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Archive: 28 March 2022

Posts in 28 March 2022

HC orders release of Goods & Conveyance to GST dept as Tax & Penalty already been paid

March 28, 2022 1284 Views 0 comment Print

Sreejith K. Vs State Of Gujarat (Gujarat High Court) It has been brought to the notice of High Court that the requisite amount towards tax and penalty aggregating to 9,55,840/- [Rupees Nine Lac Fifty Five Thousand Eight Hundred Forty Only] has already been deposited by the supplier i.e. M/s. Izaan Trading; the writ-applicant of the […]

No addition based on evidence which is not confronted to the assessee

March 28, 2022 6897 Views 0 comment Print

DCIT Vs Rashmi Float Glass Ltd. (ITAT Kolkata) We find that the only addition made is of share application received u/s 68 of the Act and addition of commission paid allegedly for the share application money and finally a disallowance u/s 14A of the Act. No incriminating material has been found during the course of […]

UJALA – Unnat Jyoti by Affordable LEDs for All

March 28, 2022 4893 Views 0 comment Print

On 1st May 2015, the Prime Minister of India Shri Narendra Modi, launched the scheme, namely Unnat Jyoti by Affordable LEDs for All. While launching the Prime Minister specifically described the LED bulb as ‘Prakash Path’ i.e. a way to light. The scheme is also known as the LED-based Domestic Efficient Lighting Programme (i.e. DELP). […]

Prices of transacted goods can be determined only on transaction date

March 28, 2022 489 Views 0 comment Print

Viraj Impex Pvt. Ltd. Vs Commissioner of Customs (I) (CESTAT Mumbai) It is settled principle of the commercial transactions that the prices of the transacted goods can be determined only on the date of transaction and not on any other date whether previous or subsequent. The prices may fluctuate on account of the vagaries of […]

CESTAT allows Cenvat credit on maintenance & repair work of residential colony

March 28, 2022 642 Views 0 comment Print

Mangalam Cement Ltd. Vs Commissioner, Central Excise & CGST (CESTAT Delhi) Appeal is filed against denial of cenvat credit of service tax taken by the appellant on maintenance and repair work of their residential colony on the ground that the said service has no nexus with the manufacture of final product. Rule 2(l) of Cenvat […]

Customs Broker cannot use IEC of others without their knowledge for import by his client

March 28, 2022 2049 Views 0 comment Print

Falcon India (Customs Broker) Vs Commissioner of Customs (CESTAT Delhi) Regulation 10 (n) of CBLR 2018 (read with erstwhile Regulation 11(n) of CBLR, 2013) requires the Customs Broker to verify correctness of Importer Exporter Code (IEC) number, Goods and Services Tax Identification Number (GSTIN),identity of his client and functioning of his client at the declared […]

CBDT extends timelines under TOLA

March 28, 2022 20682 Views 0 comment Print

CBDT extends time line under Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA) vide Notification No. 16/2022 Income Tax, [S.O. 1440(E)] dated: 28th March, 2022 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) New Delhi, the 28th March, 2022 Notification No. 16/2022 Income Tax S.O. 1440(E).—In exercise […]

Faceless Jurisdiction of Income-tax Authorities Scheme, 2022

March 28, 2022 5265 Views 0 comment Print

For the purpose of Faceless Jurisdiction of Income-tax Authorities Scheme, 2022 the exercise of all or any or the powers and performance of all or any of the functions conferred on, or, as the case may be, assigned to income-tax authorities, by or under the Act as referred to in section 120 of the Act;

Section 11B time limitation for claiming refund not applies to ‘deposit’ in PLA

March 28, 2022 1320 Views 0 comment Print

Marketing Communication and Advertising Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore) Section 11B prescribes time limitation for claiming refund of duty & interest, if any, paid. In the Order-in-Original, even though Appellate Authority observed that the appellant filed a refund claim of Rs. 20,38,157/- (Rupees Twenty Lakhs Thirty Eight Thousand One Hundred and Fifty […]

Expense on Consumable Tools having short working life with no independent function allowable as Revenue expense

March 28, 2022 612 Views 0 comment Print

Walvoil Fluid Power India Pvt. Ltd. Vs DCIT (ITAT Bangalore) On perusal of the list of the tools treated as capital in nature and we find that the value per item in the entire list is not significant. The ratio laid down by the Hon’ble SC in Sarvana Spinning Mills Pvt. Ltd., (Supra) is that […]

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