The Supreme Court set aside the condition of furnishing bank guarantee imposed by the High Court of Gujarat while granting bail to the appellant for alleged offence under Section 132 of the CGST Act. The Additional Solicitor General stated that such a condition cannot be imposed while granting bail. The Court reaffirmed its decision in…
The respondent assessee was undertaking the laying of railway lines for NTPC. A demand for service tax amounting to about Rs. 16 crores, along with interest and penalty, was confirmed. The case of the revenue was that.Exemption under notification no. 25/2012-ST was only for government or public railway not private railway siding, and It was…
Rashi Chopra
Senior Associate, UBR Legal Advocates
Vishwaranjan
Associate, UBR Legal Advocates
AbstractThe jurisprudential interpretation of the principle of novation in tax treaties and its procedural implications under domestic tax laws was critically analysed in the Delhi High Court’s decision in Sneh Lata Sawhney v. CIT [TS-592-HC-2025(DEL)] [1]. This judgment underscores the relevance of treaty…
RAAGHUL PIRAANESH
Senior Associate, UBR Legal Advocates
CHANDRA KIRAN K
Associate, UBR Legal Advocates
BACKGROUNDIn a significant ruling, the Kerala High Court in Indian Medical Association v. Union of India & Ors. [2025]1 reaffirmed the doctrine of mutuality, declaring that clubs and associations are not liable to pay GST on services rendered exclusively to…
PREFACE Under the erstwhile Central Excise regime, Section 11B of the Central Excise Act, 1944 read with Rule 5, Rule 5A and Rule 5B of the Cenvat Credit Rules, 2004 (‘CCR’) specified situations where cash refund of cenvat credit was allowed to the assessee. However, the situation of closure of factory was not specifically covered…
Introduction Even though God rules in the affairs of men, the earth is not God’s jurisdiction. It is man’s jurisdiction. This quote is apt to set the tone for this piece relating to the “jurisdiction” of the “proper officer” of DRI. It is a much-debated question. However, in my humble opinion, it is a self-inflicted…
