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Archive: December, 2020

Posts in December, 2020

DFIA benefit eligible on import clearance of in shell walnut

December 11, 2020 3159 Views 0 comment Print

VKC Nuts Pvt Ltd. Vs C.C. – Jamnagar (Prev) (CESTAT Ahmedabad) ‘Inshell Walnut’ is not only capable of being used but invariably used for manufacture of biscuits as fruit/flavor/dietary fibre. This has been held in appellant’s own case by the Hon’ble CESTAT-Mumbai in Final Order No. A/85730/2020 dated 11.09.2020. Moreover, as per the custom’s lab […]

Person not charged of a predicate offence also come within the sweep of PML Act

December 11, 2020 5859 Views 0 comment Print

Dyani Antony Paul Vs Union Of India (Karnataka High Court) The main object of PML Act is to ascertain the proceeds of crime which involved in money laundering and attachment, confirmation and confiscation of the proceeds of crime in the form of properties and also to punish the offenders of money laundering. The date of […]

CVD/Anti-subsidy investigation on imports of Textured Tempered Glass

December 11, 2020 1731 Views 0 comment Print

Final Finding in Countervailing Duty/Anti-subsidy investigation concerning imports of Textured Tempered Glass whether Coated or Uncoated from Malaysia. Notification No. F. No. 6/13/2019–DGTR

TP addition without considering objections of assessee : ITAT directs AO for re-adjudication

December 11, 2020 963 Views 0 comment Print

Wipro GE Healthcare Pvt. Ltd. Vs DCIT (ITAT Bangalore) In respect of transfer pricing addition made by Ld.AO. It is observed that DRP/TPO for year under consideration did not consider objections raised by assessee against comparables selected by Ld.TPO and simply followed DRP directions issued for AY 2014-15. As AY: 2014-15 has been set aside […]

No section 234B Interest can be levied on assessee for non-payment of Advance Tax

December 11, 2020 3360 Views 0 comment Print

No Interest u/s 234B can be levied on the assessee-payee on the ground of non-payment of Advance Tax: ITAT Income Tax Appellate Tribunal (ITAT), Delhi Bench held that no interest under section 234B can be levied on the assessee-payee on the ground of non-payment of advance tax. The appellant, M/s Huawei Technologies Co. Ltd is […]

No penalty under Section 122(1)(i) for violation of Anti Profiteering Provisions

December 11, 2020 1026 Views 0 comment Print

Shri Surya Prakash Loonkar Vs M/s Excel Rasayan Pvt. Ltd. (NAA) From the perusal of Section 122 (1) (i) of the CGST Act, 2017, it is clear that the violation of the provisions of Section 171 (1) is not covered under Section 122 (1) (i) of the CGST Act, 2017 as it does not provide […]

No penalty for violation of Section 171(1) provisions before 01.01.2020

December 11, 2020 1020 Views 0 comment Print

Director General of Anti-Profiteering Vs Raj & Company (NAA) Section 112 of the Finance Act, 2019 specific penalty provisions have been added for violation of the provisions of Section 171(1) which have come in to force w.e.f. 01.01.2020, by inserting Section 171 (3A). Since, no penalty provisions were in existence between the period w.e.f. 15.11.2017 […]

Penalty for violation of Section 171(1) effective from 01.01.2020

December 11, 2020 669 Views 0 comment Print

Director General of Anti-Profiteering Vs Raj & Company (NAA) 1. The brief facts of the present case are that the DGAP vide his Report dated 08.08.2018, furnished to this Authority under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017, had submitted that he had conducted an investigation and found that […]

Section 171(3A) Penalty cannot be imposed prior to 01.01.2020

December 11, 2020 786 Views 0 comment Print

Kerala State Screening Committee on Anti-Profiteering Vs Dev Snacks Cheriyela (NAA) Since, no penalty provisions were in existence between the period w.e.f. 27.11.2017 to 31.12.2017 when the Respondent had violated the provisions of Section 171 (1), the penalty prescribed under Section 171(3A) can not be imposed on the Respondent retrospectively. Accordingly, the notice dated 11.03.2019 […]

No penalty despite Violation of section 171(1) provisions till 31.12.2019

December 11, 2020 651 Views 0 comment Print

Rahul Sharma Vs Cloudtail India Pvt. Ltd. (NAA) Since, no penalty provisions were in existence between the period w.e.f. 15.11.2017 to 31.07.2018 when the Respondent had violated the provisions of Section 171 (1), the penalty prescribed under Section 171 (3A) can not be imposed on the Respondent retrospectively. Accordingly, the notice dated 11.03.2019 issued to […]

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