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Archive: 17 April 2023

Posts in 17 April 2023

Confiscation of goods for non-payment of GST by subsequent seller – HC grants interim relief

April 17, 2023 3051 Views 0 comment Print

Advocate J S Bedi Jagraon Multi Metals Vs State of Punjab (Punjab & Haryana High Court) Interim order passed by Honb. Punjab & Haryana High Court against the confiscation of goods directly u/s 130 on the ground that subsequent seller has not deposited the tax That three vehicles were detained by State Tax Officer Ludhiana […]

Sample Format for Creditors Confirmations

April 17, 2023 30774 Views 0 comment Print

Explore a sample format for creditors confirmations, crucial for auditing to validate balances. Learn about positive confirmation requests and get insights on illustrative letters for creditors, ensuring accuracy in financial records. Optimize your audit processes with this comprehensive guide.

No section 271B penalty if non-audit was due to Bonafide Belief that Accounts need not be Audited

April 17, 2023 2205 Views 0 comment Print

Section 273B of the Act, squarely applies and since assessee has a reasonable cause for not getting books of account audited, he should not be visited by penalty u/s 271B

No custom duty benefit on Main PCB, Lightning Protector, DC/AC Cables, Fuse Holders of IFWT

April 17, 2023 927 Views 0 comment Print

The goods imported such as main PCB, lightning protector, DC/AC cables, fuse holders are neither parts nor accessories of Integrated Fixed Wireless Telephones ( IFWT )could not be considered as accessory as these parts were not used to increase the effectiveness or convenience of IFWT. Therefore, the goods imported were neither parts nor accessories of IFWT and therefore could not avail the benefit of notification for Customs duty exemption.

Commission from financial institution towards sale of their loan product is liable to Service Tax

April 17, 2023 717 Views 0 comment Print

Commission received from the financial institution towards sale of their loan product is liable to Service Tax

HC imposes penalty on commissioner for casual approach & acting non-judiciously

April 17, 2023 14760 Views 0 comment Print

Casual approach of Commissioner State Taxes cannot be permitted since he is trying only to prevent payment of refund amount to petitioner.

No service tax section 78 penalty in revenue neutral situation

April 17, 2023 1320 Views 0 comment Print

CESTAT find that since there is no intention of the appellant to evade any duty as the appellant have discharged the service tax and utilized the same though incorrectly but it was a revenue neutral situation as the appellant is otherwise entitled for the refund of the same amount. Hence, in absence of any mala fide penalty under section 78 is not imposable. Therefore, the penalty imposed under section 78 is set aside.

No Unjust Enrichment if tax charged initially is reversed subsequently

April 17, 2023 588 Views 0 comment Print

Unjust-enrichment does not exist in case where assessee initially charged duty / service tax and subsequently issued credit note for the same

SAD refund allowed even though condition 2(b) of Notification No.102/2007-Cus. not complied

April 17, 2023 303 Views 0 comment Print

Appellant is eligible for refund even though condition 2(b) of Notification No.102/2007-Cus. dated 14.09.2007 not been complied

Violation of Section 92(4) – MCA Imposes Penalty of Rs. 6.50 Lakh

April 17, 2023 6141 Views 0 comment Print

Government of India takes action against Ramudraurban Bachat Nidhi Limited for violating Section 92 of Companies Act, 2013. Detailed analysis and implications in this article.

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