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Archive: 26 July 2023

Posts in 26 July 2023

Clearance to sister concern valued on Comparable Price as rule 8 of CVR applicable only from 01.12.2013

July 26, 2023 444 Views 0 comment Print

CESTAT Chennai held that the appellant was eligible to clear rough castings to their sister concern on payment of duty on the assessable value based on comparable prices of goods cleared by them to non-related buyers. Provisions of rule 8 of CVR 2000 applicable only w.e.f. 01.12.2003 after amendment by notification no. 14/2012-CE (NT) dated 22.12.2003.

High Court Set-Aside Order: Reasons for Reopening Not Provided in Tax Case

July 26, 2023 3738 Views 0 comment Print

In a tax case of Rajesh Poddar Vs ITO, the Bombay High Court set aside the order and directed re-adjudication due to failure in providing reasons for reopening the assessment.

Trust Registration under section 12AA cannot be denied for Surplus Profit

July 26, 2023 2160 Views 0 comment Print

The J&K High Court ruled that trust registration under section 12AA cannot be denied solely for generating surplus profit. Read the full judgment here.

HC set-aside order passed prior to expiry of notice period

July 26, 2023 474 Views 0 comment Print

Madras High Court sets aside the impugned Assessment order passed on short notice, just two days before the expiry of the notice period. The court rules in favor of the petitioner, citing a violation of principles of natural justice. Read the full analysis here.

Draft Company Secretaries (Amendment) Regulations, 2023

July 26, 2023 1617 Views 0 comment Print

ICSI has proposed Draft Company Secretaries (Amendment) Regulations, 2023 to amend the Company Secretaries Regulations, 1982. These draft regulations have been published for public information and feedback, as required by the Company Secretaries Act, 1980. The proposed amendments aim to address various aspects of the functioning and regulation of Company Secretaries in India.

Reimbursement of GST on differential amount of price variation of steel allowed

July 26, 2023 2934 Views 0 comment Print

Gauhati High Court held that Petitioner would be entitled to reimbursement of GST on differential amount of price variation of steel and GST paid by the Petitioner from the electronic credit ledger has to be taken into consideration while computing the Price Variation Clause (PVC) Claims of the Petitioner.

HC Set Aside Assessment Order for lack of adequate opportunity

July 26, 2023 534 Views 0 comment Print

Madras High Court sets aside the impugned Assessment order for the Assessment Year 2017-2018, citing lack of adequate opportunity for the petitioner to be heard. The case is remitted back to the respondent to pass a speaking order within 60 days. Read the full analysis here.

Refund granted to DICGC as premium paid by bank considered as inclusive of tax

July 26, 2023 492 Views 0 comment Print

CESTAT Mumbai allowed the refund claim filed by Deposit Insurance and Credit Guarantee Corporations (DICGC) by considering premium amount paid by bank as inclusive of tax.

Bihar VAT Refund Application Rejected Without Basis: HC imposes cost on Officer

July 26, 2023 3348 Views 1 comment Print

In a recent judgment, the Calcutta High Court scrutinizes the rejection of a statutory refund application without proper grounds. The court highlights the obligation of timely refund and interest payment and criticizes the conduct of the State Tax Authority. Read the full analysis here.

IGST on Loan by Citibank to Credit Card Holder – Calcutta High Court Judgment

July 26, 2023 2361 Views 0 comment Print

Explore the recent Calcutta High Court judgment on IGST exemption for Citibank credit card loans. Analysis of the loan, credit card services, and implications for borrowers.

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