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Archive: July, 2023

Posts in July, 2023

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

July 30, 2023 2598 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 1680 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 2667 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 2034 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 957 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 2775 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.

CESTAT Chennai Rules in Favor of Sugar Mill – Manpower Supply Allegations Rejected

July 30, 2023 879 Views 0 comment Print

CESTAT Chennai allows the appeal filed by Nadippisai Pulavar K.R. Ramasamy Co-operative Sugar Mills Ltd., rejecting the allegations of manpower supply. The demand for Service Tax is set aside.

CESTAT Chennai: SCN for Revocation of License Must Be Issued Timely

July 30, 2023 765 Views 0 comment Print

CESTAT Chennai allows the appeal filed by Trade Wings Logistics India Pvt. Ltd., revoking the Custom Brokers license due to the Show Cause Notice being issued beyond the stipulated 90 days from the date of the offense report.

Calcutta HC Dismisses Writ Petitions Challenging Preliminary Reports on Tax Investigation

July 30, 2023 807 Views 0 comment Print

The Calcutta High Court dismisses writ petitions challenging preliminary reports issued by the Deputy Commissioner of State Tax in a tax investigation case.

Madras HC Sets Aside GST Demand Without Opportunity of Being Heard

July 30, 2023 1194 Views 0 comment Print

The Madras High Court sets aside a GST demand and penalty imposed on M.B.M. Steels for an inward supply from a non-existent supplier without affording them an opportunity to be heard.

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