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Archive: September, 2023

Posts in September, 2023

WDV of assets cannot be adjusted by amount of compensation for defective product

September 29, 2023 564 Views 0 comment Print

ITAT Mumbai held that amount of compensation for defective product being capital in nature cannot be adjusted from WDV of the assets.

NFRA Imposes Penalty on Auditor of Sobha Ltd for Audit Misconduct

September 29, 2023 5535 Views 0 comment Print

Introduction: The National Financial Reporting Authority (NFRA), under the authority of the Government of India, has issued Order No. 58/2023 dated 29.09.2023, which pertains to the statutory audit of Sobha Ltd for the Financial Year (FY) 2017-18 and 2018-19. The order addresses lapses in the conduct of the audit and charges of professional misconduct against […]

Changes in GST notified: No IGST on Ocean Freight in CIF Contracts

September 29, 2023 33228 Views 0 comment Print

Explore recent changes in GST regulations regarding ocean freight in CIF contracts, including legal challenges and Supreme Court rulings.

Extended period not invocable as wrong assessment not pointed out during scrutinizing return

September 29, 2023 630 Views 0 comment Print

CESTAT Delhi held that if the audit points out some wrong assessment which was not pointed out by the officer scrutinizing the ER-1 return, the fault lies at the doorstep of the officer. Hence, invocation of extended period of limitation bad-in-law.

CESTAT Orders Reconsideration on Merits as Commissioner (Appeals) Incorrectly Rejected Appeal

September 29, 2023 597 Views 0 comment Print

In Gidderbaha vs. Commissioner of CGST & Central Excise Ludhiana case, CESTAT orders reconsideration on merits due to improper rejection based on pre-deposit compliance.

Section 271B penalty not attracted if no books of account been maintained

September 29, 2023 2223 Views 0 comment Print

ITAT Mumbai ruling on penalty u/s.271B for non-maintenance of books of accounts by an assessee engaged in trading, financing, realty, and commodities business. Analysis of Varadagovind Parthasarthy Iyer vs ITO case.

No Penalty on Customs House Agent Not Directly Involved in Facilitating Illegal Imports

September 29, 2023 741 Views 0 comment Print

CESTAT Chennai’s ruling on penalty under Section 112(a) of the Customs Act for importing Chinese mobile phones. Analysis of K. Natarajan vs. Commissioner of Customs case.

Resolution plan approved by CoC cannot be interfered by Adjudicating Authority

September 29, 2023 1404 Views 0 comment Print

NCLT Delhi held that resolution plan submitted by the Successful Resolution Applicant which was approved by CoC cannot be interfered by Adjudicating Authority. Adjudicating Authority is not empowered to analyse or evaluate commercial decision of CoC.

PCA not liable to pay service tax under the heading “Club or Association Service”

September 29, 2023 654 Views 0 comment Print

In absence of evidence and PCA’s registration under Society Registration Act, tribunal found that PCA was not liable to pay service tax under Club or Association Service.

Excise Duty Refund Cannot Be Withheld by mere appeal filing Without Higher Court Stay

September 29, 2023 819 Views 0 comment Print

Analysis of Indian Oil Corporation Ltd vs CCEST case where issue of excise duty refund and applicability of limitation under section 11B were discussed. Learn more.

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