"05 September 2023" Archive

CBIC revises effective duty for certain products wef 6th September, 2023

Notification No. 53/2023-Customs [G.S.R. 656(E).] 05/09/2023

CBIC amends Notification No. 50/2017-Customs, dated the 30th June, 2017 February, 2021 in order to revise effective duty for certain products vide Notification No. 53/2023-Customs Dated: 5th September, 2023. Government of India Ministry of Finance (Department of Revenue) New Delhi Notification No. 53/2023-Customs | Dated: 5th September, ...

Duty demand not sustained as statutory records duly reflects receipts and consumption of goods

Commissioner of Central Excise & ST Vs Shah Alloys Limited (CESTAT Ahmedabad)

CESTAT Ahmedabad held that documentary evidence has far greater weightage against oral evidence especially when the oral evidence is contrary to the documentary evidence. Accordingly, duty demand unsustained as statutory records duly reflects receipts and consumption of goods....

Interest which is not received on debits cannot be disallowed

Sunil & Company Vs ACIT (ITAT Jodhpur)

ITAT Jodhpur held that disallowance of interest which is not at all received by the assessee is unsustainable and accordingly, the disallowance is vacated....

Denial of CENVAT Credit on supplementary invoices prior to 01.04.2011 unjustified

Hindalco Industries Ltd. Vs Commissioner of Central Excise (CESTAT Allahabad)

CESTAT Allahabad held that denial of CENVAT Credit on supplementary invoices evidencing the payment of service tax for period prior to amendments made in CENVAT Credit Rules, 2004 by way of insertion of Rule 9 (1) (bb) effective from 01.04.2011 is unjustified....

Revision u/s 263 justified as AO grossly failed to verify nature and source of transaction

Santosh Pandey Vs PCIT (ITAT Raipur)

ITAT Raipur held that revisionary jurisdiction under section 263 of the Income Tax Act rightly invoked as there is a gross failure on the part of the A.O to verify the nature and source of the cash deposits....

Addition towards unexplained credit not sustained as source of credit duly explained

Jignesh Kanubhai Patel Vs ACIT (ITAT Ahmedabad)

ITAT Ahmedabad held that addition u/s 68 of the Income Tax Act towards unexplained credit unsustainable as the assessee has been able to reasonably explain the source of gift from his mother....

Revision u/s 263 for non-invocation of section 115BBE on addition u/s 68 towards unexplained sundry creditors justified

Vijubha Jitubha Jadeja Vs PCIT (ITAT Rajkot)

ITAT Rajkot held that invocation of revisionary jurisdiction u/s 263 non-invocation of section 115BBE of the Act on the addition made on account of unexplained sundry creditors u/s. 68 of the Act is duly justifiable....

Levy of penalty u/s. 78 unsustained as duty liability with interest paid before issuance of notice

Alstom T&D India Limited Vs Commissioner of Central Excise and Service Tax (CESTAT Chennai)

CESTAT Chennai held that amount already paid towards the duty liability and interest before issuance of show cause notice. Notice issued only for levying penalty is untenable. Hence, levy of penalty u/s. 78 deleted....

Cenvat Credit can be utilized for payment of service tax on import of services

Paharpur Cooling Towers Ltd Vs Commissioner of Service Tax (CESTAT Kolkata)

CESTAT Kolkata held that Cenvat Credit can be utilized for payment of service tax on ‘import of services’. Accordingly, duty demand denying the same is unsustainable....

Subsidy for industrial unit expansion under Package Incentive Scheme is capital receipts

Chaitanya Steelshape Vs ITO (ITAT Pune)

ITAT Pune held that subsidy received by the assessee is towards the investment made in the expansion of its industrial unit under the Package Incentive Scheme 2001 is ‘Capital’ receipts. Accordingly, the same is not taxable....

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