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Archive: 22 July 2023

Posts in 22 July 2023

Recent GST Clarifications Issued By CBIC

July 22, 2023 4065 Views 0 comment Print

Stay informed on recent Goods and Services Tax (GST) clarifications by CBIC! Explore Circulars 192 to 199 issued on 17th July 2023, covering crucial topics like interest under section 50(3), ITC differences, TCS liability, warranty replacement, taxability of shares, refunds, e-invoice, and ‘cross charge’ for distinct persons. Ensure compliance and stay ahead in the evolving GST landscape

Calcutta HC Directs Swift Adjudication of Appeals on Black Money Act Assessments

July 22, 2023 975 Views 0 comment Print

In the case of Vikash Marda Vs Union Of India, the Calcutta High Court instructs CIT(A) to expedite pending appeals concerning assessments made under the Black Money Act.

Goods brought in factory premises without proper invoice establishes clandestine removal of goods

July 22, 2023 645 Views 0 comment Print

Held that the goods were brought in the factory premises without having proper invoices/documents with intent to clear them clandestinely. Accordingly, confiscation and the redemption fine as well as the penalty imposed u/s. 11 AC of Central Excise Act read with Rule 25 of Central Excise Rules, 2002 is absolutely justified.

Welding electrodes used for Plant repair are inputs but not part of manufacturing process

July 22, 2023 708 Views 0 comment Print

In a recent case, Hindustan Zinc Ltd Vs C.c.e. Jaipur, the Rajasthan High Court has decided that welding electrodes used for maintenance and repair are inputs and not part of the manufacturing process.

Capital gain tax inadvertently paid by wife needs to be refunded & recovered from assessee

July 22, 2023 7458 Views 0 comment Print

ITAT Mumbai held that capital gain tax inadvertently paid by the wife needs to be refunded with interest and the same needs to be recovered from the assessee as the same transaction cannot be charged to tax twice.

Invocation of extended period of limitation in absence of intention to evade duty is unsustainable

July 22, 2023 663 Views 0 comment Print

Meghalaya High Court held that extended period of limitation as per proviso to section 11A(1) of the Central Excise Act, 1944 not invocable as there was no element of deceit or intention on the part of the assessee to evade duty.

Penalty applies to Misdeclared Goods under Section 112 of Customs Act, 1962

July 22, 2023 4047 Views 0 comment Print

Detailed analysis of the CESTAT Ahmedabad ruling on the Jindal Fibres Vs C.C.-Kandla case, regarding penalties for misdeclared goods under Section 112 of Customs Act, 1962. Understand the implications for companies operating within SEZs.

Basic Customs Duty exemption vide notification no. 21/2002-Cus. and 12/2012-Cus. duly available as all conditions satisfied

July 22, 2023 819 Views 0 comment Print

CESTAT Chennai held that exemption of Basic Customs Duty under notification no. 21/2002-Cus. dated 01.03.2002 read with notification no. 12/2012-Cus. dated 17.03.2012 available as there is no violation of conditions. Further, demand proposed on misconception of facts and law is unjustified.

Obligations and responsibilities discharged by co-venturer is not subjected to service tax

July 22, 2023 1176 Views 0 comment Print

Held that as a party to the joint-venture, obligations and responsibilities discharged by co-venturer cannot be brought under service tax levy. Accordingly, demand of service tax set aside.

Amount received from subscription of e-journals doesn’t qualify as royalty & hence not taxable

July 22, 2023 3936 Views 0 comment Print

Delhi High Court held that amount received from subscription of e-journals cannot be treated as royalty as right in respect of copyright to the concerned subscribers not granted. Hence, the same is not taxable in India.

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