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Archive: 22 November 2022

Posts in 22 November 2022

20% of disputed tax demand is not a pre-requisite for putting in abeyance recovery of demand pending first appeal in all cases

November 22, 2022 12669 Views 0 comment Print

Writ petition were filed challenging the order  dismissing the Petitioner’s application for stay of demand and directing the Petitioner to pay 20% of the total outstanding demand.

Disallowance of expenditure incurred towards film not released is unsustainable

November 22, 2022 1890 Views 0 comment Print

ITAT Mumbai held that expenditure relating to film which was not released and hence not co-relatable to any income, cannot be disallowed as the expenses were incurred wholly and exclusively for the purpose of the business.

‘Welding electrodes’ eligible for MODVAT credit

November 22, 2022 543 Views 0 comment Print

Manikgarh Cement Vs Commissioner of Central Excise (CESTAT Mumbai) The question that arises is whether ‘welding electrodes’ are ‘consumables’ as held by the original authority or are used in the manufacture of excisable goods and, therefore, eligible for MODVAT credit as claimed by the assessee. It is the claim of the appellant that within ‘capital […]

Cenvat credit admissible even if windmill is not located inside factory premises

November 22, 2022 696 Views 0 comment Print

It is not in dispute that the said electricity is supplied to the factory of the respondent and the same is used for manufacturing activity. Merely because the wind generation plant is situated far away from the manufacturing activity, credit cannot be denied.

Dept cannot refuse to release goods & conveyance if appellant compiles with Section 129(1)(c)

November 22, 2022 1044 Views 0 comment Print

Kerala High Court held  that if petitioner complies with provision of Section 129 (1)(c) of CGST Act, 2017, there is no reason for Assistant State Tax Officer to refuse the release of the goods and the conveyance, pending finalisation of the proceedings issued under Section 129.

ITAT upheld taxation of Capital Gain in the year of Registration of sale deed

November 22, 2022 1551 Views 0 comment Print

Ambesh Shrivastav contests capital gain assessment. Sale deed registration and possession date critical in ITAT Indore case.

Cenvat credit eligible on steel items used to set up Sponge Iron Plant for manufacture of final products

November 22, 2022 537 Views 0 comment Print

Principle of ‘user test’ also need to be considered while deciding the entitlement of assessee to avail CENVAT Credit as laid down by the Hon’ble Supreme Court in the case of CCE Vs. Rajasthan Spinning & Weaving Mills Limited 2010 (255) ELT 481 (SC).

AO allowed to survey u/s 133A with prior approval of concerned Principal CCIT/DG

November 22, 2022 6192 Views 0 comment Print

Now AO can also do survey u/s 133A of the Income Tax with the prior approval of concerned Principal CCIT/ DG F.No. 282/15/2022-IT (Inv.V)/267 Government of India Ministry of Finance Department of Revenue (Central Board of Direct Taxes) **** Civic Centre, New Delhi- 110002 Dated 22nd Nov, 2022 ORDER Subject: Order under section 119 of […]

Senior Citizens’ Savings (Amendment) Scheme, 2022

November 22, 2022 2607 Views 0 comment Print

Senior Citizens’ Savings (Amendment) Scheme, 2022- Deposit made under Senior Citizens’ Savings Scheme, 2019 on or after the 1st day of October, 2022 shall bear interest at the rate of 7.6 per cent. per annum.

SCN demanding duty not sustainable if it not contains reasons of demand

November 22, 2022 642 Views 0 comment Print

It is a settled legal position that when the assessee was not put to notice with regard to the reasons basis which the demand is being sought to be made, the proceedings cannot be legally sustained.

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