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Archive: 22 August 2023

Posts in 22 August 2023

Excise Duty Exemption for Intravenous Fluids Treating Veterinary Diseases

August 22, 2023 927 Views 0 comment Print

Supreme Court held that exemption from excise duty given to intravenous fluids is available to products manufactured for treatment of veterinary disease if products falls under the category of intravenous fluids.

Snow goggles are classifiable under residual CTH 90049090

August 22, 2023 1155 Views 0 comment Print

CESTAT Delhi held that goods imported are snow goggles and not sunglasses. Accordingly, the goods i.e. snow goggles are classifiable under residual CTH 90049090 as others and cannot fall under CTH 90041000 as sun glasses.

Delay Condoned for Tax Deposit Under Vivad Se Vishwas Due to External Factors

August 22, 2023 2796 Views 0 comment Print

Allahabad High Court held that delay of three days in depositing the arrears of tax under Direct Tax Vivad Se Vishwas Act, 2020 due to unforeseen and extraneous circumstances that were beyond the control of the petitioner is condonable.

Importer’s Value Accepted Amid Department’s Failure to Provide Documents

August 22, 2023 666 Views 0 comment Print

CESTAT Ahmedabad held that despite of various opportunities as department failed to furnish basic documents like SCN and RUDs including relevant correspondence, the value declared by the imports/ respondents is upheld.

Settlement Commission Order cannot be set-aside Without Re-determination of undisclosed income

August 22, 2023 2103 Views 0 comment Print

Supreme Court held that while setting aside the order of Settlement Commission, High Court could have remanded the matter to the Settlement Commission for re-consideration and re-determination of undisclosed income. It is unjust to set aside the order of Settlement Commission without re-determination of undisclosed income.

Services for SEZ authorized Operations Exempt, Even if Used Outside SEZ

August 22, 2023 2928 Views 0 comment Print

CESTAT Chennai held that SEZ unit/ developer is eligible to claim exemption from services tax even if the services are consumed outside the SEZ so long as the services are being used for authorized operations.

No Deduction u/s 48 for Post-Acquisition Mortgage Debt Repayment

August 22, 2023 903 Views 0 comment Print

ITAT Mumbai held that the assessee not entitled to deduction u/s 48(i) of the Act for repayment of the mortgage debt which was incurred subsequent to the acquisition of the property and not for the purpose of acquisition.

AO Must Allow 4 Weeks After Rejecting Objections to Reassessment

August 22, 2023 3771 Views 1 comment Print

ITAT Mumbai held that AO is bound to dispose of the objections filed by the assessee against reopening and give at least four weeks time, from the date of rejection of objection, to assessee to seek any legal remedy. In absence of the same, reopening of assessment is not legally sustainable.

Buying and selling cargo space on its own account not covered within BAS

August 22, 2023 1398 Views 0 comment Print

CESTAT Delhi held that appellant was buying and selling space on its own account and was not acting on behalf of the shipping lines. Hence, the same is not covered under the definition of Business Auxiliary Service (BAS).

CENVAT credit eligible on Railway line material used to move goods within factory premises

August 22, 2023 678 Views 0 comment Print

CESTAT Ahmedabad held that welding material used for repairs and maintenance of the plants is eligible for cenvat credit. Further, Railway line material used to move inputs/ raw material and manufactured goods within the factory premises is directly connected to the manufacture of final product and therefore, the credit cannot be denied on these items.

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