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Archive: 18 April 2022

Posts in 18 April 2022

CESTAT Order on Classification of Goods & Determination of Customs Duty Appealable only before SC

April 18, 2022 2235 Views 0 comment Print

Commissioner of Customs II JNPT Vs Axiom Cordages Ltd. (Bombay High Court) Impugned order of CESTAT and the appeal memo clearly indicates that the main controversy which arises for determination is in the nature of classification dispute, which relates directly and proximately to the rate of duty applicable for the purpose of assessment and therefore the […]

Pre-deposit Payment by Parent Company is proper compliance: HC

April 18, 2022 291 Views 0 comment Print

St. John CFS Part Pvt. Ltd. Vs Commissioner of Central Excise (Madras High Court, Madurai Bench) Taking note of the pendency of the merger proceedings, the parent company namely, M/s.St.John Freight System Limited, deposited the money as directed by the conditional order. The Tribunal has refused to accept such deposit as a proper compliance with […]

Sale of Goods by Importer to Another not Legally Prohibited: CESTAT quashes Penalty

April 18, 2022 513 Views 0 comment Print

Freight Link Logistics Vs The Commissioner of Customs  (CESTAT Chennai) In the present case, it is not disputed that M/s. Vaaraahi Traders are licensed to import goods and that their IE Code is valid. The case set up by the department is that the goods imported are for the use / purchase of Shri A. […]

HC allows expense on payment of bonus to Directors

April 18, 2022 4869 Views 0 comment Print

PCIT Vs BMO Advisors Pvt. Ltd. (Delhi High Court) This Court in AMD Metplast Pvt. Ltd. V. DCIT, (2012) 341 ITR 0563 as well as in CIT v. Career Launcher India Ltd., (2013) 358 ITR 0179 (Delhi) has upheld grant of bonus by companies to its directors. Consequently, this Court is of the view that […]

No Service Tax on Construction Services prior to 1st July 2010

April 18, 2022 2166 Views 0 comment Print

Jagdish Pala Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) We find that the Appellant are engaged in the construction of Residential and Commercial Complexes and received the booking amount as well as instilment amount from his buyers. Revenue proceeded against them on the ground that they have evaded payment of Service Tax on […]

CIT(A) cannot dismiss the appeal for non-prosecution

April 18, 2022 870 Views 0 comment Print

As a matter of facts, the income tax Act in section 251 of the I.T.Act dealing with the power of ld.CIT(A) does not provide for any power to the ld.CIT(A) to dismiss the appeal for non-prosecution.

ITAT Quashes reassessment proceeding initiated merely based on Investigation Wing report without application of Mind

April 18, 2022 1473 Views 0 comment Print

M/s Nishit Fincap Private Limited Vs ITO (ITAT Delhi) In this case The original assessment was completed u/s 143(3) on 03.12.2010 determining the total income at Rs.48,360/-. I find the assessment in this case was reopened on the basis of information obtained from the Investigation Wing, according to which, during the search and seizure operations […]

ITAT dismisses Appeal signed by General Manager of Company as no valid POA submitted

April 18, 2022 588 Views 0 comment Print

Bangalore Electricity Supply Company Ltd Vs DCIT (ITAT Bangalore) This appeal came up for hearing before this Tribunal on 8.3.2022 and it was pointed out to the ld. AR for the assessee that the appeal was not signed by the competent authority and it was signed by General Manager (CT&GST), BESCOM. It was pointed out […]

Vehicle carrying goods ought not to be stopped/seized by authorities for expiry of E-way bill

April 18, 2022 36690 Views 2 comments Print

Podder & Podder Industries Private Limited Vs State of Tripura and others (Tripura High Court) HC held that balance has to be brought between transportation of goods as well as the taxing event i.e. the sale or purchase of goods of service. In a case where there is no doubt that a transaction is made […]

PepsiCo Case: Different MRPs cannot Be Fixed for Same Product

April 18, 2022 2475 Views 0 comment Print

PepsiCo India Holdings Pvt. Ltd. Vs Adithya Banavar (Karnataka State Consumer Disputes Redressal Commission) The Brief facts are: Complainants went to Mantri Mall and purchased one litre water bottle of Aquafina, a 330 ml Pepsi Tin and 350 ml bottle of Nimbooz, which costs them at the rate of Rs.20, Rs.50/- and Rs.50/-, respectively in […]

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