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Archive: 06 November 2022

Posts in 06 November 2022

Live Course on Appeal, Pleading & Drafting under GST by CA Sachin Jain

May 15, 2024 6447 Views 0 comment Print

oin us for an immersive live course led by renowned expert CA Sachin Jain, as we delve into the intricacies of appeal, pleading, and drafting under GST.

Amendment to section 50 of CGST Act 2017 levying interest on net tax liability is effective from 1st July 2017

November 6, 2022 3195 Views 0 comment Print

Chhattisgarh High Court held that the amendment to section 50 of the CGST Act, 2017, that the interest shall be levied on that portion of tax paid by debiting the electronic cash ledger (i.e. net tax liability) is effective retrospectively from 1st July 2017

Rule 3(5A) of CCR, 2004 not apply in absence of removal of capital assets

November 6, 2022 777 Views 0 comment Print

CESTAT Delhi held that provisions of rule 3(5A) of the Cenvat Credit Rules are not attracted when there is no removal of capital assets/ power plant. Hence Cenvat Credit not leviable.

Value of goods duly accepted by excise department cannot be re-valued by AO

November 6, 2022 360 Views 0 comment Print

ITAT Chennai held that as the value of goods are duly accepted by the Central Excise department without there being any modification then AO doesn’t have any jurisdiction to go beyond the same.

Allowability of Bonus as Part of Partners Remuneration- ITAT restores matter to CIT(A)

November 6, 2022 1026 Views 0 comment Print

ITAT Patna partly allows appeal of Anil Kumar Singh. Orders restoration of the claim of remuneration, including bonus, based on Partnership Deed under Section 40(b)(v).

Service of Section 143(2) notice on wrong address is not a valid service

November 6, 2022 2430 Views 0 comment Print

Shivaji S. Desai Vs ITO (ITAT Mumbai) The service of notice issued under Section 143(2) of the Act directly by affixture, and that too, on an address on which the assessee had never resided or carried its business is not a valid service. In fact, there is no service of notice issued under section 143(2) […]

Person not complying with SC directions don’t deserve any leniency from pre-deposit

November 6, 2022 501 Views 0 comment Print

Devinder Singh Narang Vs Commissioner of Customs (CESTAT Chandigarh) On behalf of Revenue it has been submitted that despite the extension of time granted by the Hon’ble Supreme Court, the Appellant failed to comply with the order of pre-deposit of Rs.50 lacs. We have seen the case records and find that time and again the […]

CESTAT allows benefit of deemed conclusion of proceedings under Section 28 of Customs Act

November 6, 2022 1674 Views 0 comment Print

It is well settled law that the legislative intent, extending certain beneficial provision to the assessee, should not be made frivolous by interpreting the provision in a particular manner other than the one which reflects upon such intent.

Importer can amend Bills of Entry on the basis of documents in existence at the time the goods been cleared/deposited

November 6, 2022 1143 Views 0 comment Print

Abaris Healthcare Pvt. Ltd. Vs C.C. Ahmedabad (CESTAT Ahmedabad) In the case on hand, from the material on records, we could see that apparently, there was an error, on the part of the CHA who inadvertently mentioned Notification No. 12/2012- Customs and accordingly discharged 5% customs duty., whereas, the benefit of Notification No. 46/2011 was […]

Section 148A(b) requires grant of minimum 7 days to file reply to show cause notice

November 6, 2022 8352 Views 0 comment Print

Delhi High Court in Shri Sai Co-operative Thrift and Credit Society Ltd. (supra) has considered a similar position and has held that issuance of a show cause notice with a period lesser than seven days would vitiate the same.

Show cause notice should not be with a pre-conceived & closed mind

November 6, 2022 4497 Views 0 comment Print

Mars Shipping Services Vs Commissioner of Customs (Madras High Court) As regards the show cause notice, dated 8.9.2014, it is to be noted that the respondent has followed the procedure contemplated under the Regulations after having passed an order for continuing the suspension, by proceedings dated 28.8.2014. As per Regulation 18 of the CBLR, 2013, […]

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