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Archive: 23 November 2022

Posts in 23 November 2022

Interest eligible on refund of excess reversal of cenvat credit if not sanctioned within 3 Months of application

November 23, 2022 933 Views 0 comment Print

Reliance Industries Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabed) The limited issue to be decided in the present case is that when the appellant were granted the refund of excess reversal of cenvat credit whether they are entitled for the interest for the delayed sanction of refund in terms of Section 11 BB. I find […]

CENVAT credit eligible on Freight, if included in assessable value & not separately charged

November 23, 2022 1050 Views 0 comment Print

Gujarat Metal Cast Industries Ltd. Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT held that if the sale of goods is on FOR, freight is included in assessable value on which excise duty was paid and the freight was not separately charged to the customer of the goods, the assessee is entitled for the Cenvat Credit. […]

Levy of GST & penalty cannot be based upon presumption

November 23, 2022 2208 Views 0 comment Print

Appellate authority after referring to provisions of Section 129 held that it is well settled that levy of tax & penalty cannot be based upon presumption

Search and seizure action by Income Tax Department in Bihar

November 23, 2022 729 Views 0 comment Print

Income Tax Department initiated a Search & Seizure action on few groups engaged in the business of gold & diamond jewellery and real estate, on 17.11.2022. The searches were carried out at more than 30 premises spread over Patna, Bhagalpur, Dehri-on-Sone, Lucknow and Delhi. During the course of the search, large number of incriminating documents […]

Rule 128(9) not provide for denial of FTC in case of delay in filing Form No. 67

November 23, 2022 1710 Views 0 comment Print

ITAT held that Rule 128(9) of the Rules does not provide for disallowance of Foreign Tax Credit (FTC) in case of delay in filing Form No. 67; (ii) filing of Form No. 67 is not mandatory but a directory requirement and (iii) DTAA overrides the provisions of the Act and the Rules cannot be contrary to the Act.

Now Competition Commission of India to examine Anti-Profiteering

November 23, 2022 4887 Views 0 comment Print

CBIC notifies Competition Commission of India to examine whether input tax credits availed by any registered person or the reduction in the tax rate have actually resulted in a commensurate reduction in the price of the goods or services or both supplied by him vide Notification No. 23/2022 – Central Tax Dated 23rd November, 2022. MINISTRY […]

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