"13 September 2023" Archive

Cenvat available on naphtha used for generation of electricity which is consumed within factory

Haldia Petrochemicals Limited Vs Commissioner of CGST & Central Excise (CESTAT Kolkata)

CESTAT Kolkata held that naphtha used for generation of electricity which is consumed within the factory of production is eligible for Cenvat Credit....

Deeming provision u/s 69 not applicable on unrecorded transaction as nature and source explained

Baljinder Kumar Vs DCIT (ITAT Chandigarh)

ITAT Chandigarh held that transactions which were not recorded at the time of survey are unrecorded transaction, however, as nature and source of such unrecorded transaction explained the same cannot be brought to tax under the deeming provisions of section 69 of the Income Tax Act....

Revocation of Customs Broker Licence unjustified without active or passive facilitation in mis-declaration/ undervaluation

Shyam Singh Vs Commissioner (CESTAT Delhi)

CESTAT Delhi held that imposition of harsh punishment of revocation of Customs Broker Licence in absence of any active or passive facilitation in mis-declaration and undervaluation of imported goods unjustified....

Benefit of notification 67/95-CE available to molasses captively consumed for manufacture of rectified spirit

NSL Sugars Limited Vs Commissioner (CESTAT Bangalore)

CESTAT Bangalore held that benefit of notification no. 67/95-CE dated 16.03.1995 available in respect of molasses which is captively consumed for the manufacture of rectified spirit as rectified spirit is a dutiable excisable goods....

Convertible Note (CN)- Additional & flexible funding option for startups

Startups often face challenges in securing funding, and one innovative solution that has gained popularity is the Convertible Note (CN). CN serves as a flexible financial instrument that combines elements of debt and equity, providing a unique funding option for emerging companies.  Convertible Note is an instrument evidencing receipt of...

Posted Under: Excise Duty |

Legal Analysis: Quashing of Look Out Circular: Delhi High Court

Nipun Singhal Vs Union of India (Delhi High Court)

In law, look out circular is a circular letter used by authorities of India to check whether a travelling person is wanted by police. It is open to search for absconding criminals and also to prevent and monitor effectively entry or exit of anyone who maybe sought by law enforcement or authorities. ...

Complex Web Portal Design Causes Missed GST Notice: HC Quashed Order

Sabari Infra Private Limited Vs Assistant Commissioner (ST) (Madras High Court)

Madras High Court quashes GST assessment orders for AY 2017-2022, citing a web portal design flaw that led to missed notices. Details and implications....

IBBI Suspends IP for Conducting CIRP Without Due Regard to Code

Order No. IBBI/DC/189/2023 13/09/2023

DC notes that Mr. Partha Sarathy Sarkar has conducted the entire CIRP of the CD in a brazen manner without having due regard the provisions of the Code and the regulations made thereunder. Keeping in view the grave nature of contraventions as detailed above, three years suspension is fully justified....

Non-allowance to cross-examination person whose statement is relied upon makes entire adjudication proceedings bad

Ajay Saraogi Vs Union of India (Calcutta High Court)

Calcutta High Court held that initiation of adjudication proceeding without allowing cross-examination of person whose statements recorded and relied upon in the adjudication proceeding makes the entire proceeding vitiated....

Demand of 10%/6%/5% on value of exempted goods not sustained as proportionate cenvat credit reversed

Emami Limited Vs C.C.E & S.T.-Valsad (CESTAT Ahmedabad)

CESTAT Ahmedabad held that appellant is not liable to pay an amount equal to 10%/6%/5% of the value of exempted goods as proportionate Cenvat credit on common input service attributed to the exempted final product already reversed....

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September 2023