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Archive: 20 June 2022

Posts in 20 June 2022

ITAT condone delay in filing appeal as Advocate of appellant was busy in filing GST returns

June 20, 2022 1161 Views 0 comment Print

.In the reason for delay in filing the appeal the appellant has stated that Advocate was busy in filing the GST returns and forgot to file the said appeal.

CENVAT Credit eligible on construction & works contract for repair/renovation of existing factory

June 20, 2022 2736 Views 0 comment Print

Bombay Market Art Silk Co Op (Shops & Warehouse) Society Limited Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT held that construction and works contract if used for repair and renovation of existing factory, the same falls under inclusion clause of definition of Input Service, accordingly, the Cenvat credit is admissible. FULL TEXT OF THE CESTAT […]

Meghalaya HC grants 2 Month moratorium for GST Payment to appellant

June 20, 2022 525 Views 0 comment Print

In view of the apparent damage to the petitioning assessee’s manufacturing facility, a moratorium for a period of two months is granted. That is to say that the payment that was due in April, 2022 will not be deemed to have been defaulted and the payment due in May, 2022 need not be paid by the 15th day of this month.

CESTAT imposes penalty for Sale of Gas Cylinder without scrapping as per Gas Cylinder Rules, 2004

June 20, 2022 441 Views 0 comment Print

Appellant have sold /disposed of the cylinder without scrapping it which is mandatory as per the Gas Cylinder Rules, 2004. For contravention of provisions, the appellant was rightly imposed penalty under section 112(a) of Customs Act, 1962.

Refund cannot be rejected for mere not opting of provisional assessment

June 20, 2022 759 Views 0 comment Print

CESTAT Ahmedabad ruling: Even without provisional assessment, if duty was overpaid, a refund claim within a year is admissible. Case analysis and judgments.

Commodity derivatives trading loss can be set-off against regular business profits

June 20, 2022 3498 Views 0 comment Print

ITAT held that loss from trading in commodity derivatives is not a speculative loss and rightly been set off by the assessee against regular business profits from medical derivatives business.

ITAT imposes Cost on Assessee for Lackadaisical & non co-operative attitude

June 20, 2022 348 Views 0 comment Print

ITAT imposes cost of Rs.25,000 for lackadaisical and non co-operative attitude of the assessee towards the quantum proceedings

In absence of specific allegation & proof extended limitation period cannot be invoked

June 20, 2022 1416 Views 0 comment Print

It has merely stated that the fact of non-payment would not come to notice but for the verification of the audit department. In the absence of any specific allegation and proof that the appellant has suppressed facts, the extended period cannot be invoked.

Section 272A(1)(C) penalty sustainable for Violation of Section 131

June 20, 2022 1422 Views 0 comment Print

Assessee did not appear on the date of hearing and did not furnish any application stating any reasonable cause for not appearing on the given date nor requested any adjournment. Thus, there is a clear violation of provision of Section 131 of the Act and penalty u/s 272A(1)(C) of the Act is attracted.

ITAT sustain addition for Bogus Purchases not rebutted by assessee

June 20, 2022 423 Views 0 comment Print

Assessing Officer has given a finding that the assessee had used a pre arranged device in form of booking of bogus purchases of shares. This finding of the Assessing Officer is not rebutted by the assessee by placing any material on record. Therefore, the addition of Rs. 3,32,850/- made u/s 69C is hereby sustained.

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