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Archive: May, 2023

Posts in May, 2023

Excise duty demand will not sustain if after adjusting Cenvat credit no differential demand arises

May 9, 2023 1323 Views 0 comment Print

Commissioner of Central Excise & ST Vs Gujarat Heavy Chemicals Limited (CESTAT Ahmedabad) CESTAT find that appeal can be disposed of only on threshold point that whether the entire case involves the Revenue neutrality or otherwise. There is no dispute that all the goods on which the duty was demanded have been imported duly paid […]

Under PMLA It is immaterial whether acquittal was on merit or compromise

May 9, 2023 3138 Views 0 comment Print

Manturi Shashi Kumar Vs Director (Telangana High Court) Facts in the present appeal lie within a narrow As already noted above, appellant No.1 was an accused in the criminal case for offences which are considered as predicate offences under PMLA. In view thereof, a case was registered under PMLA following which the properties mentioned above […]

Designing & Execution of Stalls on Customer’s Request is Work Contract not Interior Decorator service

May 9, 2023 1533 Views 0 comment Print

Praveg Communications India Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) In the present case, the appellant’s activity being of setting-up of stalls for exhibition or events cannot be considered to be classified under Interior Decorator’s service for the reason that there is neither any element of beautification of space nor any provision […]

Jurisdiction of Settlement Commission in Relation to Goods under Section 123 of Customs Act- SC gives split verdict

May 9, 2023 1377 Views 0 comment Print

Right of an accused under Customs Act, 1962 to settle dispute as per provisions contained under chapter XIV A of the Customs Act.

Filing of Writ due to expiry of period of filing appeal is abuse of process of Court: HC

May 9, 2023 1443 Views 0 comment Print

Allahabad High Court noted that against the order dated 21.05.2022 passed u/s 74 of GST Act, 2017, the appeal could have been filed within a period of 30 days, which was extendable for one month and no more.

MOA cannot be rejected by Customs if not incorrect, fabricated or if no variation in specification of goods

May 9, 2023 774 Views 0 comment Print

Ghasiram Gokulchand Vs C.C. Jamnagar (CESTAT Ahmedabad) In the instant case, CESTAT find that the genuineness of the MoA dated 22.11.2012 has not been doubted. It is also noted that the LDT mentioned in the MoA dated 05.11.2012 between Ace Exim Pvt. Ltd. and Alang Auto & Gen. Engg. Pvt. Ltd. was not found to […]

PMLA to include formation agents, arrangements, providing address, agents, nominee shareholder

May 9, 2023 20940 Views 0 comment Print

Central Government’s Notification on Further Activities Considered as Money-Laundering under Prevention of Money-Laundering Act, 2002 The Central Government has issued a notification regarding the activities that are considered as money-laundering under sub-clause (vi) of clause (sa) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002. The notification specifies that certain activities, […]

Time limit to opt for FCM for Transporters extended till 31.05.2023

May 9, 2023 5037 Views 0 comment Print

Notification No. 05/2023-Integrated Tax (Rate) Dated: 9th May, 2023- CBIC extends Time limit for filing Annexure -V to opt for Forward Charge Mechanism (FCM) for Transporters for the FY 2023-24  to 31st May 2023. Also Read Similar CGST Notification No. 05/2023- Central Tax (Rate) Dated: 9th May, 2023  Ministry of Finance (Department of Revenue) New […]

LAW OF CRIME – DEFAMATION: Section 499 to 502, IPC

May 9, 2023 17205 Views 0 comment Print

Defаmаtiоn is а рrосedure fоr сheсk аnd bаlаnсe оn the Right tо freedоm оf sрeeсh аnd exрressiоn (Аrtiсle 19). It is а рrосedure tо ensure thаt nоbоdy hаrms the reрutаtiоn оf аny рersоn оr tend tо сreаte а wrоng орiniоn оf the рersоn whо is defаmed, in the eyes of the public.

Time limit to opt for Forward Charge Mechanism for Transporters extended till 31.05.2023

May 9, 2023 10281 Views 0 comment Print

CBIC extends Time limit for filing Annexure -V to opt for Forward Charge Mechanism (FCM) for Transporters for the FY 2023-24  to 31st May 2023 vide Notification No. 05/2023- Central Tax (Rate) Dated: 9th May, 2023 Also Read Similar IGST Notification No. 05/2023- Integrated Tax (Rate) Dated: 9th May, 2023 Ministry of Finance (Department of Revenue) […]

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