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Archive: 23 January 2023

Posts in 23 January 2023

Writ Jurisdiction of HC cannot be invoked on the ground that reasons recorded are not well-reasoned

January 23, 2023 357 Views 0 comment Print

Lakshya Vintrade Private Limited Vs Union of India And Ors. (Calcutta High Court) The sole ground by the petitioner for challenging the impugned order under Section 148A(d) of the Act is that the same is not a speaking order and the reasons recorded therein are not well-reasoned and satisfactory which according to me cannot be […]

Service tax cannot be demanded on correct availment of abatement and for discharging the tax liability for ‘Installation of thermal insulation’ under ‘Works Contract Service’

January 23, 2023 12150 Views 0 comment Print

CESTAT Held that, installation of ‘thermal insulation’ is a covered under definition of Works Contract Service & therefore, Service Tax is not demandable.

Cheque Bounce case: Adjudication in civil matters is based on preponderance of probabilities

January 23, 2023 3825 Views 0 comment Print

Adjudication in civil matters is based on preponderance of probabilities whereas adjudication in criminal cases is based on the principle that the accused is presumed to be innocent and the guilt of the accused should be proved to the hilt and the proof should be beyond all reasonable doubt.

Explanation 2 appended to Section 37(1) related to CSR expenses is prospective

January 23, 2023 1011 Views 0 comment Print

PCIT Vs Steel Authority of India Ltd. (Delhi High Court) Undisputedly, the departmental authorities have disallowed the CSR expenses, firstly, on the reasoning that it is of capital nature, and secondly, it is not incurred wholly and exclusively for the purpose of business. As per section 135 of the Companies Act, 2013, every company having […]

Mere wrong classification doesn’t amount to mis-declaration/ mis-statement

January 23, 2023 5931 Views 0 comment Print

CESTAT Delhi held that wrong classification of goods or claiming of ineligible exemption notification doesn’t amount to mis-declaration or mis-statement.

CBDT guidelines dated 14th June 2019 is contrary to provisions of section 279(2)

January 23, 2023 1725 Views 0 comment Print

Bombay High Court held that CBDT Guidelines dated 14th June 2019 prescribing time limit for application for compounding of offence is contrary to provisions of section 279(2) of the Income Tax Act.

Import of urea through STC, MMTC and Indian Potash Limited is permissible as per ITC (HS) Policy 2009-2015

January 23, 2023 636 Views 0 comment Print

CESTAT Ahmedabad held that Heading No.3102 1000 of the ITC (HS) Policy 2009-2015 allows import of Urea through STC, MMTC and Indian Potash Limited. Hence, goods cannot be held liable to confiscation. Consequently, no penalty u/s 112 can be imposed.

GST: SCN can still be Issued U/s. 73 – No Limitation For FY 2017-18 Under N/No. 13/2022 Dated: 05.07.2022

January 23, 2023 11892 Views 0 comment Print

GST: Show Cause Notice Can Still Be Issued U/S. 73 – No Bar Of Limitation Came Into Force For The Ay 2017-18 Under Notification No. 13/2022/05.07.2022

Seizure and Sealing During Search Under GST

January 23, 2023 5484 Views 0 comment Print

Understand the powers of GST officials regarding inspection, search, seizure, and arrest under Sections 67 to 72 of the CGST Act, 2017. Learn about the legality of cash seizure, property sealing, and depositing GST during searches. Stay informed with expert insights and recent court rulings.

Imposition of penalty without opportunity of being heard cannot be sustained

January 23, 2023 252 Views 0 comment Print

CESTAT Ahmedabad held that imposition of penalty without granting an opportunity of being heard is against the principles of natural justice and accordingly cannot be sustained.

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