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Archive: 15 April 2023

Posts in 15 April 2023

Recent Updates In GST & Service Tax till 14th April 2023

April 15, 2023 36123 Views 0 comment Print

Stay updated on the latest developments in GST and Service Tax until April 14, 2023. Explore amendments, rate changes, collection figures, and regulatory updates for seamless compliance.

Merely because appellant at relevant time not opt for any option, revenue cannot impose upon appellant a particular option

April 15, 2023 813 Views 0 comment Print

HIL Limited Vs C.C.E. & S.T. (CESTAT Ahmedabad) In this case though initially the appellant have taken the cenvat credit on the common input service which were used for manufacture of dutiable goods as well in relation to exempted service i.e. trading activity, however, on pointing out by the department, the appellant have calculated the […]

What is GST returns & types of GSTR

April 15, 2023 9714 Views 0 comment Print

Discover what GST returns are and explore the various types of GSTRs (Goods and Services Tax Returns) under the GST regime in India. Learn when to use each GSTR for seamless tax compliance.

Mutilation of goods before clearance: CESTAT reduces Redemption Fine & Penalty

April 15, 2023 882 Views 0 comment Print

Veer Enterprise Vs C.C.-Kandla (CESTAT Ahmedabad) CESTAT find the goods have been cleared and duty discharged as per the Tariff Heading proposed by the department. The Certificate of Chartered Engineer produced by the party is actually deficient, as it has been obtained behind the back of Customs Officials and does not show the time and […]

Section 11AC penalty not valid If no Suppression of fact to evade Duty

April 15, 2023 807 Views 0 comment Print

Tansi Pump Unit Vs Commissioner of GST & Central Excise (CESTAT Chennai) Brief facts are that the appellants are registered as manufacturer of hand-pumps, EB line material, Benches, Desks etc. They availed small scale exemption under Notification No.8/2003-CE dt. 1.3.2003 and after crossing the exemption limit were clearing the products on payment of duty. Appellant […]

Clearance of excisable goods outside factory without payment of duty and without preparing any documents violate Excise Rules & procedure

April 15, 2023 975 Views 0 comment Print

Velji P & Sons Vs C.C.E. & S.T. (CESTAT Ahmedabad) The case of the department is that the appellant M/s. Rawmin Mining and Industries Pvt. Ltd. is 100% export oriented unit has cleared 444903.645 MTs of their final product namely Beneficiated Bauxite and stored at the plot allotted to their custom house agent and shipping […]

CESTAT allows SAD refund which was rejected for non-compliance of Notification No.102/2007-Cus. Dated 14.09.2007

April 15, 2023 552 Views 0 comment Print

S. Vaidya and Company Vs Commissioner of Customs (CESTAT Chennai) Brief facts of the case are that the appellant filed three refund claims for refund of SAD amount of Rs.10,97,996/-. After scrutinizing the documents, the adjudicating authority observed that the sales invoices were not endorsed with the mandatory declaration that “no cenvat credit can be […]

CESTAT allows SAD Refund as No Limitation prescribed under Original Notification

April 15, 2023 984 Views 0 comment Print

Refund claim of SAD is not time barred as no such limitation is prescribed under original notification no.102/2007-Customs. It was also held that period of limitation for first time cannot be introduced through subordinate legislation or notification.

ITAT grants stay to Amazon Web Services Inc.

April 15, 2023 1329 Views 0 comment Print

Assessing Cloud Computing Tax Dispute – AWS Inc. challenges ITAT Delhi on Royalty & FTS, seeks conditional stay on outstanding demands.

Non-specification of limb of notice render section 271(1)(c) penalty proceedings invalid

April 15, 2023 1128 Views 0 comment Print

Non-specification of limb of the notice would render section 271(1)(c) penalty proceedings invalid. ITAT held that notice u/s 271(1)(c) is omnibus notice, thus defective which goes to the root of the matter. Accordingly the appeal of the assessee stands allowed.

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