s. Delhi Metro Rail Corporation Ltd. v. Commissioner of Central Excise, & Service Tax
Case Number: SERVICE TAX APPEAL NO. 55198 of 2014
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that no service tax on 'upfront fee' received by DMRC (Delhi Metro Rail Corporation) from customers under concession agreement.
Binu Tamta (Judicial Member) and Hemambika R. Priya (Technical Member) was addressing the issue of whether the “upfront fee” received by the Delhi Metro Rail Corporation Ltd. from various customers under the Concession Agreements entered prior to 1.7.2010 is exigible to service tax on or after 1.7.2010 under “Renting of Immovable Property Services”.
Service Tax To Be Paid By Distributor, Not By Theatre Owner For Film Screening: CESTAT
Case Title: M/s. M2K Entertainment (P) Ltd. v. Commissioner of Central Tax, (Delhi West)
Case Number: Service Tax Appeal No.54027 of 2018
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that service tax has to be paid by the distributor under “Copy Right Service” for transfer of right by licence to screen the film in the theatre of the owner.
Binu Tamta (Judicial Member) and Hemambika R. Priya (Technical Member) stated that “the purpose of the agreement and the intention of the parties is for screening of the film in the theatre, which cannot be treated as “Renting of Immovable Property Service”. Moreover, the element of consideration, i.e. the quid pro quo for services, which is a necessary ingredient of any taxable service is absent. The revenue has not been able to establish the service provider and service recipient relationship between the assessee and the distributor. Consequently, no service tax can be levied on the assessee.”
Customs Act | Mere Purchase Of Gold Without Bill Not Enough To Prove Gold Smuggling: CESTAT
Case Title: Rajesh Sehgal v. Principal Commissioner of Customs Preventive, New Delhi
Case Number: Customs Appeal No. 51467 of 2022
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that mere purchase of gold without bill not enough to prove gold smuggling.
Dr. Rachna Gupta (Judicial Member) opined that the mere act of purchasing gold without bill is highly insufficient to confirm the grave allegations of conspiring the act of smuggling of gold. The order imposing penalty on the appellants and confiscating their money is not sustainable.
Case Title: M/s Environment Planning & Coordination Organization v. The Principal Commissioner, Customs, Central Excise and Service Tax, Bhopal
Case Number: SERVICE TAX APPEAL NO. 52116 OF 2018
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that CENVAT Credit can't be claimed on note sheets and sanction orders and required valid documents with mandatory details.
Dr. Rachna Gupta (Judicial Member) and P.V. Subba Rao (Technical Member) stated that it is not open to the assessee to take CENVAT credit on the basis of note sheets or sanction orders or invoices which do not have the essential details. The assessee could take CENVAT credit only on the strength of proper and valid documents.
No Service Tax On Target-Based Discounts From Maruti Suzuki To Dealers: CESTAT
Case Title: M/s. Vipul Motors Private Limited v. Principal Commissioner of CGST & Central Excise, Jaipur - I
Case Number: Service Tax Appeal No. 52943 of 2019
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that no service tax on target-based discounts from Maruti Suzuki to dealers.
Dr. Rachna Gupta (Judicial) and P.V. Subba Rao (Technical Member) stated that the incentives/ discounts received by the dealers of car manufacturer were not taxable under Auxiliary Service (BAS), as they were the part of a business transaction on a principle-to-principle basis.
Customs | Counter Vailing Duty Not Applicable On Import Of Pan Masala Processing Machines: CESTAT
Case Title: M/s. Dharampal Satyapal Ltd. v. Commissioner of Customs – New Delhi
Case Number: Customs Appeal No. 51630 of 2022
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that Counter Vailing Duty (CVD) is not applicable on import of pan masala processing machines.
Dr. Rachna Gupta (Judicial Member) and P.V. Subba Rao (Technical Member) stated that the assessee is the manufacture of the PanMasala and has imported the machines for cutting / grinding / sorting of Areca Nuts (Supari/seed), the raw material of the Pan Masala. From the description of the three of the machines it becomes apparently clear that assessee has imported machines for carrying out such functions only as are specifically mentioned under CTH 8437200.
Case Title: Smt. Lakshmi Narasimhan Santhi v. The Asst. Commissioner of Income Tax
Case Number: ITA No.:3013/CHNY/2024
The Chennai Bench of Income Tax Appellate Tribunal (ITAT) has held that S.148 Income Tax notice issued after 31.03.2021 under old regime invalid despite TOLA [Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020] extension.
George George K. (Vice President) and S.R. Raghunatha (Accountant Member) observed that due to COVID-19, the Government introduced the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 (TOLA), extending time limits. Accordingly, the time available for the Department to issue notice u/s 148 of the Act under Old Regime, falling during the period from 20.03.2020 till 31.03.2021, were extended till 30.06.2021.
Case Title: M/s. Uflex Limited v. Commissioner of Customs (Import)-New Delhi
Case Number: Customs Appeal No. 51897 of 2024
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that anti-dumping duty paid by mistake in self-assessment has no legal character of 'duty' and must be refunded.
Dr. Rachna Gupta (Judicial Member) stated that the assessee had added the amount of Anti-dumping duty while self-assessing the customs duty liability. Hence the Anti-dumping duty added to the amount of duty while self-assessing the Bill of Entry cannot take the character of duty.
Case Title: State of Maharashtra v. M/s. Castrol India Ltd.
Case Number: CENTRAL SALES TAX APPEAL NO. 13 OF 2017
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that movement of goods to carrying and forwarding agents in other states is stock transfer, not inter-state sale, central sales tax not leviable.
Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) stated that “the supplies made from the stockyards/warehouses to the Distributors would be a local sale in the State where the stockyards/warehouses are situated. Until the goods are appropriated by the stockyards/warehouses from out of the stocks available with them, they continue in the inventory of the stockyards/warehouses. Thus, supplies made to the stockyards/warehouses are merely stock transfers.”
Case Title: M/s J.N. Investments & Trading Company Private Limited v. Additional Director General (Adjudication), New Delhi
Case Number: Service Tax Appeal No. 52875 of 2019
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that the transfer of approvals/allotments acquired from government involves business support services, attracts service tax.
Dr. Rachna Gupta (Judicial Member) and P.V. Subba Rao (Technical Member) stated that the approvals and allotments so obtained are not 'profit a prendre' hence cannot be called as benefit arising out of immovable property. Assessees are rightly held to have rendered the Business Support Services to EIL/WWIL.
Case Title: M/s. T.A. Pai Management Institute v. The Commissioner of Central Excise and Service Tax
Case Number: Service Tax Appeal No. 2374 of 2011
The Bangalore Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that placement services to MNCs by the educational trust is liable to service tax under 'manpower recruitment services'.
P.A. Augustian (Judicial Member) and R. Bhagya Devi (Technical Member) was addressing the issue of whether the recruiting facility to MNCs and other recruiting organisations by the assessee is liable to service tax under the category of 'Manpower Recruitment or Supply Agency Service'.
Skill Development Programmes Approved By Govt Qualify For Service Tax Exemption: CESTAT
Case Title: M/s. M.M. Group v. Commissioner of C.G.S.T. and Central Excise
Case Number: Service Tax Appeal No. 75950 of 2022
The Kolkata Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that Skill Development Programme approved by the Ministry of Labour and Employment, Government of India is eligible for the exemption from payment of service tax.
K. Anpazhakan (Technical Member) stated that the programme undertaken by the assessee is approved by the Government and hence the activity undertaken by them is eligible for the exemption from payment of Service tax, as the said activity are covered under Sl. No. 9A of Notification No. 25/2012-S.T. dated 20.06.2012.
Loose Sheets And Private Diaries Not Sufficient Evidence For Excise Duty Demand: CESTAT
Case Title: M/s DD Iron & Steel Pvt. Ltd. v. Commissioner of CGST & Central Excise, Rourkela
Case Number: Excise Appeal Nos. 76871-76872 of 2016
The Kolkata Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that loose sheets and private diaries is not sufficient evidence for excise duty demand.
R. Muralidhar (Judicial Member) and Rajeev Tandon (Technical Member) stated that mere tallying of certain entries, does not make out these loose sheets to be complete evidence of the purchases and sales and other details pertaining to the assessee.
Case Title: Sivakarthick Raman v. The Assistant Commissioner of Income Tax
Case Number: ITA No.:281/Chny/2025
The Chennai Bench of Income Tax Appellate Tribunal (ITAT) has stated that salary received by Chinese resident for the services in China not taxable in India, even if credited to the Indian bank account.
Manu Kumar Giri (Judicial Member) and S.R. Raghunatha (Accountant Member) observed that “the AO has disallowed the exemption claimed with respect to salary received in India for services rendered in China as taxable in India since the salary has been credited by BMW India Pvt Ltd into the assessee's account at Chennai from the payroll account of Chennai……. The salary income for services rendered in China has been rightly offered tax by the assessee in China.”
Case title: Indian National Congress All India Congress Committee v. DCIT Central Circle-19, New Delhi
Case no.: ITA No.1609/Del/2023
The Income Tax Appellate Tribunal dismissed an appeal by the Indian National Congress seeking income tax exemption for the income of ₹199.15 crore during the assessment year 2018-19.
The Tribunal rejected the party's claim for exemption on the ground that there was a violation of the conditions in Section 13A of the Income Tax Act. The returns were filed late, the ITAT noted. Calling for a strict interpretation of the exemption clause, the ITAT observed that "the moment there is violation of such a “due” date, section 13A 3rd proviso gets attracted, so as to result in denial of exemption to the political party concerned."
Case Title: Riyaz Sayed Abdul Aziz v. Commissioner of Customs (Export)
Case Number: CUSTOMS APPEAL No. 85411 of 2024
The Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that Section 114 AA Customs Act is applicable only for dummy exports made only on paper, not actual export of goods.
S.K. Mohanty (Judicial Member) and M.M. Parthiban (Technical Member) stated that it has been made clear that the imposition of enhanced penalty under Section 114AA of Customs Act is applicable only for serious frauds being committed in cases where no goods are being exported, but only papers are being created for availing the number of benefits under various export promotion schemes.
Case Title: M/s. Raipur Development Authority v. Commissioner of Customs, Central Excise and Service Tax, Raipur
Case Number: Service Tax Appeal No. 53203 of 2015
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that leasing out land for 90 years against one-time payment constitutes transfer of immovable property, exempt from service tax.
Dr. Rachna Gupta (Judicial) and P.V. Subba Rao (Technical Member) were addressing the issue of whether the act of transferring the land on lease for a period of 90 years against the one-time premium giving all rights of use, possession and even sale to the developer amounts to fall under the definition of service or under the definition of renting of immovable property.
Goods Used As Implants Or Rehabilitation Aids Are Eligible For Customs Duty Exemption: CESTAT
Case Title: Smith & Nephew Healthcare Private Limited v. Commissioner of Customs (Import)
Case Number: CUSTOMS APPEAL No. 87524 of 2024
The Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that goods used as implants or rehabilitation aids are eligible for Customs Duty exemption.
S.K. Mohanty (Judicial Member) and M.M. Parthiban (Technical Member) observed that “since, the implants such as repair of knee, hip and other joints, shoulder and various other parts of the body; repair of soft tissue injuries and degenerative conditions of the shoulder etc., are in the nature of instruments/implants described in item (B)(1), the impugned goods are also specifically covered under the List-30 and List-3 of the notifications No. 50/2017-Customs and No.01/2017-Integrated Tax (Rate).”
No Excise Duty On Manufacture Of Drip Irrigation System And Its Component Parts: CESTAT
Case Title: Jain Irrigation Systems Limited v. Commissioner of Central Excise & Customs
Case Number: EXCISE APPEAL No. 137 of 2007
The Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that no excise duty on manufacture of drip irrigation system and its component parts.
S.K. Mohanty (Judicial Member) and M.M. Parthiban (Technical Member) observed that the impugned goods viz., polytubes, microtubes, HDPE pipes were used for Drip irrigation systems, the appropriate classification in terms of the CBEC circular dated 16.03.1998 would be under sub-heading no. 8424.91, and not under chapter heading no. 39.17
Service Tax Not Leviable On Repairs Of School Building Run By Military Engineering Services: CESTAT
Case Title: M/s Chaitanya Constructions v. Commissioner of Central Excise & Service Tax, Visakhapatnam - I
Case Number: Service Tax Appeal No. 3572 of 2012
The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that service tax not leviable on repairs of school building run by military engineering services.
Angad Prasad (Judicial Member) and A.K. Jyotishi (Technical Member) opined that the services rendered to Military Engineering Services (MES) was in relation to Sainik School run by them and such building cannot be used for commerce and hence repairs of such building are beyond the scope of service tax.
Service Tax Not Leviable On Cricket Association Clubs's Services To Its Members: CESTAT
Case Title: M/s. Karnataka State Cricket Association v. Commissioner of Service Tax, Bangalore North
Case Number: Service Tax Appeal No. 25437 of 2013
The Bangalore Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) stated that service tax is not leviable on cricket association club services to its members, and further allowed Cenvat Credit on the LED score board.
Dr. D.M. Misra (Judicial Member) and R Bhagya Devi (Technical Member) stated that the Commissioner's finding that the said LED score board has no nexus with the taxable service provided viz. Mandap Keeper service and other services is also devoid of merit. Therefore, denial of cenvat credit on LED score board cannot be sustained.