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Archive: 06 August 2023

Posts in 06 August 2023

Bombay HC Directs Defect Memo to Rectify GST Procedural Errors

August 6, 2023 948 Views 0 comment Print

Read the full judgment of JEM Exporter vs. Union of India case where Bombay High Court directs issuance of a defect memo to rectify GST procedural errors before filing an appeal.

CENVAT Credit Allowed for Erection & Commissioning Services of Spray Drying Plant

August 6, 2023 309 Views 0 comment Print

CESTAT rules in favor of Shivani Detergent Pvt. Ltd., upholding the CENVAT credit for erection & commissioning of a spray drying plant as ‘input service’.

CHA cannot be penalised on assumptions & presumptions devoid of concrete facts showing wrongdoing

August 6, 2023 696 Views 0 comment Print

Delve into the CESTAT Chennai’s decision: Lapse or failure to comply with CBLR does not attract penalties under sections 114 & 114AA of the Customs Act, 1962.

Disallowance of sums paid as bonuses, leave with wages & leave encashment -ITAT directs re-adjudication

August 6, 2023 678 Views 0 comment Print

Analysis of ITAT Chandigarh’s verdict in Eastman Exports Vs DCIT. The case focuses on audit report dates and tax deductions.

Discrepancies between SCN & adjudication order: CESTAT Directs Re-Adjudication 

August 6, 2023 444 Views 0 comment Print

Read about the case of Ultratech Cements Ltd vs C.C.E. & S.T.-Rajkot in CESTAT Ahmedabad, where discrepancies between the SCN and adjudication order lead to a re-adjudication process.

Rajiv Dhingra Vs Enforcement Directorate: Bail Granted

August 6, 2023 822 Views 0 comment Print

Explore the Punjab & Haryana HC decision, granting bail to Rajiv Rattan Dhingra in the Nature Heights Infra Scam due to the non-violent nature of offence.

Cash Cannot Be Seized Without Official Seizure under CGST Act: Delhi HC

August 6, 2023 1158 Views 0 comment Print

Delhi HC challenges respondents’ action to seize ₹19.5 lakh during a CGST Act search. Verdict favors refund of the unlawfully removed cash to the petitioner.

No penalty if all taxes are paid before issuance of SCN

August 6, 2023 1848 Views 0 comment Print

A mere averment in the Show Cause Notice that the appellant had suppressed the fact cannot mean that mens rea is established, No penalty if Alleged suppression of facts was not willful with an intent to evade payment of service tax.

Tax Evasion Information: SC directs Centre to Reconsider Reward Granted

August 6, 2023 876 Views 0 comment Print

Detailed case analysis of Ketan Modi vs Union of India & Others. Uncover the Supreme Court’s decision on reward reconsideration in a tax evasion revelation.

Illegal Adjustment Not Permitted for Non-Availability of GST Form on Portal

August 6, 2023 8397 Views 0 comment Print

Analysis of Allahabad High Court case, Tikona Infinet Vs State of U.P., addressing legality of adjustments made due to GST form unavailability.

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