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Archive: 27 January 2023

Posts in 27 January 2023

Case reopened in light of SC judgment in Ashish Agarwal to be completed by 31.05.2023

January 27, 2023 14295 Views 1 comment Print

CBDT directed that cases reopened u/s 147/148A in consonance with Judgement of SC in case of UoI vs. Ashish Agarwal & CBDT instruction No. 01/2022 dated 11.05.2022 shall be completed on or before 31.05.2023.

GST: Natural justice violation in trial administrative body cannot be cured by observing natural justice at appellate stage

January 27, 2023 1533 Views 0 comment Print

It is well settled that a failure of natural justice in the authority of first instance cannot be cured by sufficiency of natural justice in the appellate body, else the same would encourage the tendency of the authorities to give a short shrift to the proceedings before them.

No service tax for brand endorsement during IPL as the same was not “business support service”

January 27, 2023 1533 Views 0 comment Print

Service tax demand against famous cricketers and brothers, Irfan Pathan and Yusuf Pathan was not justified as they were not providing any service as an independent individual worker therefore, they were not liable to service tax under the Business Support Service for brand endorsement during IPL.

No custom duty recovery on import of aircrafts in absence of findings by Competent Authority

January 27, 2023 1443 Views 0 comment Print

Chimes Aviation Private Limited Vs Commissioner of Customs (CESTAT Delhi) Conclusion: Confiscation and customs duty recovery order against Chimes Aviation Private Limited for use of aircrafts for purposes other than training was quashed as  the customs authorities should have proceeded to recover the duty on the basis of the undertaking only when the competent authority […]

Passing of reassessment order without providing an opportunity of hearing is against principle of natural justice

January 27, 2023 1419 Views 0 comment Print

Gujarat High Court held that passing of reassessment order, alleging failure of submission of Form-F due to Covid lockdown, without providing an opportunity of hearing is against the principle of natural justice and hence liable to be quashed.

From 20.10.1989 ESI Act is applicable to factory/establishment irrespective of persons employed

January 27, 2023 3321 Views 1 comment Print

Supreme Court held that insertion of sub-section (6) to section 1 is effective from 20.10.1989. Hence, on and after 20.10.1989, irrespective of number of persons employed a factory or an establishment shall be governed by the ESI Act.

Addition u/s 69A merely based on unsigned agreement is unsustainable

January 27, 2023 2850 Views 0 comment Print

ITAT Delhi held that addition under section 69A of the Income Tax Act merely on the basis of agreement which is not even signed without any corroborative material is unsustainable in law.

Electricity (Promoting Renewable Energy Through Green Energy Open Access) Amendment Rules, 2023

January 27, 2023 1317 Views 0 comment Print

Electricity (Promoting Renewable Energy Through Green Energy Open Access) Amendment Rules, 2023 shall come into force from 27.01.2023

Amendment to Instructions on extension of Requirement of Health Certificate accompanied with import of food consignments

January 27, 2023 1281 Views 0 comment Print

Amendment to Instruction No 18/2022-Customs dated 12.08.2022, Instruction No 30/2022-Customs dated 14.11.2022 and Instruction No 32/2022-Customs dated 28.11.2022 regarding extension of Requirement of Health Certificate accompanied with the import of food consignments-reg.

Cancellation/Holding of swapping order of Export Quota for export during Sugar Season 2022-23-Reg.

January 27, 2023 519 Views 0 comment Print

Instruction No. 03/2023-Customs Cancellation of swapping order w.r.t. 8th & 9th Reallocation of Export Quota for export during Sugar Season 2022-23 and holding of export quota

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