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Archive: April, 2023

Posts in April, 2023

No section 14A disallowance based on assumption of tax-free income in future

April 28, 2023 1875 Views 0 comment Print

If there is no tax-free income, then no section 14A disallowance is to be made based on assumption that in future, some tax-free income will result to assessee on investment. 

Appeal Filed by revenue after IBC Moratorium Period is not Maintainable

April 28, 2023 1230 Views 0 comment Print

NCLT ordered liquidation of respondent company under IBC and claim of Department been rejected. So appeal filed by Revenue after moratorium period is not maintainable

Subscription Fee Received by American Chemical Society cannot be Treated as Royalty

April 28, 2023 1149 Views 0 comment Print

Subscription revenue received by assessee in Chemical Extract Service and Publication division does not qualify as ‘Royalty’ in terms of section 9(1)(vi) of the Act & Article–12(3) of India–USA DTAA.

Suo motu availment of Cenvat Credit reversed during Litigation: CESTAT Remands Matter back to adjudicating authority

April 28, 2023 780 Views 0 comment Print

Short issue involved in the present case for determination is as to whether appellant could suo motu take credit reversed during litigation

If a new & distinct commodity known to Market is produced, the process amounts to manufacture

April 28, 2023 867 Views 0 comment Print

Manufacture requires that a new distinct marketable goods should be produced.So long as a new and distinct commodity known to the market is produced, the process amounts to manufacture and not otherwise. 

C Forms benefit cannot be denied on the ground of subsequent cancellation

April 28, 2023 1911 Views 0 comment Print

Cancellation of C Forms at a subsequent date would have a disruptive effect on the stream of commercial transactions, which is impermissible.

Insurance claim have no bearing on claim for remission of duty

April 28, 2023 909 Views 0 comment Print

In case the goods are lost or destroyed by natural causes or by unavoidable accidents during handling or storage in the store room or other approved premises the duty cannot be demanded.

To appropriate an amount, the same must be demanded as legitimate duty or dues

April 28, 2023 897 Views 0 comment Print

Only that amount can be appropriated which is actually demanded and confirmed by the authority as legitimate duty or dues.

NFAC can entertain fresh claims without a revised return

April 28, 2023 951 Views 0 comment Print

Pre-condition of filing of a revised return nowhere impinges upon jurisdiction of various appellate forums; NFAC can very well entertain even fresh claims without a revised return.

Customs Value declared by Assessee cannot be enhanced without rejecting it under Rule 12  

April 28, 2023 672 Views 0 comment Print

Enhancement of value of imported goods based on NIDB data and circular issued by DGOV without rejecting declared value under Rule 12 of Customs Valuation Rules, 2007 is not proper.

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