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Archive: 14 January 2023

Posts in 14 January 2023

Controversies in place of supply of Intermediary services under GST

January 14, 2023 11973 Views 0 comment Print

Find out why Indian intermediaries rendering services to a foreign principal may be liable for GST despite the general principle of place of supply being the place of recipient. Learn more in this blog post.

Referring matter to valuation officer unjustified as books of accounts not rejected

January 14, 2023 1008 Views 0 comment Print

ITAT Hyderabad held that prior to 01.10.2014 it was essential for the Assessing Officer to reject the books of accounts of the assessee before referring the matter to the Valuation Officer for determining different entries and the expenditure incurred by the assessee.

Import/Release of Goods without Ownership Transfer Not Permissible

January 14, 2023 1074 Views 0 comment Print

Delhi High Court ruled that the import or release of goods in favor of a petitioner without the transfer of ownership is not allowed under Section 2(26) of the Customs Act, 1962. The petitioner is liable to pay 50% of the detention/demurrage charges.

Benford’s Law Practical Application

January 14, 2023 6705 Views 0 comment Print

Benford’s law describes the relative frequency distribution for leading digits of numbers in datasets. In this article we are discussing the possible ways to implement this theorem with understanding our needs and business practices of record keeping.

Alternative remedy is not an absolute bar if there is violation of natural justice

January 14, 2023 2241 Views 1 comment Print

Availability of alternative remedy cannot be an absolute bar to file a writ petition in cases where principles of natural justice has been violated.

 HC quashes SCN for retrieval of matter from ‘Call book’ after 16 years

January 14, 2023 1041 Views 0 comment Print

Court is unable to find any valid explanation offered by Department in delaying in issuing initial SCN under Section 11A of CE Act, 4 years after the period of demand and then, more importantly, taking 16 years to retrieve the matter from Call Book

HC allows Assessee to avail Vivad Se Vishwas Scheme benefit after due date considering delay in filing Appeal by revenue

January 14, 2023 747 Views 0 comment Print

Assessee should not be non-suited for the default committed by the revenue in nor preferring the appeal within the period of limitation

Interest cannot be disallowed for mere non-conduct of business 

January 14, 2023 723 Views 0 comment Print

Ardor Chemicals Pvt. Ltd. Vs ITO (ITAT Ahmedabad) It is pertinent to note that though the business was not conducted during the present A.Y., for the purpose of smooth running of the business the assessee has borrowed the amount which was reflected duly in the bank account (Profit & Loss account and Balance Sheet of […]

Cenvat credit of CVD paid by debit in SFIS scrip – CESTAT directs re-adjudication

January 14, 2023 708 Views 0 comment Print

Nayara Energy Limited Vs Commissioner of Central Excise & ST, Rajkot (CESTAT Ahmedabad) The issue involved in this case is regarding the eligibility to avail Cenvat credit of the amount of CVD paid as debit in Served From India Scheme (SFIS). It is undisputed that as per Rule 3 of the Cenvat Credit Rules, any […]

Exemption from Additional Excise duty to fabrics not result into levy of VAT: Orissa HC

January 14, 2023 657 Views 0 comment Print

Textiles stood excluded from purview of ADE Act. It was accordingly concluded by STO that they would become amenable to Orissa sales tax from that date.

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