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Archive: November, 2021

Posts in November, 2021

Interpretation favouring Taxpayer should be adopted in case of multiple Interpretation

November 28, 2021 3138 Views 0 comment Print

CESTAT allowed the refund of 4% of Special Additional Duty. Further, held that if two reasonable constructions of a taxing provision are possible then that construction which favours the assessee must be adopted.

Cenvat credit of education & SHE cess to GST not permitted

November 28, 2021 2931 Views 0 comment Print

Suvikram Plastex Pvt Ltd Vs CCT (CESTAT Bengalore) Transition of unutilised Input Tax Credit could be allowed only in respect of taxes and duties which were subsumed in the new GST Law. Admittedly, the three types of Cess involved before us, namely Education Cess, Secondary and Higher Education (SHE) Cess and Krishi Kalyan Cess were […]

HC Refuses Anticipatory Bail to Person accused of Wrongfully Claiming ITC

November 28, 2021 1638 Views 0 comment Print

Premprakash Bansal Vs State of Maharashtra (Bombay High Court) Heard learned Counsel for the parties. 2. Apprehending arrest in Crime No. 0178 of 2021 registered with APMC Police Station, Navi Mumbai for the offences punishable under Section 420, 406 and 34 of the I.P.C, Applicant seeks pre-arrest bail. 3. On 10th August, 2021, this Court declined […]

Permanent IEC can be used for import of goods for personal use not connected with manufacture or agriculture

November 28, 2021 3666 Views 0 comment Print

The order of confiscation with an option for redemption fine and penalty for importer not having Importer Exporter Code (IEC) number is invalid as there is no violation of procedure under Foreign Trade Policy if goods imported for personal use against Bill of Entry without having IEC.

HC quashes order cancelling GST registration without issuing SCN

November 28, 2021 1206 Views 0 comment Print

S.R. Steel Vs State of U.P. (Allahabad High Court) In the peculiar facts of the present case as have been noted above, we lift the bar of alternative remedy as we find that the petitioner’s GST registration was cancelled without issuance of any prior show cause notice. Also, the delay is largely on account of […]

CESTAT allows use of Cenvat Credit to pay Excise Duty on Supplementary Invoices

November 28, 2021 981 Views 0 comment Print

Traco Cable Company Ltd. Vs Commissioner of Respondent Central Excise (CESTAT Bangalore) The first question as to whether the supplementary invoices relate to the date of original clearance or the date on which the supplementary invoice was raised has been decided by the Supreme Court in Steel Authority of India. Accordingly, interest under Section 11AB […]

AAR allowed withdrawal of defected Advance Ruling Application

November 28, 2021 2445 Views 0 comment Print

In re Northern Coalfields Ltd. (GST AAR Madhya Pradesh) The applicant in response of the queries raised sent a letter dated 30.10.2020 stating that – The applicant wishes to seek advance ruling on some other issues also. Thus instead of removing the defect in this application, the applicant seek the liberty to file fresh application […]

XBRL FILING by Indian Companies under Companies Act 2013

November 28, 2021 1719 Views 2 comments Print

Whаt is XBRL: XBRL is а stаndаrdized соmmuniсаtiоn lаnguаge in eleсtrоniс fоrm tо exрress, reроrt оr filing оf finаnсiаl stаtements by Соmраnies. XBRL is оnly а methоd оf presentation оr reроrting. It dоes nоt mаke аny сhаnges in the соntent tо be reроrted. Full fоrm оf XBRL: The full fоrm оf XBRL is “EXTENSIBLE BUSINESS […]

India’s Step towards Cross-Border Insolvency Cases

November 28, 2021 2937 Views 0 comment Print

Insolvency and Bankruptcy Code of 2016 has undergone many amendments till date. However, as the code is being brought into practice more and more scope of betterment could be seen. Recently it has been in news that it will undergo an amendment whose bill will be proposed in the upcoming winter session of the Parliament. […]

Staying Motivated During Online Video Lectures

November 28, 2021 1020 Views 0 comment Print

Online learning is getting immense popularity. If you are looking forward for continuing your education in this way, it is important to know how to stay motivated to complete your education. There are many benefits to studying online, but it’s also fair to mention that it requires a lot more self-discipline and motivation than you […]

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