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Archive: 30 October 2023

Posts in 30 October 2023

Confiscation u/s 111(m) of Customs Act invocable only upon material particulars being misdeclared

October 30, 2023 2964 Views 0 comment Print

CESTAT Mumbai held that section 111(m) of Customs Act, 1962 may be invoked only upon material particulars being misdeclared and this detriment is in addition to duty liability determined under section 28 of Customs Act, 1962.

Penalty u/s 271(1)(c) not leviable in absence of concealment of particulars of income

October 30, 2023 2580 Views 0 comment Print

ITAT Delhi held that penalty under section 271(1)(c) of the Income Tax Act not leviable since there is no concealment of particulars of income by the assessee.

No SSI exemption available if brand name not registered in the name of assessee

October 30, 2023 729 Views 0 comment Print

CESTAT Mumbai held that unless a Trade Mark/ Brand Name is registered in the name of the assessee, the assessee is not entitled to the benefit of SSI exemption notification.

Order rejecting GST refund for non-receipt of lease rental passed without considering contention remanded back

October 30, 2023 771 Views 0 comment Print

Delhi High Court concluded that Appellate Authority failed to consider the contention of the petitioner that there was no supply of service via-a-vis refund of GST. Accordingly, matter remanded to Appellate Authority.

Entertainment tax payable on organizing trade fairs at Pragati Maidan

October 30, 2023 570 Views 0 comment Print

Delhi High Court held that the respondent organizing trade fairs at Pragati Maidan, New Delhi is liable to pay entertainment tax. Accordingly, order passed by Financial Commissioner setting aside levy of entertainment tax held unsustainable.

Plea that is not put forward in pleading cannot be argued later for grant of relief

October 30, 2023 1032 Views 0 comment Print

Allahabad High Court held that argument regarding no intention to avoid payment of tax not whispered in the writ petition. Hence, held that the petitioner cannot be permitted to argue the case without there being any pleading in support of his arguments.

Benefit of notification 4/2006-CE available on clearance of Spent Sulphuric Acid

October 30, 2023 549 Views 0 comment Print

CESTAT Kolkata held that 100% EOU unit clearing Spent Sulphuric Acid to fertilizer companies is entitled to take benefit of notification no. 4/2006-CE dated 01.03.2006.

Interest from investment in bank governed by Co-operative Societies Act is eligible for deduction u/s 80P(2)(d)

October 30, 2023 1527 Views 0 comment Print

ITAT Chennai held that interest income received from investment in Erode District Central Co-operative Bank, which is governed by Tamil Nadu Co-operative Societies Act, is eligible for deduction u/s 80P(2)(d) of the Income Tax Act.

Penalty u/s 129(3) of CGST Act unsustainable as no intention to evade payment of tax

October 30, 2023 8871 Views 0 comment Print

Allahabad High Court held that for imposition of penalty under section 129(3) of the Central Goods and Services Tax Act, 2017 [CGST Act] intention to evade payment of tax is a pre-requisite. No penalty u/s 129(3) as there was no intent on part of petitioner to evade tax.

Failure to Timely Notify Assessment Orders Renders Them Fatal: Gauhati HC

October 30, 2023 1008 Views 0 comment Print

Discover how Gauhati High Court’s ruling on delayed assessment order notification affects their validity. Explore case of Vishal Udyog vs. State of Assam.

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