Tax Cases Weekly Round-Up: 8 To 14 October, 2023

Supreme Court Case Title: Commissioner of Customs, Mumbai v. M/s Ganpati Overseas Citation : 2023 LiveLaw 864 The Supreme Court has recently highlighted that the transaction value should be the primary basis for customs valuation and that other valuation methods be invoked sequentially only when there is evidence to doubt the correctness of the declared transaction value. Case Title : Commissioner, Customs Central Excise and Service Tax, Patna v. M/s Shapoorji Pallonji and Company Pvt Ltd; Union of India v.M/s Shapoorji Pallonji and Company Pvt Ltd Citation : 2023 LiveLaw 885 In an interesting judgment, the Supreme Court held that the Indian Institute of Technology and the National Institute of Technology will come under the Mega Service Tax Exemption Notification issued by the Department of Revenue in 2012. Extinguishes Post Approval Of Resolution Plan By NCLT: CESTAT Case Title: Icomm Tele Ltd Versus Commissioner of Central Tax Puducherry - GST The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal has held that all claims prior to the National Company Law Tribunal approval date of government authorities in relation to all taxes for which the appellant was liable to pay shall stand extinguished on the approval date. No Service Tax Payable On Supply Of Water And Electricity To The Tenants: CESTAT Case Title: GMR Hyderabad International Airport Ltd Versus Commissioner of Central Excise & Service Tax, Hyderabad - IV The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal has held that there is no requirement to discharge any service tax on the supply of water and electricity to their concessionaires or tenants, who were paying for these two utility services on an actual basis plus a markup of 10%. Recipient Of GTA Services Not Liable To Pay Service Tax Which Was Already Paid By Transport Agency: CESTAT Case Title: Dhariwal Industries Limited Versus C.C.E.