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Archive: 02 October 2023

Posts in 02 October 2023

Sharing of beneficial ownership for deemed dividend between spouses under guise of Portuguese Civil Code unjustified

October 2, 2023 1326 Views 0 comment Print

Bombay High Court held that the provisions of the Civil Code could not create any right in a spouse, who is not registered shareholder of the company, by operation of law, in relation to other shareholders of that company including her spouse. Accordingly, beneficial ownership held by one spouse cannot be taxed on the basis of 50% to each.

CESTAT allows exemption on molasses captively consumed to manufacture Rectified Spirit & DNA 

October 2, 2023 1053 Views 0 comment Print

Read how CESTAT Chennai quashes excise duty demand in the case of EID Parry (India) Ltd. vs. Commissioner of GST & Central Excise. Get detailed insights here.

ITAT Imposes Rs 5,000 Cost on Assessee for Non-Compliance of CIT(A) notices

October 2, 2023 1851 Views 0 comment Print

Read how ITAT Mumbai imposes a cost of Rs 5,000 on Edifice Properties Pvt Ltd for non-compliance with notices in their appeal against the CIT(A) order.

CESTAT Kolkata waives Penalty for Lack of Tax Evasion Evidence

October 2, 2023 528 Views 0 comment Print

Discover how CESTAT Kolkata ruled in favor of Guru Shipping & Clearing Pvt Ltd, waiving penalties due to a lack of evidence for tax evasion. Full text of the order.

Transaction value in Bill of entry cannot be rejected without cogent reasons

October 2, 2023 762 Views 0 comment Print

CESTAT Chennai sets aside excise duty demand on silk yarn, ruling that the transaction value cannot be rejected without cogent reasons. Full text of the order.

ITC Cannot Be Denied merely Based on GSTR 2A & 3B Discrepancies: Kerala HC

October 2, 2023 44067 Views 0 comment Print

Kerala High Court directs readjudication of input tax credit (ITC) claim, stating that discrepancies between GSTR 2A and GSTR 3B alone cannot be grounds for denial

WMT Basis for Calculating Duty on Export of Iron Ore Fines prior to 1.5.2022

October 2, 2023 2553 Views 0 comment Print

Explore the Bagadiya Brothers Pvt. Ltd. vs. Commissioner of Customs (CESTAT Kolkata) case regarding the determination of duty on iron ore fines based on WMT.

Aggrieved party is entitled to receive compensation from party who has broken contract

October 2, 2023 1134 Views 0 comment Print

Supreme Court held that an aggrieved party is entitled to receive compensation from the party who has broken the contract whether or not actual damage or loss is proved to have been caused by the breach.

Writ not entertained as authority empowered u/s. 5 of PMLA Act scrutinized material while passing provisional attachment order

October 2, 2023 1494 Views 0 comment Print

Kerala High Court dismissed the writ petitioner stating that as authority empowered u/s. 5 of PMLA Act scrutinized the materials while passing provisional attachment order and hence it is not justifiable to exercise extraordinary powers under Article 226 of the Constitution of India.

Assessment order passed in case of amalgamated entity is null and void

October 2, 2023 1614 Views 0 comment Print

ITAT Mumbai held that the entire assessment order have not been passed in the case of non-­existing entity i.e. amalgamated entity is null and void and hence liable to be quashed.

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