Sponsored
    Follow Us:

Archive: 06 November 2022

Posts in 06 November 2022

Reversal of credit amount tantamount to non availment of Cenvat Credit

November 6, 2022 1410 Views 0 comment Print

Appellant have reversed or paid the amount in terms of sub Rule (3) of Rule 6, therefore, as per sub Rule (3D), it will amount to not taking of Cenvat credit

CENVAT Credit Rules not bar clearances at a price higher than purchase cost

November 6, 2022 633 Views 0 comment Print

Commissioner of Central Excise Vs Thermax Ltd. (CESTAT Mumbai) On perusal of the records, it is seen that the respondent had procured duty paid inputs on which CENVAT credit was availed but cleared the goods, as such, on a sale value which was higher than the purchase CENVAT Credit Rules, 2004 provide for clearance of […]

HC reduces penalty for lapsing of e-way bill for bonafide reasons

November 6, 2022 837 Views 0 comment Print

Offence in this case is only the lapsing of e-way bill, and that too for bonafide reasons, and this offence may not be viewed very harshly. HC reduces Penalty

Application for condonation of delay cannot be dismissed for mere non-submissions of originals of medical certificate

November 6, 2022 3246 Views 0 comment Print

Piedade Carvalho Vs Maria Victoria Boavinda (Bombay High Court) In this case, the delay was of only 67 days. Further, the explanation offered was that the appellant was illiterate, knowing neither to read nor write. He was a senior citizen suffering from various ailments related to his age. He engaged an Advocate to represent him […]

Customs: No section 114AA penalty if Assessee not provided False Information deliberately

November 6, 2022 5121 Views 0 comment Print

Appellant has deliberately and intentionally has not provided any such information which was false or incorrect. As such, in my opinion that penalty under section 114AA of the Customs Act, 1962 has wrongly been imposed upon him.

Exemption under Notification No.12/2012-CE also applicable to Sub-Contractors

November 6, 2022 564 Views 0 comment Print

CESTAT held that exemption under Notification No.12/2012-CE is available to sub­-contractor who supplied the goods to the main contractor who has been awarded contract/ work order under ICB.

Section 154- No legal or factual issue on merits can be argued or re-argued if issue is highly debatable

November 6, 2022 495 Views 0 comment Print

Raymold Lighting Pvt. Ltd. Vs ITO (ITAT Chennai) ITAT noted that this appeal is against the rectification order passed by A.O and the impugned order by CIT(A) on this order of rectification u/s. 154 of the Act dated 27.09.2017. We noted that in the original appeal filed before CIT(A) by the assessee, the assessee has […]

ITAT quashes assessment order for violation of principles of natural justice

November 6, 2022 1704 Views 0 comment Print

It is evident from this that the Ld.CIT(A) has also not given opportunity to the assessee to cross examine the parties. It is necessary to specify that the power of CIT(A) is co-terminus with that of the Assessing Officer.

Maintenance charges from letting out services taxable as income from other sources

November 6, 2022 924 Views 0 comment Print

Once the maintenance charges were attributable to the letting out services provided, same derived from providing services was to be considered under the head income from other sources  and not income from house property

Mere possession of Foreign marking gold cannot be treated as smuggled without corroborative evidence

November 6, 2022 1182 Views 0 comment Print

CESTAT Delhi held that mere possession of foreign marking on gold without any corroborative evidence doesn’t lead to the conclusion that it is smuggled gold.

Sponsored
Sponsored
Search Post by Date
February 2025
M T W T F S S
 12
3456789
10111213141516
17181920212223
2425262728