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Archive: 02 March 2023

Posts in 02 March 2023

Duty demand unsustainable in Clandestine Clearance without Physical Movement/Diversion

March 2, 2023 603 Views 0 comment Print

CESTAT Ahmedabad ruled that duty demand in a case of clandestine clearance cannot be sustained if there is no conclusive evidence of physical movement or diversion. The demand based on assumptions and presumptions is unsustainable.

Writ filed in case of differential duty in respect of portable emergency lamp after 16 years needs reconsideration

March 2, 2023 702 Views 0 comment Print

Madras High Court held that as writ is filed, in the matter of differential duty in respect of portable emergency lamp, after a lapse of almost sixteen years, the same needs reconsideration on merits and in accordance with law.

Member of Schedule Tribe ‘residing in any area specified’ u/s 10(26) is exempt from income tax

March 2, 2023 40350 Views 3 comments Print

Guwahati High Court held that any member of a Scheduled Tribe as defined in Clause (25) of Article 366 of the Constitution, residing in any of the areas prescribed u/s. 10(26), is exempted from payment of income tax. However, residing in any area specified cannot be given a narrow and restricted meaning.

Interest u/s 27(A) gets applicable after expiry of 3 months from date of receipt of refund application

March 2, 2023 1338 Views 0 comment Print

CESAT Chandigarh held that interest u/s 27(A) of the Customs Act, 1962 is available after expiry of three months from the date of receipt of refund application till the date on which the refund has actually been paid.

Modernizing CA and CS Firms for Efficient Compliance

March 2, 2023 1485 Views 0 comment Print

Discover how CA and CS firms are modernizing for efficient compliance. Learn about technology adoption, GST services, and skill development. Read now.

Whether GST interest can be recovered by issuing letter?

March 2, 2023 2241 Views 1 comment Print

Discover key considerations before paying GST interest, including due dates, rates, and more. Understand if the department can demand interest via letters. Read now.

Appellate Authority needs to give reasonable opportunity to AO if additional evidence is admitted

March 2, 2023 1524 Views 0 comment Print

ITAT Hyderabad held that it is mandatory for CIT(A) to grant responsible opportunity to the Assessing Officer in case additional evidence is admitted. However, in the present case, the documents based on which relief is granted was already available with the department and hence there is no violation of Rule 46A of the Income Tax Rules.

Order cancelling GST registration traveling beyond the scope of notice is untenable

March 2, 2023 675 Views 0 comment Print

Gujarat High Court held that impugned order cancelling the registration traveling beyond the scope of show cause notice is untenable in law.

Reopening unsustainable as post assessment there was no change in law and no new material came on record

March 2, 2023 2121 Views 0 comment Print

Bombay High Court held that as between the date of the orders of assessment sought to be reopened and the date of forming of opinion by the Income-tax Officer nothing new has happened i.e. there is no change in law, no new material came on record and no new information has been received. Hence reopening proceedings was just change of opinion accordingly the same is unsustainable in law.

Appointment of Additional Assistant Director as Central Excise Officer of rank of Superintendent

March 2, 2023 2088 Views 0 comment Print

Appointment of Additional Assistant Director as Central Excise Officer of the rank of Superintendent vide Notification No. 01/2023- Central Excise (N.T.) Dated: 2nd March, 2023. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) Notification No. 01/2023- Central Excise (N.T.) Dated: 2nd March, 2023 G.S.R. 163(E).— In exercise of the powers conferred […]

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