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Archive: February, 2023

Posts in February, 2023

Direction given to submit an additional reply against notice issued u/s 174 of CGST Act

February 19, 2023 1170 Views 0 comment Print

Madras High Court directed the petitioner to submit an additional reply to the Show Cause Notice issued under section 174 of the Central Goods and Service Tax Act 2017.

Change in classification of Tariff Heading for availing lower Tariff rate benefit is not allowable

February 19, 2023 2136 Views 0 comment Print

Calcutta High Court held that petitioner not allowed to change the classification of Tariff Heading for availing lower rate of Tariff under GST regime as petitioner never contested classification under Central Excise Tariff Act and enjoyed Duty Drawback accordingly.

Accommodation entries through shell companies – Bail granted on the basis of period of incarceration & delay in investigation

February 19, 2023 1314 Views 0 comment Print

Delhi High Court held that the applicant is established to be a mastermind of the whole operation only on the basis of statements under section 50 of the Prevention of Money Laundering Act 2002. Also period of incarceration and delay in investigation justifies a prima facie release of applicant on bail.

Order of reprimand uphold as provisions of section 21 of CA Act, duly complied & member found guilty

February 19, 2023 4959 Views 0 comment Print

Bombay High Court held that provisions of section 21 of the Chartered Accountant Act 1949 duly complied and respondent found guilty. Accordingly held that order of reprimand of the respondent will serve th e ends of justice.

Freight for delivering goods to buyer premises not includible in assessable value

February 19, 2023 1368 Views 0 comment Print

CESTAT Hyderabad held that value of freight charged for delivering goods to buyers premises is not includible in the assessable value for the purpose of payment of central excise duty.

Addition u/s 68 unsustainable as identity and creditworthiness of share subscribing companies proved

February 19, 2023 2325 Views 0 comment Print

ITAT Kolkata held that assessee has discharged its onus to prove the identity and creditworthiness of the share subscribing companies and the genuineness of the transactions. Accordingly addition made towards share capital and share premium u/s. 68 unsustainable.

Value of free supply not includible in gross amount charged for levy of service tax

February 19, 2023 1215 Views 0 comment Print

CESTAT Ahmedabad held that the value of free supplies cannot be included in the gross amount charged for the purpose of levy of service tax.

Exemption u/s 54 to extent of non-deposit of unutilized amount in ‘Capital Gain Account Scheme’ not available

February 19, 2023 13605 Views 0 comment Print

ITAT Chennai held that exemption under section 54 of the Income Tax Act not allowable to the extent of non-deposit of unutilized amount in Capital Gain Account Scheme. Only proportionate exemption allowed.

EPS 95- Higher Pension – Frequently Asked Questions

February 19, 2023 208854 Views 158 comments Print

The request for a higher pension should be made in Joint Option Form duly signed by both the employee and the employer The EPFO has not issued any standard Format. The organizations are providing Joint Option Form in its format.

High Court permits GST appeal filing after expiry of statutory period

February 19, 2023 2571 Views 0 comment Print

Debson Pumps Pvt. Ltd. Vs Assistant Commissioner of State Tax (Calcutta High Court) High Court permitted the petitioner to file an appeal after the expiry of statutory period after condoning the delay. FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT 1. This application has been filed to condone the delay of 109 days in […]

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