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Archive: 30 January 2022

Posts in 30 January 2022

HC quashes assessment order passed without issuing SCN & draft assessment order

January 30, 2022 888 Views 0 comment Print

Haldia Steels Pvt. Ltd. Vs. Union of India (Calcutta High Court) In this matter the petitioner has challenged the impugned assessment order dated 28th September, 2021, under section 147 read with section 144B of the Income Tax Act on the ground of violation of principle of natural justice by not serving copy of the draft […]

Transponder Charges cannot be treated as ‘Royalty Income’ despite amendment to section 9(1)(vi)

January 30, 2022 1218 Views 0 comment Print

It is held that transponder charges are not in the nature of ‘Royalty income in the hands of recipients despite amendment to section 9(1)(vi of the Act.

Cenvat credit cannot be denied on credit attributed to wastage arising during the course of manufacture

January 30, 2022 906 Views 0 comment Print

Lanxess India Pvt. Ltd. Vs C.C.E. & S.T. (CESTAT Ahmedabad) Admittedly the appellant has sent the inputs chemicals for job work in the water base. The entire processed goods have been returned within 180 days. The remaining quantity was subsequently returned back though after 180 days but the same was in the form of wastage. […]

Refund Claim cannot be rejected without issuing show cause notice

January 30, 2022 2208 Views 0 comment Print

Ozone Plant Design Service  Private Limited Vs Commissioner of Service Tax (CESTAT Delhi) In the present case, upon filing of the refund claims, only a deficiency memo was issued to the appellant requiring the appellant to appear on a particular date and produce the required documents indicated in the memo to substantiate the claim. What […]

Service tax paid on re-insurance allowable as input service under CENVAT Credit Rules

January 30, 2022 1692 Views 0 comment Print

High Court has held that the service tax paid on re-insurance would be allowable as input service under the CENVAT Credit Rules, 2004.

ITC Reversal on Sale of Used Capital Goods

January 30, 2022 36750 Views 4 comments Print

Many a time we have seen that people buys capital goods, take its Input Tax Credit (ITC) and then sale the asset after sometime. Now the question here is whether there is any need to reverse the ITC already taken at the time of purchase? In this article we will understand the answer of this […]

Declaration of undisclosed income to ‘buy peace’ – Immunity from Penalty?

January 30, 2022 4299 Views 0 comment Print

Understanding the implications of declaration of undisclosed income to ‘buy peace’ in income tax search and seizure cases.

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