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Archive: 21 July 2023

Posts in 21 July 2023

CIT(A) Order based on fresh evidence without opportunity to AO is unsustainable

July 21, 2023 396 Views 0 comment Print

ITAT Chennai held that CIT(A) deleted disallowance of interest made u/s 36(1)(iii) based on the fresh evidences furnished by the assessee. However, CIT(A) failed to afford an opportunity to AO to verify the fresh evidence which is in violation of Rule 46A and hence order remanded back to AO to verify the evidences.

CESTAT Kolkata Upholds Confiscation of Betel Nuts and imposition of Penalty

July 21, 2023 714 Views 0 comment Print

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Kolkata has upheld the seizure of Betel Nuts and the imposition of penalties, dismissing the appeal by Sunil Kumar Yadav, who claimed ownership of the goods.

Once service tax levied under ‘Commercial Construction Service’, it cannot be re-demanded under ‘Works Contract Service’

July 21, 2023 456 Views 0 comment Print

The CESTAT quashes penalty against SAB Industries Limited, ruling that service tax cannot be levied under ‘Works Contract Service’ once demanded under ‘Commercial Construction Service’.

Adjudication Penalty for Late Filing of Financial Statement and Annual Return

July 21, 2023 4365 Views 0 comment Print

According to Section 137(1) (Copy of financial statement to be filed with Registrar) of the Company Act, 2013, A copy of the financial statements, including consolidated financial statement duly adopted at the annual general meeting of the company, shall be filed with the Registrar within thirty days of the date of annual general meeting.

Adjudication Penalty For Non-Appointment of Company Secretary

July 21, 2023 2316 Views 0 comment Print

Every listed company and every other public company having a paid-up share capital of Five crore rupees or more shall have whole-time key managerial personnel. And Further this Limit Increased to Ten Crore or More & Applicable in respect of FY Commencing on or after 01-04-2020.

Confiscation of Gold Bars & Penalty based on Retracted Statements Unsustainable

July 21, 2023 2250 Views 0 comment Print

CESTAT Kolkata held that confiscation of gold bars and imposition of penalty thereon on the basis of retracted statements without proving that the gold bars are smuggled in nature is unsustainable.

Classification of Flexible Intermediate Bulk Containers – CESTAT Remanded Matter

July 21, 2023 855 Views 0 comment Print

CESTAT Ahmedabad remanded the matter for reconsideration in case of classification of goods i.e. Flexible Intermediate Bulk Containers under HSN code 63053200 or under 39231090.

Bail application rejected since twin condition u/s 45 of PMLA not qualified

July 21, 2023 759 Views 0 comment Print

Held that the petitioner is required to cross the bar of twin conditions as laid down under Section 45 of PMLA to be released on bail. In absence of the same, application stands dismissed.

Land Sale Case – ITAT Restores Smt Ganigara Rekha Venugopal Vs ACIT Case to AO

July 21, 2023 426 Views 0 comment Print

Examination of the recent ITAT order in the case of Smt Ganigara Rekha Venugopal Vs ACIT, regarding the claim of deduction under the Income from Other Sources, providing an in-depth analysis of the facts and rulings.

Physician samples to be value as per rule 4 of Central Excise Valuation Rules, 2000

July 21, 2023 687 Views 0 comment Print

CESTAT Bangalore held that value of free physician samples should be done as per rule 4 of the Central Excise Valuation Rules, 2000. Valuation under rule 8 of the 2000 Rules by adding 15% profit to the cost of manufacture not acceptable.

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