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Archive: 09 March 2023

Posts in 09 March 2023

Refund claim for unutilized balance in PLA not hit by limitation of section 11B of Excise Act

March 9, 2023 1638 Views 0 comment Print

CESTAT Ahmedabad held that deposit in PLA is not a payment of duty. Accordingly, refund claim for unutilized balance in PLA is not hit by limitation of Section 11B of the Central Excise Act, 1944.

Independent laboratory test directed to decide levy of Anti-dumping duty on imported goods

March 9, 2023 681 Views 0 comment Print

Madras High Court held that as test report of petitioner and respondent differs, it is directed to carry out independent laboratory test to come to a conclusion that the whether the imported goods contained Polyrethrene or not to decide levy of Anti-dumping duty.

Penalty u/s 78 not imposable in absence of deliberate intention to evade payment of service tax

March 9, 2023 2661 Views 0 comment Print

CESTAT Chennai held that penalty under section 78 of the Finance Act, 1994 not imposable in absence of deliberate intention to evade the payment of service tax.

Justified claim of assessee cannot be denied by appellate authority by citing procedure as a tool

March 9, 2023 1047 Views 0 comment Print

ITAT Mumbai held that as and when the CPC has erred while processing the return of an assessee which causes tax liability on an assessee, then lawfully the appellate authorities should not cite procedure as a tool/ruse to deny the just claim of an assessee.

Deduction u/s. 54F available as nexus sale of gold jewellery & purchase of flat established

March 9, 2023 2064 Views 0 comment Print

ITAT Mumbai held that deduction under section 54F of the Income Tax Act duly available as nexus between sale of gold jewellery and purchase of flat duly established.

No demand of service tax on repair & maintenance work carried out in Non-Designated areas

March 9, 2023 1362 Views 0 comment Print

When the drill ship was located in an area which was outside the territorial purview of the Finance Act, of 1994, service tax could not be demanded on repair and maintenance work carried out in non-designated areas.

SEBI (Grant of Reward To Informant Under Recovery Proceedings) Guidelines, 2023

March 9, 2023 933 Views 0 comment Print

SEBI (Grant of Reward To Informant Under Recovery Proceedings) Guidelines, 2023 shall regulate the grant and payment of reward to an informant who provides Original Information about the asset of a defaulter and such information results in the collection of outstanding dues which could not be recovered despite all possible efforts and such dues were certified as ‘Difficult to Recover’ on any one of the following parameters:

Penalty imposed on company for not furnishing place, time, number & mode of meetings in Board of Director’s Report

March 9, 2023 3402 Views 1 comment Print

Board of Director’s Report serial number of meetings, date of meeting. However, place, time, number and mode of meetings have not been furnished. Hence, requirements of section 118(10) read with SS -1 has not been complied with.

101 FAQ’s on Enforcement Directorate (ED) of Govt. of India

March 9, 2023 17826 Views 0 comment Print

Discover 101 FAQs on the Enforcement Directorate (ED) of the Government of India, covering its functions, scope of work, and laws like PMLA and FEMA.

GST: An Economic Reform

March 9, 2023 5184 Views 0 comment Print

Explore the economic reform of Goods and Services Tax (GST) in India, its impact on businesses, tax administration, and key provisions under the GST regime.

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