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Archive: November, 2022

Posts in November, 2022

Duty demand u/r 17H of Central Excise Rules merely for clearance after 6 months unsustainable

November 3, 2022 510 Views 0 comment Print

CESTAT Ahmedabad held that as there was no manufacture of fresh goods there cannot be a duty demand under rule 173H of the Central Excise Rules, 1944 merely for reason of clearance after 6 months.

Section 56(2)(vii) doesn’t apply to property received under will/ inheritance

November 3, 2022 3432 Views 0 comment Print

ITAT Chennai held that provisions of section 56(2)(vii) of the Income Tax Act doesnt apply when the property received under a will or by way of inheritance

Non-verificaiton of other business results into improper adjudication

November 3, 2022 516 Views 0 comment Print

ITAT Hyderabad held that other than being an agriculturist, the assessee was license holder of retail sale of IMFL. However, the said fact was not verified by CIT(A). Accordingly, held that case has not been properly adjudicated by CIT(A).

Provisions of section 269ST is applicable to receiver & not to payer

November 3, 2022 2238 Views 0 comment Print

ITAT Bangalore held that assessee has paid money for the purpose of investment which is not disputed and therefore the provisions of Section 269ST of the Act is not applicable.

Section 14A Disallowance unsustainable in absence of exempt income

November 3, 2022 738 Views 0 comment Print

ITAT Bangalore held that no disallowance under section 14A of the Income Tax Act could be made if no exempt income was earned by the assessee.

Business promotion & Diwali expenses allowable as genuineness not doubted

November 3, 2022 3102 Views 0 comment Print

ITAT Delhi held that there is no doubt about the genuineness of the expenditure of business promotion expenses and Diwali expenses and there is also no finding that such expenses are incurred for the personal purpose/ extraneous nature of expenses.

SC to decide whether Service tax leviable on secondment of employees

November 3, 2022 2136 Views 0 comment Print

Commissioner of GST And Central Excise Chennai Vs Komatsu India Pvt. Ltd. (Supreme Court of India) The Division Bench of the Hon’ble Supreme Court of India, comprising of Hon’ble Mr. Justice Sanjiv Khanna and Hon’ble Mr. Justice J K Maheshwari, issued Notice in the case of Commissioner of GST and Central Excise Chennai v. M/s […]

Public Notice No. 34/2015-2020-DGFT – Related to notification of PSIA

November 3, 2022 2070 Views 0 comment Print

03 Agencies are notified as PSIA, additional areas of operation for 05 existing PSIAs and additional instruments in respect of 03 existing PSIAs have also been notified. Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade Vanijya Bhawan, New Delhi Public Notice No. 34/2015-2020-DGFT |Dated : 3rd November, […]

Bail allowed to GST Accused for fraudulent availing of Input Tax Credit amounted to Rs 10.71 Cr

November 3, 2022 1359 Views 0 comment Print

Gujarat High Court had recently, while deciding upon an application filed under section 439 of the Code of Criminal Procedure, granted bail to a GST accused for fraudulently availing input tax credit worth Rs 10.71 crores, in respect of fiction transactions amounting to Rs 59.55 cores as the department already had sufficient time to investigate their claim and to gather evidence, which they had alleged were in connection with fraudulent claim of Input Tax Credit and alleged evasion.

No bar to related party of Financial Creditor to submit a Resolution Plan

November 3, 2022 3048 Views 0 comment Print

IBC does not bar a related party of the Financial Creditor from submitting a resolution plan for the Corporate Debtor and also, an application based upon over future contingencies or apprehensions was unsustainable.

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