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Archive: 02 January 2023

Posts in 02 January 2023

CESTAT allows Interest on delayed Sanction of Refund Claim under Rule 5 of CCR

January 2, 2023 672 Views 0 comment Print

Refund under Rule 5 of Cenvat Credit Rules also being a refund under section 11B would squarely fall within the ambit of Section 11BB and interest is payable in case of delay in sanctioning the refund under Rule 5

Reopening based on show cause issued by Excise Department not justified

January 2, 2023 516 Views 0 comment Print

DCIT Vs Crystal Glaze (ITAT Ahmedabad) ITAT considered judgment passed by the Co-ordinate Bench in case of Zirconia Cera Tech Glazes vs. DCIT wherein addition was made only on basis of show cause notice issued by Excise Department against assessee alleging that assessee was engaged in undervaluation of sales and clandestine removal of goods and […]

CESTAT Allows Plea for Change of Classification in Globus Infocomm Case

January 2, 2023 339 Views 0 comment Print

Read about the CESTAT decision in the case of Globus Infocomm Ltd. vs. Principal Commissioner of Customs (Import), where the plea for change of classification was accepted. The order directs the re-examination of classification, duty demands, mis-declaration allegations, and penalties.

Education Cess not Allowable as Expenditure under Section 37: SC

January 2, 2023 1644 Views 0 comment Print

Education cess paid by the respondent-assessee would not be allowed as an expenditure under Section 37 read with 40 (a) (ii) of the Income Tax Act, 1961.

Scholarship cannot be denied merely for filing ITR instead of Income Certificate

January 2, 2023 4413 Views 0 comment Print

A mere discrepancy in filing the Income Tax Return instead of the Income Certificate, despite the two documents evidencing the same parameters of income requirements, cannot lead to a situation where an eligible meritorious candidate is deprived of the scholarship.

HC quashes order Cancelling GST registration without giving Reasons

January 2, 2023 480 Views 0 comment Print

Not only the order is non­speaking, but cryptic in nature and the reason of cancellation not decipherable therefrom. Principles of natural justice stand violated and the order needs to be quashed as it entails penal and pecuniary consequences.

HC dismisses Plea Challenging Levy and collection of cess under GST

January 2, 2023 1302 Views 0 comment Print

Ranvir Kumar Karan Vs Union of India (Madhya Pradesh High Court) In view of the Apex court judgment in Civil Appeal No.10177 of 2018 in the case of Union of India vs. Hind Energy and Coal Benefication (India Ltd.) HC dismisses plea challenging Levy and collection of cess under Section 8 of the Goods and […]

State obliged to issue C’ Forms for the period prior to GST regime

January 2, 2023 630 Views 0 comment Print

High Court held Declaration forms or ‘C’ Forms are required to be issued by the relevant State, which in the present case is State of Rajasthan.

Matter which was not subject matter of limited scrutiny cannot be raised in revisionary proceedings

January 2, 2023 669 Views 0 comment Print

ITAT held that matter relating to wages/labour expenses which was not subject matter of limited scrutiny cannot be raised in revisionary proceedings u/s 263 for the first time.

Reassessment beyond six years is barred by Limitation & is invalid

January 2, 2023 1143 Views 0 comment Print

Admittedly, the issuance of notice and initiation of re-assessment proceeding are beyond six years and, prima facie, it is barred by limitation both under the old Act as well as under newly amended provision relating to Section 147 of the Act.

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