"January, 2023" Archive - Page 10

Section 114A penalty attracted only to person who is liable to pay custom duty or interest U/s. 28

Vinesh Naresh Chheda Vs Commissioner of Customs (Import-I) (CESTAT Mumbai)

Section 114A of Customs Act, 1962 ibid deals with imposition of mandatory penalty in certain cases. As per the Customs Act it is the importer who is to file the bill of entry to the proper officer u/s. 46 ibid while importing the goods and the assessment has to be made on that bill of entry and on such assessment, the duty is levied...

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Demand for Cenvat credit cannot be raised based on bald SCN

Sun Pharmaceuticals Industries Limited Vs C.C.E. & S.T.-Vadodara-I (CESTAT Ahmedabad)

Without any single evidence of taking credit in SCN, the SCN is bald & proceedings flowing from said SCN liable to be quashed on this threshold point itself....

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Failure of department to update its portal, cannot be permitted to result in any sort of prejudice to Petitioner 

Kumar Agro Products Pvt. Ltd. Vs DCIT (Bombay High Court)

The failure on the part of the Respondents to update their official portal, cannot be permitted to result in any sort of prejudice to the Petitioner, Notwithstanding the fact that an order of assessment has been passed in gross violation of principles of natural justice....

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Section 54 exemption eligible on brokerage for purchase of house property & on architect fees

Renu Ratnakar Bhattacharya Vs Commissioner of Income Tax (Appeals) (ITAT Mumbai)

Renu Ratnakar Bhattacharya Vs CIT (Appeals) (ITAT Mumbai) It is the case of the assessee that at the time of purchase of house property the assessee paid brokerage to the tune of Rs.2,50,000/- at the rate of 1% of the agreement cost of the new property to one Mr. Rajesh Mahendru. The assessee brought on […]...

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Cenvat credit cannot be denied for use of prime quality materials for manufacture of final products

Shakambari Overseas Traders Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata)

There is no restriction in CENVAT Credit Rules that Appellants should not use the prime quality materials for the manufacture of final products, CENVAT credit cannot be denied...

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Inter­state or intra-state supply – Allahabad HC Stays GST Demand Against Paytm

One 97 Comunications Limited Vs Union of India and others  (Allahabad High Court)

One of the issue raised in the present petition is that the supply of mobile recharge coupons and Direct To Home (DTH) recharge vouchers to recipients, who are located in other States, would be inter­state supply or intra-state supply....

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Notice mailed to email Address not belonging to Assessee Not Amounts to Proper Service

Barua and Company Pvt. Ltd. Vs. Union Of India & Ors. (Meghalaya High Court)

Barua and Company Pvt. Ltd. Vs. Union Of India & Ors. (Meghalaya High Court) The affidavit-in-reply filed by the assessee has robustly denied that the relevant email address to which the three notices of April, 2022 were issued belonged to the assesse or that such address had been furnished by any authorised officer of the […]...

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GST Registration cancellation order by merely Relying on System Generated Orders Not Sustainable

Rekha Saxena Vs. Commissioner of Central Goods and Services Tax (Delhi High Court)

Rekha Saxena Vs. Commissioner of Central Goods and Services Tax (Delhi High Court) HC held that orders cancelling registration are a serious matter, they impact the registrants, and therefore, the concerned officer should carefully pen down the orders, and not rely on the system generated orders. In this case, it appears that the order da...

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Section 56(2)(vii) applies to purchaser of capital asset & Section 50C to Buyer

Bharat Keshavlal Shah Vs PCIT (ITAT Pune)

Bharat Keshavlal Shah Vs PCIT (ITAT Pune) Lastly comes the issue of section 56(2)(vii) made applicable in assessee’s case on account of alleged difference between stamp valuation and actual purchase consideration qua the sale deed executed in the relevant previous year. A perusal of the said sale deed dated 31.12.2013, and more particul...

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Remuneration to directors cannot be disallowed merely because dividend could have fetch more tax

VGA Digital Printers Pvt. Ltd. Vs JCIT (ITAT Pune)

The AO had made out a case that if the assessee company had paid dividend instead of remuneration to directors, such payment would have been fetched more tax. In our considered opinion, there is no question of changing the character of transaction from payment of salary to the possible payment of dividend, resulting into potential higher ...

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