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Archive: 20 August 2023

Posts in 20 August 2023

Redemption fine and penalty justified as FTP condition to import Light Oil not satisfied

August 20, 2023 291 Views 0 comment Print

CESTAT Ahmedabad held that goods imported are classifiable under tariff heading 27101290 which are allowed to be imported only through State Trading Enterprises (STE), as per the Foreign Trade Policy (FTP) condition 5 of chapter 27. Redemption fine and penalty justified as condition of the policy for importing goods not satisfied.

Expense incurred for earning business income is allowable as business expense

August 20, 2023 336 Views 0 comment Print

ITAT Mumbai held that since service charges collected from the tenant was accepted as ‘income from business, any expenses incurred thereof is allowable as business expense.

GST Ruling on Tobacco Pre-Mixed with Lime: Kasar Industries Case

August 20, 2023 591 Views 0 comment Print

Explore GST AAR Rajasthan ruling for Kasar Industries regarding classification, applicable rate of GST, and Compensation Cess on tobacco pre-mixed with lime.

Granted another opportunity of being heard and furnish requisite document for registration of Trust u/s 12AB

August 20, 2023 591 Views 0 comment Print

ITAT Ahmedabad restored the issue to the file of CIT(E) and directed to give another opportunity of being heard to the appellant in support of his case for registration of Trust u/s. 12AB of the Income Tax Act and also directed appellant to furnish requisite documents in the matter.

Common Head Office for Multiple GST Registrants – AAR cannot give ruling

August 20, 2023 912 Views 0 comment Print

Explore comprehensive analysis of recent GST AAR Rajasthan ruling on ITC eligibility, common head office usage, and refund timeline for businesses.

AAR Cannot give ruling on past Supplies

August 20, 2023 492 Views 0 comment Print

Explore the implications of the GST AAR Rajasthan ruling that states AAR cannot give rulings on supplies conducted before filing an advance ruling application.

Building or part of land used for car parking is exempted for levy of service tax

August 20, 2023 1284 Views 0 comment Print

CESTAT Chennai held that a building or its part put up on land and which is used for car parking will get the benefit of the exclusion from levy of Service Tax under Section 65(105)(zzzz) of the Finance Act, 1994. Accordingly, refund claim allowed.

Validity of circular 80/10/2004-ST not examined as notice issued on same matter be adjudicated by designated officer

August 20, 2023 387 Views 0 comment Print

Bombay High Court held that validity of circular no. 80/10/2004-ST dated 17 September 2004 cannot be examined vide the present petition as the same is already subject matter of contention in the show cause notice issued to one of the petitioner’s member M/s. Transocean Offshore International Ventures Ltd. and hence designated officer will adjudicate the same.

Imposition of penalty u/s 271(1)(c) without specifying the limb is bad-in-law

August 20, 2023 1284 Views 0 comment Print

ITAT Delhi held that penalty notice under section 271(1)(c) without specifying the limb is vague and ambiguous, accordingly, penalty proceedings not sustainable.

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