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Archive: January, 2023

Posts in January, 2023

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

January 2, 2023 783 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 816 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 1341 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.

Section 74(A) of CGST Act mandates minimum statutory period of 30 days: HC

January 2, 2023 1254 Views 0 comment Print

Motiprabha Infrated Pvt. Ltd. Vs Union of India (ITAT Patna) Undisputedly, minimum statutory period of 30 days mandated under the provisions of Section 74(A) of CGST/BGST Act, 2017 was not afforded to the petitioner for making payment due and prior to the expiry of 30 days, the assessing officer proceeded to pass the order, ex […]

ITAT allows section 10A Deduction on Income From Design Charges

January 2, 2023 645 Views 0 comment Print

Appellant has been able to establish that income by way of Design Charges are in the nature of business income as the same are inherently connected with the business of export of jewellery undertaken by Unit-II of the Appellant, and therefore, the same must be included in business income for the purpose of computing deduction under Section 10A of the Act.

Weekly newsletter from Chairman, CBIC dated 02/01/2023

January 2, 2023 780 Views 0 comment Print

The week gone by saw officers of the Directorate of Revenue Intelligence (DRI) detect two clandestine units manufacturing Mephedrone, a psychotropic substance under the Narcotic Drugs & Psychotropic Substances (NDPS) Act, 1985.

Net interest income on deposits with scheduled bank is taxable u/s 56 of Income Tax Act

January 1, 2023 8643 Views 0 comment Print

ITAT Bangalore held that interest on deposits kept with scheduled banks only the net interest i.e. the interest income reduced by the administrative expenses and other proportionate expenditure to earn the said income had to be brought to tax u/s 56 of the I.T. Act.

Duty passed on via supplementary invoice is eligible as cenvat credit

January 1, 2023 2301 Views 0 comment Print

CESTAT Ahmedabad held that duty passed on via supplementary invoice is eligible for cenvat credit as it is not due to reason of any suppression of fact, fraud, collusion or wilful mis-statement, etc and hence not barred by provisions of Rule 57AE of Central Excise Rules, 1944.

Rejection of appeal on technical ground amounts to denial of principles of natural justice

January 1, 2023 2697 Views 0 comment Print

Simply rejecting on a technical ground amounts to denial of principles of natural justice to the assessee. Therefore, we are remanding back the appeal to the file of the CIT(A) for proper adjudication on merit.

Non-compliance of procedure of GST circular will not dis-entitle petitioner from claiming GST refund

January 1, 2023 2508 Views 0 comment Print

Balkrishna Industries Limited Vs Union of India (Gujarat High Court) The petitioner has prayed for direction to refund of Rs. 21,71,74,611/-, which is unutilised input tax credit to be refunded without any Integrated Goods and Services Tax (IGST) debit with interest. Section 16 of the Act allows registered person to take credit on input tax […]

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