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Archive: 06 September 2022

Posts in 06 September 2022

Customs Broker License cannot be revoked if SCN not issued within 90 days of receipt of offence report

September 6, 2022 975 Views 0 comment Print

HLPL Global Logistics Pvt. Ltd. Vs Commissioner of Customs (CESTAT Delhi) A show cause notice dated 24.01.2020 was then issued to the appellant proposing to revoke the Customs Broker License of the appellant by considering the show cause notice dated 22.10.2019 issued under the provisions of the Customs Act as the offence report. The appellant […]

CENVAT Credit allowable on Inputs used in production of electricity supplied Free of Cost to Sister Unit

September 6, 2022 1032 Views 0 comment Print

CENVAT credit allowed to the extent inputs are used for production of electricity which is transferred free of cost to its sister unit.

CBIC Clarification on procedure for Disposal of gold

September 6, 2022 6780 Views 0 comment Print

New procedure for disposal of gold, wherein it was envisaged that the seized/confiscated gold (other than ornament/jewellery/articles) shall be transferred to Reserve Bank of India (RBI) through Security Printing and Minting Corporation of India Ltd. (SPMCIL).

Uploading of e-BRC for shipping bills on which RoSCTL scrip availed – Extension upto 30.09.2022

September 6, 2022 2502 Views 0 comment Print

It may be noted that the last date for uploading of all such e-brcs, where RoSCTL scrips have been issued for shipping bills upto 31.12.2020 has been further extended till 30.09.2022

Interest on Custom duty Refund allowable from deposit date to refund date

September 6, 2022 3387 Views 0 comment Print

CESTAT held that, the appellant is entitled to interest at specified rate from date of deposit to date of refund. BBM Impex Pvt. Limited Vs Principal Commissioner of Customs (Preventive)

Arbitration Application Maintainable Despite Pendency of Reference before MSME Council

September 6, 2022 918 Views 0 comment Print

HC held that merely because one party, has approached before MSME Council, Arbitration application cannot be held to be not maintainable

HC set-aside Reassessment Order Passed without Considering Reply of Assessee

September 6, 2022 3192 Views 1 comment Print

Rithala Education Society Vs Union of India (Delhi High Court) In the present case, the significance of issuance of a show cause notice at a stage prior to issuance of a re-assessment notice under Section 148 of the Act has been lost on the respondents inasmuch as the impugned order under Section 148A(d) of the […]

If the Assessee disputes GST Interest Liability then revenue to follow Section 73 or 74 procedure

September 6, 2022 2418 Views 1 comment Print

HC held that that if assessee disputes Section 50 GST interest liability then revenue have to follow specific procedure of Section 73 or 74

SC Orders cannot be treated as Paper Orders & must be followed in true sprit

September 6, 2022 2349 Views 0 comment Print

When an order has been passed by SC, it has to be given effect in letter and spirit & it cannot be permitted to be treated as a paper order.

Financial Debt cannot be claimed Without Proof of Disbursement

September 6, 2022 1824 Views 0 comment Print

Without proof of disbursement an amount cannot be claimed as financial debt, as disbursement is a sine qua non for any debt to fall within the ambit of financial debt

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