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Archive: 30 July 2023

Posts in 30 July 2023

Service Tax Demand Requires Accurate Service Specification in SCN

July 30, 2023 873 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Goyal & Co Construction, stating service tax demand cannot be confirmed without mentioning it in the show cause notice.

CESTAT: Ferrous Scrap Clearance from Imported Brass Not Treated as Input Removal

July 30, 2023 822 Views 0 comment Print

CESTAT ruling discusses whether clearance of iron and steel scrap from imported brass can be treated as removal of inputs under Cenvat Credit Rules, 2004.

CESTAT: HDPE Exempt from Customs Duty, Character Unchanged Even After Modification

July 30, 2023 840 Views 0 comment Print

CESTAT Ahmedabad rules in favor of Vikram Plasticizers, granting them customs duty exemption for their chemically modified HDPE, as it maintains its character.

Extension of due date for mandatory additional qualifiers in import/export declarations

July 30, 2023 669 Views 0 comment Print

Read about the extension of the due date for mandatory declaration of additional qualifiers in import/export declarations for certain products.

Slight variation in physical weight not affects value declared on the basis of Theoretical Weight

July 30, 2023 1548 Views 0 comment Print

In the case of Welspun Corp Ltd vs. C.C.-Mundra, CESTAT Ahmedabad ruled that a minor increase or decrease in weight compared to import invoices, calculated based on theoretical weight, is allowable. The tribunal cited a previous judgment in favor of the appellant and set aside the demand for enhanced valuation.

ITAT Deletes Penalty u/s 271(1)(c) for Non-Disclosure in ITR Due to Accountant’s Ignorance

July 30, 2023 1437 Views 0 comment Print

In a significant ruling, ITAT Ahmedabad relieves an assessee from penalties due to accountant’s mistake. Full review of Dharmendrakumar B Mehta Vs ITO case here.

HC Quashes GST Refund Rejection Order in Form GST-RFD-08 for Lack of Reasons

July 30, 2023 1854 Views 0 comment Print

Delhi High Court overturns GST refund claim rejection in a landmark case, highlighting the necessity for reasons in Form GST-RFD-08. Read the full case analysis here.

HC Upholds GST Penalty for Goods Transported Without Proper Invoice & Documents

July 30, 2023 1434 Views 0 comment Print

Read an insightful analysis of the Madras High Court’s decision to confirm a penalty on goods transmitted without proper invoice and transport documents.

U.P. Sales Tax: Toughened Glass classifiable as Goods & Wares Made of Glass: SC

July 30, 2023 690 Views 0 comment Print

Supreme Court’s definitive judgement includes toughened glass under the ambit of “glass and glassware” according to the U.P. Sales Tax Act, 1998.

Difference in closing stock emanating from preceding years cannot be attributed to year under consideration.

July 30, 2023 1800 Views 0 comment Print

ITAT Jaipur held that the difference in the closing stock is emanating from the difference in the working for the preceding years and that such difference cannot be attributed for the year under consideration. Accordingly, order not erroneous and jurisdiction of section 263 not invocable.

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