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Archive: 07 December 2023

Posts in 07 December 2023

AJL not a ‘Local Authority’ & liable to pay GST on security & advertisement services

December 7, 2023 972 Views 0 comment Print

GST Appellate Authority upheld the key aspects of the Gujarat Authority for Advance Ruling. AJL was not classified as a ‘Local Authority,’ and it was liable to pay GST on security and advertisement services. The requirement for GST registration as a deductor did not apply, and the attempt to be categorized as a ‘Government Entity’ or ‘Governmental Authority’ was dismissed.

Most appropriate classification of canned pineapple slices is CTH 0804

December 7, 2023 402 Views 0 comment Print

CESTAT Delhi held that the most appropriate classification of canned pineapple slices will be CTH 0804. However, duty demand of extended period set aside as there was confusion in department regarding classification of canned sliced pineapples.

Delay in filing appeal before Commissioner condoned on account of reasonable cause shown

December 7, 2023 1692 Views 0 comment Print

ITAT Mumbai held that delay of 33 months in filing appeal before Commissioner condoned on account of reasonable cause and outbreak of Covid-19. However, an amount of Rs. 51,000 directed to be deposited in the Prime Minister’s National Relief Fund (PMNRF).

Charge Memorandum issued against Commissioner on allowing unsubstantiated sub-contract expenses by wrong finding was upheld by HC

December 7, 2023 570 Views 0 comment Print

Since the inquiry had already been completed and the applicant had also filed her representation on the Inquiry Report, UPSC advice had also been given to the applicant to submit her representation, the applicant has had the opportunity to put forward her case including all relevant evidence and documents in support of her defence. Thus the disciplinary proceedings were at the final stage and the Charge Memorandum had been rightly issued.

Interest allowable on Cenvat Credit refund after expiry of 3 months from date of filing claim to date of claim

December 7, 2023 453 Views 0 comment Print

Interest for period after 3 months refund of 19 crores of cenvat credit was allowable after expiry of three months from the date of filing the claim to the date of claim. In the present case refund claim was filed on 27.12.2012 the period of three months will be over on 26.03.2013. They would be entitled to the interest for the period beyond 26 March, 2013 to the date of payment i.e. 21.05.2013, which was about 55 days.

SCN without specifying grounds of GST registration cancellation: Delhi HC directs reconsideration 

December 7, 2023 1281 Views 0 comment Print

Explore the Delhi High Court judgment on Sai Aluminium Exim vs PR Commissioner of GST. Learn about the reconsideration of GST registration cancellation without specific reasons, legal analysis, and implications.

CESTAT accepts Bona fide Request request for provisional release of goods  

December 7, 2023 342 Views 0 comment Print

Read the CESTAT Chennai order allowing provisional release of seized polyester coated fabric. Analysis of the case against Commissioner of Customs. Full details.

CESTAT Chennai Allows Provisional Release of goods u/s 110A of Customs Act

December 7, 2023 516 Views 0 comment Print

CESTAT Chennai allows provisional release of gold seized from Sree Venkateshwara Bullion, citing balance of convenience and following principles of natural justice.

CESTAT Chennai grants Cenvat Credit to Insurance Co. for Vehicle Repairs

December 7, 2023 354 Views 0 comment Print

CESTAT Chennai rules in favor of United India Insurance Co., allowing Cenvat credit for vehicle repairs despite invoices in vehicle owners’ names. Analysis and implications.

Commissioner (Appeals) cannot condone delay beyond 30 days: CESTAT Allahabad

December 7, 2023 2421 Views 0 comment Print

In this analysis of Tehsildar Koil Vs Commissioner of Central Excise, CESTAT Allahabad rules on time-barred appeals, emphasizing the 30-day limit for filing

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