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Archive: 26 August 2022

Posts in 26 August 2022

CESTAT allows Refund claim of unutilised CENVAT Credit of Pre-GST regime

August 26, 2022 1620 Views 0 comment Print

Appellant entitled to get cash refund against CENVAT Credit available to its credit during pre GST regime under Section 142(3) of CGST Act

Alternative Remedy of Appeal under SARFAESI Act available- HC dismisses Writ Petition

August 26, 2022 1857 Views 0 comment Print

Petitioners have efficacious alternative remedy of filing appeal under SARFAESI Act before DRT and therefore writ petition is dismissed

Cenvat credit admissible on GTA services from place of removal upto 1.4.2008

August 26, 2022 429 Views 0 comment Print

CESTAT hold that the credit on GTA services from the place of removal upto 1.4.2008 was rightly admissible to the Appellant.

TDS Credit denied – Corresponding income ought to have been reduced – Section 154

August 26, 2022 1977 Views 0 comment Print

If TDS credit is disallowed than corresponding income offered by assessee for taxation also ought to have been reduced by passing rectification order u/s 154 by AO

No penalty for delay in filing STF Return due to late Receipt of Advisory Notice & SCN

August 26, 2022 522 Views 0 comment Print

Assessee has not received advisory notice issued u/s 285 BA (5) and the show cause notice of penalty u/s 271FA due to change of mail id and further contended that, the delay in filing the return was not deliberate.

Section 40A(3) disallowance sustainable for Cash Purchase Exceeding Prescribed Limit

August 26, 2022 1035 Views 0 comment Print

Ashwin Barai Vs ITO (ITAT Chennai) We find that there is no dispute with regard to applicability of section 40A(3) of the Act, when cash payments made for any expenses in excess of prescribed limit, however, in each and every case provisions of section 40A(3) cannot be applied, because, real nature of transactions need to […]

No duty escapement in clearance of good by Job worker at value fixed by TISCO

August 26, 2022 282 Views 0 comment Print

Commr. of Central Excise Vs Indian Steel & Wire Products Ltd. (CESTAT Kolkata) Appellant had entered into an agreement with TISCO for conversion of billets into wire rods for job of basis. After during the course of conversion, certain losses, such as burning losses occurred to the extent of 7%. Accordingly, appellants were required to […]

Transport charges cannot be included in valuation for mining services

August 26, 2022 594 Views 0 comment Print

CESTAT held that transport charges cannot be included in valuation for mining services when transport activities been performed in mining area

Prima Facia rejection of Refund of License Fee to Model Shops for Covid Restrictions is illegal

August 26, 2022 300 Views 0 comment Print

Nidhi Agarhari Vs State of U.P (Allahabad High Court) The petitioner had applied for license for model shop within the limits of Civil Lines, Fatehpur for the Excise Year 2020-2 1 and the allotment letter dated 16.03.2020 was issued to the petitioner by the competent authority. Pursuant thereto, the petitioner deposited the license fees for […]

Intrinsic value of shares is a reasonable method of ascertaining fair market value of shares

August 26, 2022 2103 Views 0 comment Print

ITAT held that intrinsic value of the shares on the basis of net assets divided by the total number of equity shares is most appropriate.

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