Tax
ITAT Ahmedabad Upholds Reopening of IT Assessment On Cash Deposits, Orders Peak Credit Taxation
The Ahmedabad Bench of the Income Tax Appellate Tribunal has upheld the reopening of the assessment of an individual for AY 2016–17 based on cash deposit information but directed that only the peak credit in his bank account be taxed, noting that taxing the entire deposits would be excessive.A coram comprising Judicial Member Siddhartha Nautiyal and Accountant Member Narendra Prasad Sinha held that the reopening was valid as it was based on tangible material, observing that “such information...
CESTAT Chennai Dismisses Western Farm Fresh Appeal, Rules Exemption Not Available For Imported Sausages
The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) on 30 March, held that a claim for exemption under a customs notification cannot succeed when the goods are specifically excluded and prescribed conditions are not met. A Bench comprising Judicial Member P. Dinesha and Technical Member Vasa Seshagiri Rao (Technical Member) dismissed the appeal filed by Western Farm Fresh (P) Ltd. against the Department. The Tribunal stated: “We find that there is no dispute...
Job Worker Entitled To CENVAT Credit On Capital Goods Despite Invoice Name Mismatch: CESTAT Chennai
The Chennai Bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) on 30 March, held that a job worker can avail CENVAT credit on capital goods even if invoices are not issued in its name, provided the goods are received, accounted for, and used in the manufacturing process. A Bench comprising Judicial Member P. Dinesha and Technical Member Vasa Seshagiri Rao held: “In view of the above discussions, we are of the view that the allegation of the Revenue that ACPL had availed...
CESTAT Chennai Upholds Customs Duty On Imported Natural Rubber, Dismisses MRF's Appeal
The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) on 30 March, held that the levy of Additional Duty of Customs equivalent to Rubber Cess on imported natural rubber is legally sustainable. A Bench comprising Judicial Member P. Dinesha and Technical Member Vasa Seshagiri Rao dismissed the appeal filed by MRF Limited, noting that the issue stands covered against the taxpayer by coordinate Bench and Larger Bench decisions. . The Tribunal observed: “…as on...
Supreme Court Refuses To Interfere With Bombay HC Order Quashing IT Assessments Against Merged Reliance Entities
The Supreme Court on Wednesday refused to interfere with a Bombay High Court ruling that had quashed income tax assessments issued in the names of Reliance Polyethylene Ltd. and Reliance Polypropylene Ltd. even after their merger with Reliance Industries Ltd., noting that the Revenue has issued a fresh notice pursuant to the High Court's decision. A Bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe dismissed the Revenue's special leave petitions after recording that the...
Coronation Park Is a Historical Site, Construction There Is Exempt from Service Tax: CESTAT New Delhi
The Principal Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) at New Delhi has held that Coronation Park, being a historical site of national importance, is eligible for exemption from Service Tax under Notification No. 25/2012-ST. A Bench comprising Judicial Member Binu Tamta and Technical Member Hemambika R. Priya heard cross appeals filed by Ajab Singh & Co. and the Revenue against a common Order-in-Original passed by the Commissioner, Rohtak. The Bench...
CESTAT Chennai Rules Transportation Charges Not Taxable In C&F Services Before May 2015
The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) on 1 April, held that reimbursable transportation charges paid to a clearing and forwarding (C&F) agent do not form part of the taxable value of services for the period prior to the 2015 amendment to the Finance Act. A Bench comprising Technical Member M. Ajit Kumar and Judicial Member Mr. Ajayan T.V. partly allowed the appeal filed by Toll India Logistics Pvt. Ltd., clarifying that only the consideration...
Service Tax Leviable Even On Pre-2008 Loading Of Goods For Transportation: Hyderabad CESTAT
On 1 April, the Hyderabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) held that loading of goods onto trucks for delivery to customers constitutes “cargo handling service” (CHS) and is liable to Service Tax even prior to the 2008 amendment. The Bench, comprising Technical Member A.K. Jyotishi and Judicial Member Angad Prasad, was hearing an appeal filed by Agarwal Global Steels Ltd. against an Order-in-Appeal dated 19 November 2012 passed by the Commissioner...
Deeming Fiction vs. Evidentiary Reality: CESTAT Mumbai Limits Rule 17(2) Of Pan Masala Packing Machines Rules
A tussle between Fiction and Fact: Unravelling the tension in Capacity-Based TaxationThere is a continuous struggle surrounding the jurisprudence on capacity-based taxation to reconcile the statutory deeming provisions with the underlying factual matrix. The recent decision of the CESTAT Mumbai Bench, as elucidated in Zemini Marketing Company v. Commissioner of CGST, Kolhapur Excise Appeal No. 86026, 86030, 86031, 86032, 86033, 86036, 86037, 86038, 86039 of 2013, highlights a significant...
Boronated Calcium Nitrate Not Eligible For Concessional Duty As 'Calcium Nitrate': CESTAT Ahmedabad
On 1 April, the Ahmedabad Bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) held that “Boronated Calcium Nitrate” is a distinct product from “Calcium Nitrate” and is therefore not eligible for concessional customs duty under Notification No. 50/2017-Cus. A Bench comprising Judicial Member Dr. Ajaya Krishna Vishvesha and Technical Member Satendra Vikram Singh dismissed three appeals filed by Yara Fertilizers India Pvt. Ltd., holding: “Boronated Calcium Nitrate imported...
LiveLawBiz Indirect Tax Monthly Digest: March 2026
SUPREME COURTFox Mandal & Company Takes ₹3.9 Crore Service Tax Dispute To Supreme CourtCase Title : Fox Mandal And Company vs Commissioner Case Number : Diary No. 3350 of 2026Fox Mandal & Company has moved the Supreme Court against a CESTAT order in a service tax case involving demands of about ₹3.9 crore against the law firm. A bench of Justices Pamidighantam Sri Narasimha and Alok Aradhe will hear the special leave petition on April 6 after the petitioner's counsel sought time to...
Clandestine Gold Transport & High Purity Satisfy “Reasonable Belief” Under Customs Act: Calcutta High Court
The Calcutta High Court on 31 March restored the adjudicating authority's confiscation of 1,999.90 grams of gold, holding that clandestine transport and high scientific purity of bullion establish a “reasonable belief” of smuggling under the Customs Act. A Division Bench of Justices Rajarshi Bharadwaj and Uday Kumar allowed the Commissioner of Customs (Preventive), Kolkata's appeals, reinstated the confiscation and penalties, and set aside the Tribunal's order that had granted relief to the...