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Calcutta High Court held that purchasing dealer is entitled for concessional rate of tax as they have fulfilled the conditions in Section 8 of the Central Sales Tax Act, 1956 and the Form “C” declarations having been verified and found to be in order by the concerned authority of the State of West Bengal. Thus, purchasing dealer are entitled to claim a refund of tax directly from the State of West Bengal and they are not required to make the claim through the selling dealer, IOCL.
Jharkhand High Court rejected the bail application as the person is likely to hamper the investigation as already there were attempts to submit the false certificate to obtain the benefit on medical grounds. Further, if the bail is granted, the petitioner is also likely to temper the evidences.
Duty could not be demanded on the ground that there was absence of corroborative evidence on allegation of clandestine manufacture and removal of finished goods as ,the allegation of clandestine manufacture and removal of finished goods by the Appellant made in the Show Cause Notice, was merely on assumption and presumption, without sufficient material evidence corroborating the said allegations.
Orissa High Court held that concluded assessment could not be reopened by the Assessing Authority merely on the basis of audit objection.
Madras High Court held that that the scope of interference to a show-cause notice by a writ Court exercising its power under Article 226 of the Constitution of India, is very limited, barring few exceptions, like lack of jurisdiction or abuse of process of law, etc. Here, writ petition entertained as show cause notice issued on lack of jurisdiction.
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Export of Organic Non-basmati rice, including Organic Non-basmati broken rice, will be governed as per provisions under Notification No.03/2015-2020 dated 19th April, 2017 – Notification No. 45/2015-2020-DGFT | Dated: 29th November, 2022. Government of India Department of Commerce Directorate General of Foreign Trade Vanijya Bhawan, New Delhi Notification No. 45/2015-2020-DGFT | Dated: 29th November, 2022 Subject: […]
Where appellant-Revenue did not reveal that the statements recorded under Section 132(4) disclose some incriminating material on the basis of which orders under Section 153A had been passed then, no assessment under Section 153A should be made.
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