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Archive: 15 May 2022

Posts in 15 May 2022

Reopening by change of opinion on facts already examined is not valid

May 15, 2022 1014 Views 0 comment Print

Re-opening proposed is purely based on change of opinion and entire issue which is subject matter of reasons recorded has been raised during assessment proceedings

Pre-deposit refund cannot be denied for payment under excise Duty instead of Service Tax

May 15, 2022 1848 Views 0 comment Print

Department denied refund of Pre-deposit for appeal on the ground that dispute related to service tax whereas pre-deposit was made under Excise Duty.

TDS defaults: Higher compounding Charge of 5% for repeat offender is valid

May 15, 2022 3084 Views 0 comment Print

Petitioners company is a ‘repeat offender’, this Court is of the view that the respondents are entitled in law to impose a higher compounding fee i.e. five per cent instead of three per cent.

Difference in MRP & Sales price is not Commission to attract section 194H TDS

May 15, 2022 2160 Views 0 comment Print

Difference between MRP & price sold to Stockists, by no stretch of imagination, can be considered as commission or brokerage paid by assessee to its Stockists to attract section 194H TDS.

Allowing mere 8 hours to reply to SCN is neither reasonable nor effective

May 15, 2022 1668 Views 0 comment Print

Court is of the view that time of eight hours to file reply to the show cause notice was neither reasonable nor effective, as within this short time, the Petitioner could not have supplied relevant information and documents to substantiate his case.

Value of deemed export is to be included for computing (FOB) value of exports

May 15, 2022 1689 Views 0 comment Print

BAPL Industries Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) The Tribunal in the case of Shree Rohini Enterprises – 2017 (346) ELT 461 (Tri-Ahmd.) held that value of deemed export is to be treated as export sale determined on FOB value of export. The same was confirmed by the Supreme Court reported […]

AAAR Maharashtra directs AAR to pass ruling on Merits

May 15, 2022 720 Views 0 comment Print

In re Royal Carbon Black Private Limited (GST AAAR Maharashtra) AAAR have also examined the impugned Advance Ruling passed by the MAAR, wherein the MAAR has refrained from passing the advance ruling in the matter citing the reason that the Appellant has not provided the details regarding the chemical composition of the impugned product, i.e., […]

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