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Archive: September, 2023

Posts in September, 2023

Addition merely based on presumptions and assumptions is unsustainable

September 19, 2023 3933 Views 0 comment Print

ITAT Chennai held that addition based merely on presumptions and assumptions and without allowing cross-examination is unsustainable in law and liable to be set aside.

Cenvat eligible for clearance of dyed yarn if duty paid at doubling stage

September 19, 2023 327 Views 0 comment Print

CESTAT Mumbai held that Cenvat credit can be availed for clearance of dyed yarn, if the duty is paid at the doubling stage.

Reassessment proceeding u/s 147 based on information from investigation wing valid

September 19, 2023 2259 Views 0 comment Print

ITAT Mumbai held that initiation of reassessment proceedings under section 147 of the Income Tax Act based on the information received from the investigation wing is valid and sustainable in law.

General expenses deductible while computing deductive value u/r 7 of CVR, 2007

September 19, 2023 942 Views 0 comment Print

CESTAT Chennai held that as per Rule 7 of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 (CVR, 2007), “general expenses” in connection with sales in India are to be deducted from the sale price of imported goods/ identical/similar imported goods while arriving at the deductive value of the goods.

Order dispatched beyond prescribed time limit is barred by limitation

September 19, 2023 2928 Views 0 comment Print

ITAT Delhi held that the date of dispatch from the adjudicating officer is relevant for determining the limitation period. Accordingly, assessment order dispatched beyond time limit prescribed u/s. 153(1) is barred by limitation.

Customs duty is payable on actual quantity of crude oil received into shore tank

September 19, 2023 744 Views 0 comment Print

CESTAT Ahmedabad held that actual oil quantity physically received into the shore tank should be taken as the basis for payment of duty at the time of ex-bond bills of entry.

Deeming section 69 doesn’t apply when source of surrendered income proved to be business income

September 19, 2023 1533 Views 0 comment Print

ITAT Amritsar held that once source of surrendered income is proved to be business income, the same cannot be taxed as deemed income under section 69 read with section 115BBE of the Income Tax Act.

Non-restoration of GST registration alleging non-filing of requisite form for change of address untenable

September 19, 2023 1059 Views 0 comment Print

Delhi High Court held that non-restoration of GST registration alleging non-filing of requisite form for change of place of business untenable as the same was not ground on which GST registration of the petitioner was cancelled in the first place.

Interest demand cannot sustain in absence of tax liability

September 19, 2023 1893 Views 0 comment Print

CESTAT Chennai held that as there is no tax liability on the advance amount received by the appellant, demand of interest thereon unsustainable.

Gap between two board meeting exceeded 120 days- MCA imposes penalty

September 19, 2023 25179 Views 0 comment Print

The Ministry of Corporate Affairs (MCA) in India has imposed penalties on Loram Rail Maintenance India Private Limited for violating Section 173(1) and Section 118(10) of the Companies Act, 2013. This article provides an in-depth analysis of the case, the reasons for the penalty, and the consequences for the company and its directors. Facts about […]

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