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Archive: 26 August 2022

Posts in 26 August 2022

CESTAT allows refund of excise duty Paid as EOU before conversion to DTA unit

August 26, 2022 429 Views 0 comment Print

Ercon Composites Vs Union of India (Rajasthan High Court) Shorn of legal technicalities what emerges is that the petitioner as a 100% EOU would have made purchases of raw material and inputs from the local market without payment of excise duty as well as not born duty on final product manufactured by it on a […]

Refund cannot be denied on hyper-technical objection of not been filed before competent authority

August 26, 2022 642 Views 0 comment Print

The petitioner was unquestionably prosecuting his refund claim in a bonafide manner which ought not to have thrown away on hyper-technical objection of not having been filed before the competent authority and/or not having been filed in the prescribed format and finally as being delayed.

Enhanced value for imports cannot be adopted merely based on acceptance by importer

August 26, 2022 954 Views 0 comment Print

In spite of admission on behalf of the importer, Revenue is required to satisfy requirements prescribed under Section 14 of Customs Act read with Customs Valuation Rules before any enhancement of valuation.

Summary of SCN In GST DRC-01 cannot Substitute Proper SCN requirement

August 26, 2022 3513 Views 0 comment Print

Roushan Kumar Chouhan Vs Commissioner of State Tax (Jharkhand High Court) Summary of Show Cause Notice in Form GST DRC-01 cannot substitute the requirement of a proper show cause notice under section 73(1) of the CGST Act, 2017? [Ref: Roushan Kumar Chouchan vs. Commissioner of State, Jharkhand & Ors in writ petition (T) No. 1849 […]

Regulatory Overview of Investment Advisors In India

August 26, 2022 13032 Views 0 comment Print

Investment Advisor is a person or an organization who gives an ‘investment advice’ to another person in exchange of monetary value. Investment Advisor plays multiple roles, including financial planner, financial advisor, investment advisor, portfolio manager, and also tax savings advisor.

Physical verification of registered office of company

August 26, 2022 1851 Views 0 comment Print

As per sub Section 9 of Section 12 of the Companies Act, 2013 read with the Companies (Incorporation) Rules, 2014 If the Registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may cause a physical verification of the registered office of the company in such manner […]

ITAT deletes section 271C penalty in respect of EDC Amount paid to HUDA

August 26, 2022 594 Views 0 comment Print

In this case, AO pass order levying penalty amounting to Rs.6,62,100/- u/s 271C of Income Tax Act (being 2% of the EDC amount paid to HUDA).

GST on Agricultural manually hand operated Seed dressing, Coating & Treating drum

August 26, 2022 1959 Views 0 comment Print

In re Adarsh Plant Protect Ltd (GST AAAR Gujarat) What is the HSN and applicable tax on ‘Agricultural manually hand operated Seed dressing, Coating and Treating drum’? The main issue to be decided here is the classification of the product viz. “Agricultural manually hand operated Seed dressing, Coating and Treating drum” and to decide applicable […]

‘Power Sip’ Flavoured milk classifiable under CTH 22029930

August 26, 2022 1221 Views 0 comment Print

Flavoured milk sold under trade name of Power Sip is not classifiable under Tariff Heading 0402/0404 but classifiable under CTH 2202 99 30.

Vishwanath Builders guilty of profiteering in its project ‘Sarathya’

August 26, 2022 1194 Views 0 comment Print

Mahendra Kishanlal Prajapati Vs Vishwanath Builders (NAA) The Authority finds that the benefit of additional Input Tax Credit of 3.75% of the turnover has accrued to the Respondent for the project ‘Sarathya’. This benefit was required to be passed on to the recipients. Thus, Section 171 of the CGST, 2017 has been contravened by the […]

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