Indirect Tax Cases Weekly Round-Up: 16 To 22 June 2024

Non-Communication Of SCN To Call Book Is Fatal; Bombay High Court Quashes SCNs Against ICICI Home Finance

Citation: 2024 LiveLaw (Bom) 305

Case Title: ICICI Home Finance Company Ltd. Versus UOI

The Bombay High Court, while quashing the show cause notices against ICICI Home Finance Company Ltd., held that non-communication of show cause notices transferred to the call book is fatal.

Slump Sale Doesn't Amount To Sale Of Goods Within MVAT Act: Bombay High Court

Citation: 2024 LiveLaw (Bom) 306

Case Title: Piramal Enterprises Limited Versus The State of Maharashtra

The Bombay High Court has held that slump sale under the Business Transfer Agreement (BTA) would not amount to sale of goods within the purview of the Maharashtra Value Added Tax (MVAT) Act.

Madras High Court

ITC Wrongfully Availed But No Fraud/Misstatement Proven; Madras High Court Imposes Token Penalty

Citation: 2024 LiveLaw (Mad) 255

Case Title: M/s.Greenstar Fertilisers Limited Versus The Joint Commissioner (Appeals)

The Madras High Court has imposed a token penalty of Rs. 10,000 on the assessee instead of a higher penalty as the assessee wrongfully availed of the input tax credit (ITC), but the department could not prove fraud or misstatement on the part of the assessee.

Karnataka High Court

SCN Can't Be Issued Prior To Finalisation Of Audit Proceedings; Karnataka High Court Stays Order

Citation: 2024 LiveLaw (Kar) 277

Case Title: M.S. Service Station Versus UOI

The Karnataka High Court has stayed the order passed under Section 74 of the CGST Act, 2017 on the grounds that the show cause notice cannot be issued prior to the finalization of audit proceedings.

Kerala High Court

Kerala High Court Allows Dealer To Correct Copy Of Stock Inventory Uploaded Along With Returns

Citation: 2024 LiveLaw (Ker) 368

Case Title: Usha Bagri Versus The Assistant Commissioner

The Kerala High Court has allowed the dealer to correct a copy of stock inventory uploaded along with returns.

Statutory Scheme Determining Taxable Turnover Of Works Contract Under KVAT Act Doesn't Suffer From Any Defect: Kerala High Court

Citation: 2024 LiveLaw (Ker) 374

Case Title: M/S. DLF Home Developers Limited Versus State Of Kerala

The Kerala High Court has held that the statutory scheme for determining the taxable turnover of a works contract under the Kerala Value Added Tax Act (KVAT Act) does not suffer from any defect so as to render it unworkable to effectuate the charge to tax on a works contract.

Gauhati High Court

No Provision Mandating Assessee To Install All Capital Goods In Year Of Procurement Itself To Avail Cenvat Credit: Gauhati High Court

Citation: 2024 LiveLaw (Gau) 40

Case Title: Premier Cryogenics Limited Versus The Commissioner Central Excise And Service Tax

The Gauhati High Court has held that it is not mandatory for the assessee to install all capital goods in the year of procurement itself so as to avail CENVAT credit.

CESTAT

Olectra Greentech Eligible For DFIA Scheme Benefits On Imported Lithium Ion Battery For Agriculture Tractor Export: CESTAT

Case Title: Principal Commissioner of Customs Hyderabad Versus M/s Olectra Greentech Ltd.

The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the assessee, Olectra Greentech, is eligible for Duty-Free Import Authorization (DFIA) Scheme benefits on imported lithium-ion batteries for agriculture tractor export.

Mark Engraved On Gold Coins Is House Mark And Not Brand Name, No Excise Duty Payable: Chennai CESTAT

Case Title: M/s.AVR Swarnamahal Jewelry Limited Versus The Commissioner of CGST & Central Excise

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that excise duty is not payable on the mark engraved on gold coins as it is just a house mark and not a brand name.

No Service Tax Payable On Interest Income On Overdraft/Cash Credit Facilities: Kolkata CESTAT

Case Title: The Assam Cooperative Apex Bank Ltd. Versus Commr. of CGST, Customs & Central Excise, Guwahati

The Kolkata Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand on interest equivalent on overdraft or cash credit extended by cooperative banks.